Date Received: 2021-12-25
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: GM Financial was unable to locate my account for payment over the phone on multiple inquiries during the coronavirus pandemic. They could not take a payment over the phone, and there was no way to make a payment online, as the account would not show up on their system. No mail was sent to our home with a billing statement, and there was absolutely no way to pay the account during the period in question. The balance was a result of taxes paid to the town on my behalf, by GM Financial, and I was never provided detail on what that balance was, or how to pay it. We contacted GM financial over 20 different times to pay this balance during XXXX, with no reply. They eventually reported this negatively as you can see in the screenshot in XXXX of XXXX. The balance was ultimately paid to GM when I purchased a new vehicle and traded in the lease, but this was the only way to settle the balance.
Company Response:
State: CT
Zip: 06611
Submitted Via: Web
Date Sent: 2021-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-25
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: On XXXX XXXX, 2021, XXXX XXXX XXXX of GM Financial received letter as evidenced by Certified Mail tracking # XXXX requesting to have the accountant prepare and file FEDERAL TAX FORM 1099 OID to cover the eligible issues and forensic accounting, corresponding to FinCEN Form 101, " Suspicious activity report '' for the alleged vehicle loan. As of today I still have not received any documents or direct mail response to my request. On XXXX XXXX, 2021, XXXX XXXX XXXX of GM Financial received letter as evidenced by Certified Mail tracking # XXXX informing the XXXX that the claim of {$23000.00} is DISPUTED since no response was received. XXXX XXXX XXXX of GM Financial was also informed that I'm more than willing to settle any financial obligation I might rightfully owe, as soon as I have received 5 specific pieces of documentary evidence to validate the alleged debt owed. ( Please see attachments ) As of today I still have not received any documents or direct mail response to my request. On XXXX XXXX, I received a letter dated XXXX 2021 from GM Financial Title Notice Of DEFAULT , RIGHT TO CURE, AND INTENT TO ACCELERATE, which I found to be very threatening, abusive, obscene and profane language and intimidating consequences to coerce payment of the alleged debt which has not been validated in accordance with FDCPA & FCRA. ( Please see attachments ) Such correspondence is direct violation to 15 USC 1692d ( 1 ), ( 2 ), and ( 4 ). Then there's also violations to 15 USC 1692e ( 2 ) ( A ), ( 4 ), ( 5 ), ( 6 ) ( A ) ( B ) and ( 11 ) for failing to disclose that the communication is from a debt collector. Each stated above violation carries a civil liability of {$1000.00}. As of today, XXXX XXXX XXXX of GM Financial has not provided me with any requested validated documentary evidence of proof of the alleged debt. Such action or lack thereof is a direct violation of 15 USC 1692g ( a ) ( 1-5 ) ( Please see attachments )
Company Response:
State: TX
Zip: 75154
Submitted Via: Web
Date Sent: 2021-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-25
Issue: Problem when making payments
Subissue:
Consumer Complaint: I, the consumer and natural man entered a consumer credit transaction XX/XX/XXXX for the purchase of a XXXX XXXX XXXX XXXX from the seller, XXXX XXXX and assignee, GM Financial. Upon careful review of the Retail Installment Sales Contract and Purchase Money Security Agreement I have notice multiple billing errors. In regards to actions taken pertaining to this transaction, as of XX/XX/XXXX and by way of certified mail, I have exercised my Right of Rescission via a written notice and notarized affidavit of truth to the seller, XXXX XXXX XXXX XXXX. Though XXXX XXXX has communicated with GM Financial since the reception of my affidavit and notice, no action has been taken by XXXX XXXX or GM Financial to cure. In addition to, I have not yet taken written action against GM Financial, as XXXX XXXX had an opportunity to cure and did not respond to my notarized affidavit or notice of rescission with a notarized rebuttal, nor accept my offer to tender within 20 calendar days with respect to 12 C.F.R. 1026.23. Specific to the billing error, I have expressed violations under Regulation Z ( TILA ), FDCPA and FTC Act. Finance Charge : {$7700.00} Amount Financed : {$17000.00} Number of Payments : 72 Amount of Payments : {$340.00} Itemization of Amount Financed : Total Cash Price : {$21000.00} Dealer Documentary Fee : {$340.00} Other ( Etch ) : {$290.00} Payments made on my behalf to Public Officials for official fees : {$390.00} Down Payment : {$6000.00} GAP : {$790.00} ( Claim of ) unpaid balance : {$16000.00} Under 12 C.F.R. 1026.13, I have noticed multiple billing errors in the Truth-in-Lending disclosures section of the Retail