Date Received: 2018-04-25
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: XX/XX/XXXX RE : ACCOUNT # XXXX re : XXXX XXXX To whom it may concern, It has come to my attention that over the last 43 months there have been no less than seven events complex enough to have severely deviated good faith payments made in as described by the terms of my original retail sales contract executed on XX/XX/XXXX in XXXX XXXX, ca at XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, ca XXXX Contract # XXXX R.O.S. number : XXXX Stock # XXXX Below is a list of grievances that require resolution by GM : Breach of contract issue # 1- On the original contract, The truth in lending Annual Percentage Rate indicated as 17.95 % with a total amount financed of {$39000.00} for a term of 72 months @ {$890.00}. A mathematical error in long form exists. In fact interest rate reflected is inaccurate. The amount financed is at a undisclosed rate of 18.24 %, this is in excess of the legal allowable deviation permissible which is .24 % of a percentage point., XXXX XXXX XXXX error is outside the permissible variance at .29 %. The payment should be dollers lower than {$890.00}, check this to verify. Gm Financial had a Duty to correct such errors upon approval of said loan but did not uncover or disclose such information, Gross negligence occurred in this event, resulting in financial Harm to myself has been caused with these non disclosed monetary charges that in accurately reflect by terms now require resolution. It has only been my research which uncovered said errors, correspondence with XXXX XXXX. XXXX, has led to denial of said errors, ongoing communications and correspondence with GM Financial is just as deferential to my normal quirys, requests for summary statement history which to the date of this letter has gone unanswered. The adage you can fool some of the people all the times, but not all people at all times. Breach of contract issue # 2- Anticipatory negligence was utilized by GM Financial through solicitation of Deferment services, I was approached by GM Financial with an offering of deferment- my contention is that apparently the binding terms that were authorized vs additional terms binding terms outside the deferment agreement terms expressed in writing were imposed without written disclosure, therefore we can demonstrate that the additional fees withheld, and have not disclosed in writing as such even at the time of this letter, therefore have not be authorized with my signature on said additional fees and not binding to said original sales contract also in breach. It can also be shown GM financial upon reviewing the signed sales contract, noticing my signature with the mathematical errors present at the outset of the loan acceptance may have provided impetus for anticipatory negligence based actions to the further abuse of additional mathematical errors, singularity toward the benefit of gaining additional fees outside the binding terms of the approved contract, in other words it may be a premeditated decision which demonstrates multiple breach of contract issues developed over time, which illustrates the actual conspired nature of the deceit. By far GM Financials discreet illegality by collecting interest immediately after deferment for only the interest of the deferment period preceding does not abide to terms of Deferment as defined and authorized by my own signature. GM Financial offered no accounting for such full payment interest only payment which accounts for six ( 6 ) payments in total of 36 payments made to date. In other words these instances which occurred undermine the credibility of the entire GM financial Corporation with regard to consumer abuse is veiled in the mask of the subject of Deferment. GM financial has overstepped its legal right to make binding changes to the retail contract without written authorization.This is a breach # 2 of contract. We have a mutual understanding that GM financial has not before, during or after the approved terms of deferment provided even the most basic disclosure with regard to the ongoing business practices GM engages in on an ongoing basis. What binding changes I acknowledged and agreed in writing with regard to defernment are quite clear, to enable the terms of the loan to be extended by a new maturity date equitably balanced with the time of deferment approved. This stands at 6 months. As stated, the defernment does not stop interest from accruing. In Fact, it can be shown that GM Financial is entitled to more interest than that the original terms of the loan described by the new maturity date extension of 6 months. This represents a ( # 2 ) second form of interest that as described in the authorized deferment agreement and as stated are not dueat the end of the loan on the final payment, which is agreed and authorized. This is the line of where GM Financial ability ends to collect on interest for these periods of deferment 