Date Received: 2023-03-03
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: I am constantly being harassed with letters and phone calls from GM Financial in regards to an auto loan that was cleared in a XXXX XXXX bankruptcy back in XXXX. The company has made false claims against my credit reports now reporting false information to the IRS. My XXXX XXXX bankruptcy was approved and all debt was wiped away but this company is till sending me letters and I have even informed them of the XXXX XXXX bankruptcy, but they're still sending me debt collection letters to this day. Back in XX/XX/XXXX, I've send the company a cease to desist letter and to reach out to my attorney for any further communication and information and yet to this day XX/XX/XXXX i just received another letter from them. I'm currently working with my attorney to stop the harassment and as this is too much and wrong. Please assist with this complaint.
Company Response:
State: MD
Zip: 20706
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-03
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This is a direct violation of my rights 15 USC 1681. NO AUTHORIZATION OR CONSENT WAS GIVEN BY ME TO GIVE Credence ACCESS TO MY REPORT OR TO FURNISH INFORMATION ON MY REPORT Your company is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( b ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish this on my credit report? Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Delete the above late payments from my consumer report, this agency is in violation of 15 USC 1681. Failure to respond satisfactorily with deletion of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 5. Defamation of Character ( per se ) 6. Negligent Enablement of Identity Fraud 7. Fair Debt Collections Practices Act 15 USC 1692g violations 8. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Copy of link to Law Attached XXXX XXXX XXXX XXXX XXXX violations under the 15 us code 1681 and 15 us code 1681b ( FCRA ). The law clearly states the following 15 USC 1681b ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Meaning that if you do not have or have not gotten any written instructions from me ( THE CONSUMER ) to furnish an account on my report. It should not be there. That is a violation. I never gave written instructions to furnish any of the following accounts. Secondly according to the 15 USC 1681.The law clearly states. Accuracy and fairness of credit reporting. The Congress makes the following findings : The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. The following accounts are inaccurate and are in clear violation of my privacy. Which is a violation of the law. This is embarrassing and damaging to my reputation as a consumer. As the consumer I demand the following accounts be DELETED from my credit report immediately.
Company Response:
State: TX
Zip: 79701
Submitted Via: Web
Date Sent: 2023-03-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: On XX/XX/2023 a inquiry from this company ( s ) was pulled from my credit without my notice or authorization. I did not apply for anything with these company ( s ), I believe I was a victim of fraudulent activity. These unauthorized inquiries have negatively affected my XXXX XXXX and my ability to acquire credit. I need these false items removed from my credit report as soon a possible.
Company Response:
State: NY
Zip: 10467
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I sent GM Financial a letter requesting all documents regarding the account that they are reporting on my consumer reports. XXXX XXXX XXXX XXXX XXXX Its been over 30 days and they havent sent anything and still reporting this account on my credit reports. By law they have to send me documents regarding the repo and they didnt. This is a violation and they can not report this account Im demanding GM Financial delete this account for failing to provide proper notices and documents per my request.
Company Response:
State: TX
Zip: 77021
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-02
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Americredit Financial DBA GM Financial commit a fraud by reporting a debt that I did not sign with them. They Should stop reporting their name and account in my credit report I don't owe GM Financial anything. As a XXXX individual with long History of XXXX, and XXXX, not to mention my race, and age. I would like to ask GM Financial to stop using my credit for their own benefit. And stop violation of my privacy. I am XXXXXXXX XXXX father XXXX and GM Financial can not take advantage of my country of origin to violate my civil rights and human rights. This harassment and persecution have to stop. My credit is taking an enormous toll.
