Date Received: 2020-06-08
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: To whom it may concern, The DC Code clearly exempts from tax both car sales and leases that occurred by nonresidents prior to establishing residency in the district, most likely in an attempt to avoid double taxation ( as we already paid tax in full elsewhere. ) Thus far you have only referenced the codes below, but clearly have not actually read the text of the code. See below : 1. Regarding the excise tax : My vehicle is currently registered in DC and the MVA did not charge any excise tax upon registration and none was due per their website : " Excise tax ( if there is no change in vehicle ownership ( i.e., you are transferring a vehicle into DC from another jurisdiction ), then no excise tax is due ) '' Link : https : //dmv.dc.gov/page/vehicle-registration-and-title-fee-estimator 2. The two use taxes Ally has wrongly applied are : 472202. Imposition of tax. o There is hereby imposed and there shall be paid by every vendor engaging in business in the District and by every purchaser a tax on the use, storage, or consumption of any tangible personal property and service sold or purchased at retail sale. The rate of tax imposed by this section shall be 6.00 % of the sales price of such tangible personal property and services, except that : ( 3B ) The rate of tax shall be 9.25 % of the gross receipts from the sale of or charges for rental or leasing of rental vehicles and utility trailers as defined in 50-1505.01 472202.01. Tax on gross receipts for transient lodgings or accommodations ; food or drink for immediate consumption ; spirits sold for consumption on premises ; rental vehicles. o A tax, separate from, and in addition to, the taxes imposed pursuant to 47-2202 is imposed on the use, storage, or consumption of certain tangible personal property and services sold or purchased at retail sale in the District. Vendors engaging in the business activities listed in paragraphs ( 1 ) and ( 2 ) of this section and purchasers of the vendors tangible personal property and services shall pay the tax at the following rate : ( 2 ) 1 % of the gross receipts from the sale or charges made for : ( C ) Rental or leasing of rental vehicles and utility trailers as defined in 50-1505.01 ( 8 ) and ( 9 ). 3. A car lease and all subsequent payments is defined as the sale by the DC Code : 472001. ( q ) Sale and selling mean any transaction whereby title or possession, or both, of tangible personal property is or is to be transferred by any means whatsoever, including rental, lease, license, or right to reproduce or use, for a consideration, by a vendor to a purchaser, or any transaction whereby services subject to tax under this chapter are rendered for consideration or are sold to any purchaser by any vendor, and shall include, but not be limited to, any sale at retail as defined in this chapter. Such consideration may be either in the form of a price in money, rights, or property, or by exchange or barter, and may be payable immediately, in the future, or by installments. o Definition in 472001. applies per 472201. ( j ) 4. DC Code clearly exempts retail sales where the property was acquired by a nonresident prior to establishing residency in the district : 472201. ( a ) ( 2 ) The terms retail sale, sale at retail, and sold at retail shall not include the following : o ( C ) Sales of tangible personal property which property was purchased or acquired by a nonresident prior to coming into the District and establishing or maintaining a temporary or permanent residence in the District. As used in this subsection, the word residence means a place in which to reside and does not mean domicile ; My lease was initiated and acquisition occurred prior to moving to and establishing residency in the District of Columbia, therefore, I am not subject to these two taxes. This makes sense as if I had purchased the vehicle instead of leasing we would not owe any excise tax as well. Please PROPERLY REVIEW AND REMOVE the fraudulently applied taxes immediately. Thank you for your prompt assistance in this matter.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DC
Zip: 20009
Submitted Via: Web
Date Sent: 2020-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-08
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I made a payment on XX/XX/XXXX, that payment was for the month of XXXX, I made another payment on XX/XX/XXXX for the month of XXXX, because I was going to be traveling, then I made a payment on XX/XX/XXXX for XXXX, when I check my statement in XXXX I call the company ant told customer service to apply the payment correctly, she said I paid XXXX payment to early but she will take care of it, I have call two more time and they will not change the account. The also are reporting the account as past due to the XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MS
Zip: 389XX
Submitted Via: Web
Date Sent: 2020-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: i dont know how someone got my information but there is erroneous information on my credit profile
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60477
Submitted Via: Web
Date Sent: 2020-06-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My XXXX XXXX journey was in arrears by I think it was around {$1700.00}. A tow truck did come and pick up the car. However, we paid the full amount and received the car back. The car was never repossessed. Ally financial initiated the process, but never went through because we paid the arrears. Now, the car is being reported on my credit report every month, and it showing that I have made absolutely no payments for the year of XXXX. I have tried to fix this with the company to no avail. We still have the car and have been making on time payments since we have received the car back. I have argued with everyone and no one well help me. The balance reported on my credit report is wrong, we have the car and have attached a picture of the balance owed, and that we have the car. I also attached a picture of paying the {$1700.00} to redeem the vehichle.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30040
Submitted Via: Web
Date Sent: 2020-06-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-06
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: i received a letter from XXXX XXXX XXXX stating that my request to investigate was denied because it relates to an inquiry or request for a consumer report i did not allow nor did i accept this company to have access to my credit report. it is showing that i gave permission to said consumer. another account- crescent bank also rejected my dispute to investigate. it shows that i supplied the dealership ( XXXX XXXX XXXX XXXX ) with personal information about my credit report. however, i have never been or inquired information on the vehicle ( XXXX XXXX XXXX ). i did not request or apply for an indirect auto loan. this bank is listed on my credit report TWICE. i didnt accept or authorize XXXX the first time around. ally bank : sent me a letter as well, stating an inquiry through a dealership about a vehicle i tried leasing or financing on. : dated XX/XX/XXXX. vehicle. XXXX XXXX XXXX. i did not, authorize permission. i never tried leasing or financing on said vehicle.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: KS