Installment Sales Contract and Purchase Money Security Agreement. The first being the number of payments as well as the amount of payments seems to be inaccurate on the Payment Schedule. With the support of all terms defined under 16 C.F.R. 433.1 and its specific definition under 16 C.F.R. 433.1 ( d ) which describes a purchase money loan in regards to the Truth-in-Lending disclosure is defined as ; A cash advance which is received in return for a finance charge within the meaning of the truth in lending act and Regulation Z, which is applied, in whole or substantial part, to purchase goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract or business arrangement. Under Regulation Z, also known as truth-in-lending, the itemization of payments should mirror the finance charge amount as it is the dollar amount the credit will cost me. As another reference to the finance charge, 15 U.S.C. 1605 ( a ) states : the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. With this understanding in reference to myself as a consumer, a consumer during such a transaction is subject to pay the finance charge, billed at a deferred date. However, if the finance charges are paid at the time of the purchase money agreement, there is no further agreement or obligation to pay. Itemized in error is the finance charges and that which is to be paid by the consumer. With consideration to UCC 9-103 and the official comments in part, which state : The concept of purchase money security interest requires a close nexus between the acquisition of collateral and the secured obligation. Thus, a security interest does not qualify as a purchase-money security interest if a debtor acquires property on unsecured credit and subsequently creates the security interest to secure the purchase price. Pursuant to 12 C.F.R. 1026.13, the next billing error can be seen on the amount of credit provided to me or on my behalf ( {$17000.00} ). There is no authorized representative other than the appointed attorney-in-fact by the consumer to receive any credits on behalf of the consumer-in-fact. These billing errors may be assumed to be furnished with wilful intent on misleading and/or deceiving the consumer of the character/amount of any debt ; 15 U.S.C. 1692e.
Company Response:
State: AZ
Zip: 851XX
Submitted Via: Web
Date Sent: 2021-12-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-23
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I had a auto loan with GM Financial that was paid in full. The company quoted the full amount then months later contacted me stating the amount that was quoted was wrong after the check was submitted. I had no recollection until months later. I then paid the remaining balance. The results of their error caused me multiple late fees and for GM Financial to report a repossession which never happened and I still have my car. I reached out multiple times disputing this error requesting they remove it from my credit report to no avail. I need assist with correcting this error.
Company Response:
State: NJ
Zip: 08611
Submitted Via: Web
Date Sent: 2021-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: This is XXXX XXXX, who is submitting this CFPB complaint myself. GM FINANCIAL is reporting late as reported in my 3 Credit Bureaus. Lets correct this immediately. The Bureaus are required to verify for themselves, but they failed to neither verify nor update me about these complaints. ( GM FINANCIAL XXXX )
Company Response:
State: CA
Zip: 936XX
Submitted Via: Web
Date Sent: 2022-01-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XX/XX/21 we were approved for an auto loan XXXX XXXX XXXX XXXX XXXX XXXX The XXXX XXXX XXXX XXXX XXXX knew we were prequalified for the auto loan. Made many attempts at asking us to finance through them we strong advised we were NOT interested. He slammed his highlighter to the table and broke it. Now we have a letter from XXXX XXXX advising a credit check. So, I pulled our XXXX XXXX report and learned he ran us through XXXX unauthorized hard inquiries on XX/XX/21, as follows : XXXX ) GM Financial XXXX # Pending XXXX ) XXXX XXXX Ref # XXXX XXXX ) XXXX XXXX XXXX Ref # Pending
Company Response:
State: CA
Zip: 91775
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-20
