Date Received: 2021-10-22
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I had a car loan with GM Financial, I sent the payoff check # XXXX CHK # XXXX in the amount of {$17000.00} in XXXX. The payment was received by XXXX XXXX who is a GM Financial employee on XX/XX/XXXX. The company misplaced the check and placed a 30-day late payment on my credit report. I sent a letter asking them to update the late payment and they closed the account with a 30-day late payment. I have the emails and transaction numbers with proof of the mishandling of the payment.
Company Response:
State: CA
Zip: 92374
Submitted Via: Web
Date Sent: 2021-10-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-21
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: I performed a one pay lease for the entire 36 month lease term ( e.g., pay the entire lease upfront ). However, GM/GM Financial does not properly calculate the Rent Charge/Interest due under the lease. In essence, GM Financial charges interest on the down payment, which results in paying interest on money that isn't actually loaned. The formula to determine the Rent Charge is : ( Adjusted Cap Cost + the Residual Value ) * the Money Factor * 36 ( 36 = the number of months in the term ). In my case, the total should have been approximately {$3400.00} ( XXXX ) XXXX. GM calculated approximately {$4900.00}, which was due to failing to take into account the cash down on the transaction. Here is GM 's calculation ( XXXX ) XXXX. GM 's failure to properly calculate the lease resulted in me being overcharged interest of approximately {$1400.00}. I've requested a refund from GM Financial, but the customer service representative didn't really understand how to calculate a lease or have any idea what I was talking about, so he was unable to help with the transaction. He told me that he would have someone call me, but no one ever called.
Company Response:
State: NC
Zip: 28211
Submitted Via: Web
Date Sent: 2021-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-21
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Please remove all accounts listed, my information was compromised in a XXXX XXXX. This debt has not been validated.
Company Response:
State: CA
Zip: 90015
Submitted Via: Web
Date Sent: 2021-10-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Please remove all accounts listed, my information was compromised in a Data Breach. This debt has not been validated.
Company Response:
State: FL
Zip: 336XX
Submitted Via: Web
Date Sent: 2021-10-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-18
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Dear Sir or Madam, 1. GM FINANCIAL Account Number:XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me 30 days late on this account in XX/XX/XXXX. I immediately disputed this information with GM FINANCIAL and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/XXXX XXXX : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: OH
Zip: 43224
Submitted Via: Web
Date Sent: 2021-10-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-15
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I was having problems balancing my checking acct. at XXXX XXXXXXXX XXXX. I went to XXXX XXXXXXXX XXXX for help. the XXXX XXXX XXXX finance audit team, investigated my checking acct. that investigation, resulted in GM fin. received two [ 2 ] checks from me. only posted one [ 1 ] to my acct. at GM fin. both of my checks were $ XXXX.the XXXX XXXX XXXXXXXX team , that found the fraudulent {$380.00} charge, advised me, not to make up for the {$380.00} they took from my checking acct. but did not post to my acct. at GM fin. I currently am receiving, 6 to 8 phone calls from GM fin. phone # XXXX. any asst. that your agency might render, would be appreciated. thanking you in advance XXXX XXXX
Company Response:
State: FL
Zip: 33907
Submitted Via: Web
Date Sent: 2021-10-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-14
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I was looking through my report and noticed a vehicle that I returned to the dealership where it's reporting completely incorrect. I had the opportunity to talk to several lawmakers and friends, and learned some basic laws in regards to voluntary or repossession of a vehicle. Under the laws of MASS and UCC 9.506 as well as State RISA and MVISA statutes, a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and cure time limits were adhered to. PLEASE HAVE THEM IMMEDIATELY REMOVE
Company Response:
State: MA
Zip: 02780
Submitted Via: Web
Date Sent: 2021-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-14
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: This is a formal complaint against GM Financial located in XXXX, TX. This company has repeatedly violated my consumer rights under the Fair Credit Reporting Act as well as the Fair Credit Billing Act and has caused me much unnecessary financial AND mental distress. For starters, they're reporting an erroneous & unverifiable account on my credit report and not to mention an account in which I've asked for proof of claim and in which they have not been able to provide, per the FCRA & FCBA. Despite my efforts to resolve this unfortunate nightmare for several months now, GM Financial has completely ignored my communications and legal submissions to remove this inaccurate information from my credit report. I am well aware of several other complaints filed against this company for their illegal and unethical business practices. Yet, somehow, this company is still in business. This company 's unprofessional & negligent behavior has caused lots of serious harm, not only to my ability to establish credit & good interest rates, but also to my character as a Professional and as an individual. Please help me, and the many other consumers just like me, to put a stop to the operation of these unethical & immoral business practices immediately. I sincerely appreciate your time and assistance in this matter and hope to hear from you very soon.
Company Response:
State: TX
Zip: 77449
Submitted Via: Web
Date Sent: 2021-10-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-14
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: On Dates of XX/XX/XXXX and XX/XX/XXXX i sent a letter To Gm Financial regarding inaccurate and uknown things on my credit report. To this day over 60 days later i have not recieved a response yet.i feel like i am being taken advantage of as a consumer. And my dispute is being ignored. 15 U.S. Code 1692e.False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Section 611 ( a ) it plainily states that failure to invesitgate wihtin 30 days gives reason to immediatly remove these items from my credit report.Should be deleted promplty. I demand accounts to be deleted immediatly or i will file for district court claims due to stress and hardship and XXXX data breach i have been impacted aslo in the wrong hands. Remove immedialty
Company Response:
State: SC
Zip: 290XX
Submitted Via: Web
Date Sent: 2021-10-14
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-10-13
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: GM financial has REFUSED to VALIDATE the repossession. Please see attached CERTIFIED letters. It's been over 90 days. This repossession was illegal therefore this should be removed from my credit report. They 1. Ignored me for 60 days. Then 2. Sent me the LOAN DOCUMENTS. I asked for the STATE AND FEDERAL NOTIFICATION LETTERS needed in order to LEGALLY repossession vehicle.
Company Response:
State: TX
Zip: 75243
Submitted Via: Web
Date Sent: 2021-10-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A