Company Response:
State: ME
Zip: 04103
Submitted Via: Web
Date Sent: 2023-03-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit reporting act XXXX Account # XXXX, has violated my rights. 15 USC 1681 section 602 states i have the right to privacy. 15 USC1681 section 604 A section 2 : It also states that consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: OH
Zip: 440XX
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-01
Issue: Managing the loan or lease
Subissue: Problem with the interest rate
Consumer Complaint: XX/XX/XXXX I was forced to get a new auto after being in an auto accident that I had not caused. After struggles with the auto that was totaled and dealing with the insurance I had to find a new lender until this was addressed. The outstanding loan caused problems obtaining a new loan. I was placed in what I was told was a high interest rate loan XXXX at 72 months. The loan was for XXXX after I put down XXXX to reduce the cost and total of the loan. While reviewing my credit and trying to work out all of my debt I saw that the loan balance was not really moving. I then began doing the math to calculate everything and found that I am not paying 14.65 % interest on what was borrowed in the simple loan. At the end of this loan I will have paid almost XXXX in interest. While I understand based on the facts they saw in numbers when I took out this loan. I am struggling to understand how they can legally take advantage of people in such a way. I never needed a 72 month loan. The dealership said this was the only way to reduce the payment to an " affordable '' {$400.00} per month. When a person makes about {$2200.00} a month {$400.00} is already not affordable. I have had a few late payments due to the inability to afford this with other costs but have also paid XXXX monthly to try and boost my credit and get the balance down. The balance is barely moving! The only reason they had me in a 72 month loan was to enable them to make more profit from my situation. It wasn't enough that I had to accept a high interest rate but to drag out the loan and have me pay them about 49 % additional on the amount I borrowed is beyond disturbing. The only reason a company would charge such a high interest rate of XXXX and then drag out the loan is to steal money. 14.65 % means absolutely nothing on this paperwork to the average person who knows nothing about a loan when at the end of the terms they are actually charging 49 %. Even if I can't do anything to help my situation this has to stop! People already having a tough time are already placed in higher rates for everything. Why would you set them up to fail? This enables them to keep all money that was paid into the loan and then also take back the property and sell it to someone else in another horrible loan. I called the dealership yesterday XXXX of XXXX PA and they offered no explanation ad said my issue is with the lender not them. Today XX/XX/XXXX I called GM financial XXXX who offered to do nothing but send me the paperwork to show that the loan is accurate. I realize some of this message is emotional and personal but these things that are happening with lenders is causing mental, emotional and physical trauma to people and families. This is robbery from a business and financial institution who are counting on the fact that average person won't understand the verbiage of the contract and the 14.65 % rate that they list and means ABSOLUTELY NOTHING. 14.65 % interest is NOT what I am paying and responsible for its nearly 49 % interest. GM Financial should be ashamed and so should the dealership for allowing this to take place to fill their pockets. Not to mention that the car has had nothing but issues since I purchased it in XXXX. I can't sell it to even try and escape the loan because of the amount that remains open I'd be lucky to get XXXX towards the purchase of a new vehicle. I intend to find as many people and places to reach out and address this until it's addressed. Since understanding what this loan is all about I have been researching and finding that this seems to be common practice. This should not happen and can not go on any longer. I hope that you will understand the details I have listed and help at the least keep others from having this happen to them.
Company Response:
State: PA
Zip: 19460
Submitted Via: Web
Date Sent: 2023-03-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-27
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I BORROWED {$34000.00} FROM GM FINANCIAL ON XXXX GM HAS SENT ME A LETTER STATING MY LOAN TERM IS 61 MONTHS. HOWEVER, MY LOAN TERM IS 60 MONTHS PER CONTRACT EXECUTED. GM HAS NOT RESPONSED TO MY COMPLAINT ON THIS MATTER AND IS ATTEMPTING TO OVERSHARGE ME BY 1 MONTHLY PAYMENT. I WOULD LIKE THIS RESOLVED ASAP BY GM AND EXPLANATION FOR THIS ERROR. I ALSO CONTACTED TH DELAER WHO DID NOT RESPOND TO MY ISSUE!
Company Response:
State: FL
Zip: 32246
Submitted Via: Web
Date Sent: 2023-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-28
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: GM FINANCIAL violated 15 usc 1601 ( a ) uninformed use of credit under truth in lending act. Also violated 15 usc 1692f ( 6 ) which states taking any nonjudicial action to effect dispossession or disablement of property. Also violated 15 usc 6802 which states a financial may not disclose nonpublic personal information to a nonaffiliated third party. Also violated 15 usc1681 section 602 A. states I have the right to privacy.
Company Response:
State: TX
Zip: 78577
Submitted Via: Web
Date Sent: 2023-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-24
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I have Sent dozens of letters and maid hundreds of phone calls. ive sent multiple Letters to the creditor and they have not abided by what ive requested. They have also violated my CONSUMER LAW because they never gave me the option to OPT OUT from reporting this information to a third party! 15 U.S. Code 6802b GM FINANCIAL account number - XXXX. Date opened : XX/XX/2016 via XXXX Please DELETE ACCOUNT!
Company Response:
State: FL
Zip: 33127
Submitted Via: Web
Date Sent: 2023-02-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A