3 instances of 2 months each, the first was XX/XX/XXXX and XX/XX/XXXX, the second was XX/XX/XXXXand XX/XX/XXXX, and the third was XX/XX/XXXX and XX/XX/XXXX, these ( 6 ) six months as mentioned are all deferred periods. This is where GM financial decided to actually take without permission 6 payments for themselves which account for a triple ( # 3 ) interest billing to me illegally inflicting damages Ii now seek to remedy, this had the additional consequence of extending my payoff terms from 36 to 49 months remaining, this does not make any sense whatsoever, its an hidden revenue generating scheme worthy further discussion. Breach of contract issued # 3 Misrepresentation of funds requested for payment of late fees misapplied once received as agreed. On no less than two occasions totals of several months of late payments were required to be made by myself in order to be approved for payoff of collection department with 2 normal payments not made when due, one in connection with deferment # 2 a {$290.00} late fee was requested as a condition of approval for deferment, GM financials the collection department found it necessary to ask for even more money at a point they were aware i was under financial duress. As if this was not self explanatory or transparent enough for any objective viewpoint, its gesture of financial insult were not enough even when paid as requested GM financial managed to pull another untrustworthy scheme for good measure, because the next move GM financial used with said late fees further aggravated and compromised said requests resulting in a third instance of breach our agreement occurred with regard to collecting on account fees misrepresentations, when once said fees were received they were misappropriated toward ongoing a partial payments- So in fact GM Financial by its own doing, mislead the consumer with regard to what fee were requested to be applied toward another intent and use breaches our contract as well. By doing this GM financial kept the consumer in the dark about the less than full payment due once the misappropriation happened. Albeit GM financial delayed the consumer notification of its own error for at least 30 days on two different occasions which was only first evidenced by consumer subsequently when invoices for new payment was received the following month. This is policy as described by many a customer service representative. GM financial 's intent to further confuse is evident from circumstances which led which to these misappropriations. This resulted in both an attempt to compound further issues with clear intent in antagonizing the consumer, myself. Attempts to correspond to get resolution which effects 6 to 7 months of payments/ interest need to be credited back toward my account, thus far my earnest attempts were met unsuccessfully, Moreover, actual monetary damages sought with regard to these instances of breach now require resolution. Breach of contract issue # 4- Additional unauthorized terms of Deferment- additional terms imposed without written disclosure, or written authorization and is therefore are not binding. It turns out after several months of calling GM financial everyday- that the accumulation of my unexplained charges which account to at least, ~ $ 3,000-up to possible ~ {$5200.00} in additional fees that are not being disclosed what so ever and active avoidance of providing accounting of my payment history is being withheld, due to being requested, this dynamic can be described as a charging a new THIRD type of accruing interest not only during the time of deferment itself, but charging of that interest to the consumer directly after the deferment period ends undisclosed, given my 36 payments made, GM financial only would only acknowledge I had made 30 payments, when I stated that having signed the contract 42 months ago ( at that time ) and given I had been previously been approved for six months of deferment. This actual time of 36 months of payments made Breach of Contract issue # 5- No oral changes are binding Changes were made affecting my contract binding the terms breaching my agreement altogether. Breach of contract issue # 6- No disclosure before, during, or after for monthly charges going 100 % toward interest while not fully paying for undisclosed interest but line item disclosure for ongoing additional unpaid interest, NO carry-over unpaid remaining amount appeared on subsequent billing invoices as a line item say like for instance {$29.00} unpaid interest from XX/XX/XXXX, XX/XX/XXXX full payment listed= total due. Subsequently when reviewing the payments it appears, that at least 6 payments were affected, undisclosed, and to this date undocumented in printed requested payment history on or around ( # 1 ) XX/XX/XXXX, ( # 2 ) XX/XX/XXXX, ( # 3 ) XX/XX/XXXX, ( # 4 ) XX/XX/XXXX, ( # 5 ) XXXX when i received my new statement, but still no payment history as promised, said sequestered payments