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: GM financial reported to the three major credit credit bureaus that my auto lease was a charge off. During my installment auto lease, I never paid late. All payments was made via my GM Financial online account. Paperless. After my lease ending I checked my balance online several times. My online balance showed a zero ( 0 ) amount. Several months later I received a call from GM financial collections stating I had an outstanding balance of {$1100.00}. I explained to the representative that I was not going to make a payment when # 1. My online account balance showed a zero owed amount and # 2. I had no clue what the {$1100.00} was for? The representative said they would send me the information in the mail. I never received ANY correspondence from GM financial via the mail, during or after my lease. Remember, I have a paperless bill account. A few months later I tried to apply for a new credit card and I was denied. So I pulled my credit report and to my surprise, I have a negative mark on my report for this lease. When I contacted GM financial, they explained that the {$1100.00} was for my lease disposition fee and excessive wear on my tires. I explained that I had an insurance policy purchased at the time of my lease to cover any excessive wear. When the representative looked up my account they confirmed that I indeed had a policy. They said the GM financial had made an error and only billed the Insurance company {$85.00} and they would take care of it. At this time I still had an issue with regards to the disposition fee. I explained I never received any notification of a balance for the disposition fee. As it turns out I am correct. GM financial sent the bill to a old address which I had to lived in over two years. When I asked why the fee did not show on my online account balance, they said they only mail these bills. Remember, I have a paperless payment account!!! So I paid the disposition fee. Now, today XX/XX/21, My credit report still shows an outstanding balance of {$500.00}, late payments and a charge off. XXXX refuses to remove this negative mark from my credit report. So I have an issue with XXXX and GM Financial XXXX case # XXXX GM Financial account # XXXX
Company Response:
State: FL
Zip: 33803
Submitted Via: Web
Date Sent: 2021-12-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Please be apprised that Gm Financial, XXXX, XXXX XXXX XXXX are in direct violation of the Fair Debt Collections Practices Act. In my opinion you have violated my rights by : 1. Failing to validate a debt as allowed to the debtor under 15 USC 1692 ( g ) Section 809 ( b ) 2. Harassment of alleged debtor under the " abuse & harassment '' subsection of the statute, USC 1692 ( g ) Section 806 ( 5 ) On XXXX XXXX 2021, I sent by certified mail ( receipt number : XXXX XXXX XXXX XXXX, a request for your office to provide me with proof and evidence of the debt you alleged I owed. Gm Financial proceeded to completely ignore my validation & continue to report an unverified and disputable debt to the credit bureau causing damage to my character. You also failed to validate a debt at my request, which is a FDCPA violation and you continued to report a disputed debt to the Credit Bureaus : another FCRA violation. Everyone is entitled to a validation. In my certified letter that I sent on XX/XX/XXXX I kindly asked for : 1. What the money you say I owe is for 2. Explain and show me how you calculated what you say I owe ; 3. Provide me with copies of any papers that show I agreed to pay what you say I owe ; 4. Provide a verification or copy of any judgment if applicable ; 5. Identify the original creditor ; 6. Prove the Statute of Limitations has not expired on this account ; 7. Show me that you are licensed to collect in my state ; and 8. Provide me with your license numbers and Registered Agent. You may wish to familiarize yourself with what is required when validating a debt. Your business had more than enough time to perform a proper investigation, the 30day mark has come and gone therefore this unverifiable account should be removed from my credit report. There is no question that you willfully violated my rights and that I could bring charges against you immediately. However, I am assuming this has been a terrible mistake on your part and that you will take appropriate steps to enlighten yourself and your staff of such dangerous actions. XXXX, XXXX and XXXX I would also like to know why is there a Two-year payment history reporting on this charge-off account? This account should be removed immediately due to the fact that there are late payments after a closed date. You are in violation continuing to report. I will also be checking my credit report to see if you corrected the errors by simply removing this unverifiable account from my credit profile permanently from all 3 bureaus. I must remind you again to not contact me in any way via phone or mail in reference to collecting If I receive anything other than absolute removal of the account from my report, I will assume you are harassing me, and I will take action against you for these continued violations and abuse. As you may be aware, " Estoppel by Silence '' legally means that you had a duty to speak but failed to do so therefore within the 30day period, that must mean you agree with me that this debt is false. I will use the XXXX in my defense. Thank you for your time * In this complaint accompanies proof of my certified receipt, Validation and my credit report showing the illegal payment history reporting on a closed account.