Zip: 66062
Submitted Via: Web
Date Sent: 2020-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-04
Issue: Managing the loan or lease
Subissue: Problem with additional products or services purchased with the loan
Consumer Complaint: THE MLA WAS VIOLATED THE MLA WAS VIOLATED THE MLA WAS VIOLATED. It should be known I was in the military.Ally financial and XXXX XXXX of XXXX violated the military lending act. I joined the military XXXX XX/XX/XXXX and my contract ends XX/XX/XXXX. The car was purchased in XX/XX/XXXX, therefore I am a covered borrower. Did you notice that she didnt investigate the MLA which was violated. I need to be compensated for all the damages that occurred + XXXX for down payment. In the contract as a military member I was financed XXXX XXXX The XXXX needs to be investigated, also I didnt received any disclosure about the Military Lending act. Please note if this complaint doesnt get resolve after this complaint. I will be contacting the Military JAG and also the Florida Attorneys General XXXX XXXX Under the XXXX version of the interpretation of the Military Lending Act ( MLA ). MLA and Q & A # 2 The MLA prohibits creditors from charging more than a 36 percent military annual percentage rate ( XXXX ) on credit transactions to covered persons. It also, among other requirements and restrictions, prohibits taking the title to a motor vehicle as security for a credit transaction, unless the creditor is a federal or state bank, XXXX XXXX, or XXXX XXXX. However, the MLA exempts several types of transactions from those restrictions, including a credit transaction to finance the purchase of a motor vehicle or other personal property when the credit is secured by that vehicle or property. In addition to regulations, in XXXX the XXXX issued interpretive guidance on the MLA in the form of questions and answers, and amended that guidance in XXXX. XXXX question-and-answer in the XXXX guidance ( Q & A # 2 ) advised that when a lender extends credit in excess of an items purchase price ( such as a hybrid purchase-money and cash-advance loan ), the loan is not exempt from the MLA. Initially, Q & A # 2 was limited to secured personal property loans. However, in the XXXX amendments mentioned above, the XXXX stated that the interpretation applied to secured motor vehicle loans, too. Accordingly, based on the XXXX Q & A # 2, an auto purchase loan that included XXXX XXXX would not be exempt from the MLA or its regulations, unless the lender was a depository institution. Since those loans would be deemed subject to the MLA, they would not only be subject to the 36 % XXXX limitation, but also to the prohibition against securing the transaction with the vehicles title.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 32404
Submitted Via: Web
Date Sent: 2020-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-03
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: My credit report incorrectly shows 3 late payments on my mortgage payments to XXXX XXXX ) XX/XX/2018, XX/XX/2018, XX/XX/2018. I have made these three payments on time. XX/XX/2018 mortgage- Paid XX/XX/2018 ( XXXX account info ) XX/XX/2018 mortgage- Paid XX/XX/2018 ( XXXX account info ) XX/XX/2018 mortgage- Paid XXXX XX/XX/2018 ( XXXX payment history file ) I am attaching both monthly bank statements and XXXX account payment history file ( downloaded from XXXX ).
Company Response:
State: CA
Zip: 95070
Submitted Via: Web
Date Sent: 2020-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-02
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I HAVE FILED A DISPUTE IN REGARDS WITH THE INCORRECT ITEMS ON MY CREDIT REPORT. IT HAS BEEN WELL OVER 30 DAYS & I HAVEN'T RECEIVED ANY INVESTIGATION RESULTS.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: LA
Zip: 714XX
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-02
Issue: Problem with the payoff process at the end of the loan
Subissue:
Consumer Complaint: Paid off my car loan on XX/XX/XXXX. Requested letter of lien release so I could sell the car immediately. This was the reason I paid the car off years early. Was told after the fact that an unexplained 10 day holding period was required by Ally Bank ( not sure why this would be necessary ). No mention of this was made at or during the time of the loan payoff. Had I known this I would not have invested in advertising my car for sale that day. Today is XX/XX/XXXX ( beyond the unexplained 10 day hold ), still no release provided or any communication as to when I will receive it. As a result I am being continually denied the right to freely sell my property. Ally Bank tells me they will only mail or possibly fax a copy of the letter once generated, no email capability or other modern electronic capability exists there to expedite the request. It's as if they still use stage coaches there. As a result of this delay I have lost opportunities to sell the car to interested parties while I wait for Ally Bank to act and fulfill their obligation to release the lien upon payment. I've reached out on a daily basis to Ally Bank via phone and chat to ask for resolution. No process exists according to the phone operators to accommodate or expedite this. Zero care or consideration. I'm prisoner to their antiquated ways.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 48198
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-02
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I had an account with Ally Financial on a vehicle that was totalled. I received an email on XX/XX/XXXX congratulating me on the car being paid off. XX/XX/XXXX I received a letter stating that I still owed {$1800.00} on the vehicle. On XX/XX/XXXX, I received a letter stating the vehicle was paid off. I have been attempting to work with Ally to resolve this issue and get this account cleared, but they have refused to help me and claim that they never sent the payoff letter or email. I see on my payment history where the payoff was made and reversed the same day. I finally received a call from their corporate office over a month later and they acknowledge that they sent the letter and would get back to me. They still haven't gotten back with me and won't answer when I try to call. Now their refusal to resolve this issue is possibly going to cost me my house loan for my family.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OK
Zip: 74820
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A