from my principal payment schedule per a normal amortization schedule. Breach of contract issued # 7- Monthly statements which suddenly changed my 36 payments remaining to 49 payments remaining???, Considering deferment for 6 months only, my scheduled cost is actually reading as 13 additional months, this13 months in error, or your suggesting the binding changes that I did not sign, are {$11000.00} in addition to my original sales contract.GM FINANCIAL on its own accord embezzled Additional costs, No such agreement was made, its pure fabrication. At his time, We demand that due to the Breached agreement and subsequent breaches the full loan be paid off in full by GM Financial as the result of the compound abusive regarding said breach ( s ) of contract issues to date and GM financial 's gross and anticipatory negligence. After exhausting efforts to talk with every available customer service agent for over two months, including but not limited to the collection department supervisors, senior supervisors, to resolve this matter I finally was able to talk with XXXX XXXX who advised me to put my griences in writing to the attorneys after reviewing the contract documents in question. Since this contract is still within the first 48 months, We have made payment equalling 36 installments= {$32000.00} We demand full payoff by GM financial of {$39000.00} at this time While simultaneously crediting {$6800.00} is our demand for the damages occured as the result of the breach ( s ). Thereby full ownership of said vehicle is assumed by XXXX XXXX XXXX and GM financial will release said title, unfettered within 30 days along with notarized settlement offer of acceptance on GM Financial letterhead to avoid further litigation on this matter. GM financial has collected 82.4 % of the financed amount and has lost very little in this settlement offer. We have filed paperwork with, the DMV, CFPB, XXXX and will additionally be filing a case with County of XXXX XXXX, the jurisdiction in which the sale was approved in 30 days from todays date for Fraud, Gross Negligence, & Breach of contract within 48 months of execution. Unless we can come to a mutual settlement agreement at this time. Reach out to me to discuss said matter at XXXX XXXX. Cordially, XXXX XXXX XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-04-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-24
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: GM Financial is still reporting a negative balance and account on my credit. I settled this debt with the company collecting on their behalf, in XX/XX/2018. GM Financials attorney Contacted me when I was attempting to settle said that GM advised me to call them and she gave me their number : XXXX. I called them and they told me an outside agency named XXXX is collecting on the debt now. Their number is XXXX - GM account number XXXX. I called that company On XX/XX/2018 I settled the debt for {$1500.00}. It was paid and they advised me that the account was a XXXX balance. Now they won't return my calls and GM is still reporting on credit. I have contacted my attorney and the next correspondence will be from him if they do not fix this issue.
Company Response:
State: UT
Zip: 84721
Submitted Via: Web
Date Sent: 2018-04-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-23
Issue: Problems at the end of the loan or lease
Subissue: Problem related to refinancing
Consumer Complaint: On XX/XX/2018 I Purchased a new XXXX XXXX XXXX from XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, XXXX, GA XXXX XXXX. They packed GAP insurance in the contract after I advised them four times that I didn't want it. The GAP insurance was purchased through XXXX. I contacted XXXX and cancelled the coverage several days after purchasing the car. On XX/XX/2018 I called XXXX to see where my refund was and they informed me that they sent an electronic payment/refund to XXXX XXXX XXXX on XX/XX/2018. I called the dealer that same day and I was told that they overlooked processing my refund and that they would process that refund immediately. Their accounting office said that they would send a check to GM Financial. That was almost three ago and I am being informed today by GM Financial that they haven't received a check yet from XXXX XXXX XXXX.
Company Response:
State: AL
Zip: 360XX
Submitted Via: Web
Date Sent: 2018-04-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-23
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX These are the dates this Finance Company check my credit without my permission. Ive reached out to this company multiple times with no luck. This is a auto finance company, I have not given anyone my permission to finance anything with my credit nor have I applied for any finance loans. Ive been back and forward with the credit bureaus working on my credit fraud case. So Im contacting this company directly to have these inquiries removed and or deleted off of my report.