Company Response:
State: PA
Zip: 19111
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-17
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: Under the Laws of Commerce, An Unrebutted Affidavit Stands as Truth. I'm writing this complaint to address that GM Financial has not rebutted the Affidavit I have sent them. I have already filed a CFPB complaint they responded with documents that only support my claim. The four essentials of a lawful binding contract is 1. full disclosure - I was not told that I was actually creating the credit with my wet ink signature. 2. equal consideration - gm financial brought nothing of value to the table and so they had nothing to lose. 3. lawful terms and conditions - the conditions of the contract with gm financial were based on fraud. 4 the wet ink signature of both parties. The loan form does not constitute a contract as it is only signed by one of the parties which is myself. They have failed to produce a contract that is signed by both parties. a loan agreement is a contract and so there has to be full disclosure and there was not. both parties have to put up something of equal value which didn't happen. pursuant to 15 usc 1635f I have exercised my right to rescind within the 3 year time period that bureau allows. Federal law overrides any opinion of any representative of gm financial or state law. They are accusing me of a debt relief scheme but I am a federally protected consumer exercising my rights. GM Financial should have rebutted the Affidavit. They are making up stories and trying to avoid the facts and federal law. Gm Financial is in violation of 18 USC 242, 18 USC 241, 15 USC 1692g, 15 USC 1635, 15 USC 1692j ( a ), 15 USC 1692e ( 2 ) ( A ), 15 USC 1602 ( p ), 15 usc 1692e ( 11 ). 15 usc 6802 ( b ), 15 usc 1692d ( 5 ), 15 usc 1692b ( 2 ), I have uploaded all the paper showing proof of what i am saying today.
Company Response:
State: GA
Zip: 30122
Submitted Via: Web
Date Sent: 2021-12-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-16
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am in the process of auditing my personal credit file and finances for the upcoming tax season. I started with my XXXX and XXXX credit reports. I submitted a request directly to GM Financial. I requested the full accounting and account validation documents to verify the establishment and details of this account. By Federal FCRA and UCC Law, this action is considered to be an account verification request or full accounting. This was a formal notice. The trade line that GM Financial has attached to my credit file has been reported with a negative payment history, and multiple lines of inaccurate, incomplete and unverifiable data points in which I contested. I requested validation, made pursuant to the Fair Debt Collections Practices Act and the Fair Credit Reporting Act along with the corresponding local state laws. GM Financial responded with a letter that did not include any of the requested items that would solidify their claim of indefinite account placement and ownership. GM Financial failed to conduct an investigation. In fact, their actions, and inaction did not only violate the FCRA reporting laws, GM Financial, as the furnisher did not validate or remove the account. Instead, they responded with contradictory information that has no relevance to my request. They also never reported to the credit bureaus that the account was in dispute. These are violations of FCRA -15 U.S Code S1692g-Validation Of Debts, & 1681s-2 ( b ) -Obligations To Investigate, as well as FCRA S611 ( 15 U.S.C S 1681 ) -Procedure In Case of Disputed Accuracy. GM Financial failed to properly investigate the dispute of the reporting of inaccurate and unverified information; failed to remove the account after not validating or responding with the " full accounting '' upon request. GM Financial has failed to establish or follow reasonable procedures to assure maximum possible accuracy in the reporting of their falsified credit entry. The above mentioned violations are remedied in the civil courts by substantial fines, for FCRA non-compliance, court costs and actual and punitive damages. A paralegal by name of XXXX XXXX from the Law firm XXXX XXXX XXXX that represents GM Financial in the FCRA civil case of XXXX XXXX vs Americredit called me and offered me {$500.00} to drop the case and yet still allow them to violate the FCRA by continually reporting the account to my credit file. She stated " We don't need to respond with account validating evidence nor full accounting because it looks like and we have reason to believe that it is yours ''. I've been declined for over {$20000.00} of funding due to GM Financials negligence. They treat me like I'm some stupid person that shouldn't care about his life and credit background. They could care less for consumer protection law, so they attempt to try to get me not to care. It's blatantly obvious. Full accounting should include : state & USPS verified proof of my address that matches that of your credit application and installment contract, a copy of my state issued driver 's license or state ID that will bear a signature that matches with any relevant applications signatures for credit ; showing that I have ( or have ever had ) a contractual obligation to pay you. You must provide GAP coverage application, provide proof of acceptance or decline of GAP coverage, GM Financial bank statement referencing account # XXXX. By law, your are required to provide in your response, the power of attorney document ( for collateral ownership transfer ), and the full accounting and billing statements. You must also provide to me the bill of sale, any documentation of any transfer of the collateral that is attached to the credit entry that you report to my credit file ; including but not limited to, payoff receipt, title and/or ownership transfer documents including signatures of authorization, and odometer disclosure document ; names, addresses, emails and phone numbers of the individuals you spoke with so that I would be able to follow up.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A