Company Response:
State: GA
Zip: 30044
Submitted Via: Web
Date Sent: 2018-04-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My wallet was stolen and my identity was stolen I didnt get a car with GM Financial
Company Response:
State: IN
Zip: 461XX
Submitted Via: Web
Date Sent: 2018-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-21
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: GM financial refuses to release our lien. On XX/XX/XXXX, I sent proof of the cleared check and copies of my bank statement to GM. I was assured our lien would be electronically released XX/XX/XXXX. My husband went to the DMV XX/XX/XXXX, they stated the lien had not been released. My husband 's contacted GM and they stated our payoff was reversed. We supplied for the second time, that the check had cleared our bank and provided statements for a second time. They stated that they received notification from my bank saying the check was not good. I work at the bank. I have proof the check was endorsed by thier institution, processed through thier bank and cleared my financial as PAID on the XX/XX/XXXX. We contacted GM again on XX/XX/XXXX and they refuse to provide answers because they don't make the decisions in " this department '' we have talked to a dozen people since Thursday XX/XX/XXXX trying to figure everything out. The automated system says our loan is paid in full and the title was released on XX/XX/XXXX however they will not tell us why they are refusing to release the lien. We have provided PROOF 3 days in a row that the check is paid. We have contacted the company, and are just short of filing legal action against the company if this does not get resolved. Attached is proof for the 4th time that the check had cleared and my bank statement showing the transaction for the withdrawal of said check.
Company Response:
State: WI
Zip: 54914
Submitted Via: Web
Date Sent: 2018-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-21
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I did not apply to the following places for a vehicle. I have contacted each one and they said they can't do anything about it, and they blow me off like it's my problem, when they are the ones who looked up my credit. But it shows a negative on my credit report because all these finance companies checked my credit report. I don't live in XXXX. The only two states I have lived in for the last 30 years is XXXX and XXXX XXXX. I have not looked for a car finance company at all. If I did, I would go straight to XXXX, where I know I can get it financed. XXXX XXXX XXXX, TX XXXX ( XXXX ) XXXX XXXX XXXX XXXX, TX XXXX ( XXXX ) XXXX XXXX XXXX XXXX, TX XXXX ( XXXX ) XXXX
Company Response:
State: HI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-04-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-20
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Credit Report Inquiry Made Without My Permission
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2018-04-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-20
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: XX/XX/XXXX, GM Financial, received a check for the pay off for my vehicle. Stated that they needed 48 hours to process a pay-off letter after the check cleared the bank. Let them know that I needed this letter just as soon as possible as I am trying to purchase a home and my mortgage broker needs it. A week passes by and I call to get said letter. Stated I would have it in 2 hours. Call that evening, stated that I was told wrong and they needed another 48 hours. Call daily for the next week with the same story. Then I am told that they can not send me a letter via email ( I was never told this they kept telling me they would email it over ) because the loan had been closed out. We play phone tag for another week as I am waiting for them to send me said letter via fax. Yesterday, XX/XX/XXXX, I called and was told that every one of those requests were DENIED because I had to wait 30 days until the check was past the timing that a check holder could cancel the check. Stated that on XX/XX/XXXX I would be able to get the letter. I called XX/XX/XXXX and they stated that they were now waiting on title paperwork on this vehicle. My point is, this is the absolute WORST customer service. No one knows their regulations, rules or what-have-you. This is the biggest disaster I have ever seen in my life and if I had done my research before I accepted a loan with GM Financial- I would have ran.
Company Response:
State: GA
Zip: 30115
Submitted Via: Web
Date Sent: 2018-04-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-04-19
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I purchased a car from XXXX XXXX XXXX I back in XX/XX/2011 and it was financed with GM Financial. I am XXXX XXXX military and during the course of the loan i have XXXX 5 times and have been able to get no real assistance with GM. I was told i have military benefits applied to my account and i do not believe that to be true. During the outage i have not received any statements nor was i able to speak to customer service. The phones would ring busy or agents would answer to state the systems were down. Finally after my wife reached a rep in XX/XX/XXXX i was told no information would be reported for the months the system was down because customers were unable to make payments. I will soon be in the process to purchase a home and now after not reporting for 6 months GM Financial places 6 months of negative history on my credit reports. Phone reps said they didnt know when they would round and when my wife chatted with only they said they would make a request to update for XX/XX/XXXX. This has been a stressful process and could potential affect my military clearance and my home buying process.
Company Response:
State: FL
Zip: 32547
Submitted Via: Web
Date Sent: 2018-04-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A