Date Received: 2021-11-30
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: I EXERCISED MY RIGHTS UNDER 15 USC 1635 a to rescind a consumer transaction that I entered with GM FINANCIAL due to TILA violations. I exercised this right by mail using a certified green receipt on XXXX2021. These documents were received by gm financial on XXXX2021. On XXXX2021 an representative of associates asset recovery stole my property from me outside of my work place. XXXX XXXX XXXX is in violation of 15 USC 1692c ( a ) ( 1 ). They are debt collectors pursuant to 15 USC 1692a ( 6 ). A representative for XXXX XXXX contacted me without my consent or the permission of a court regarding this alleged debt and at an inconvenient time while I was conducting business. I made it clear that I was conducting business and that this was an inconvenient time to contact me and that I do not permit them to contact me regarding this alleged debt but they did not care. I was deprived of my means of transportation and left stranded in the rain and cold. I was forced to catch a XXXX home and cancel all of my plans for the day and week because I now have no means of transportation. 15 usc 1635 b does not mention repossessions. I was deprived of my rights and they conspired against my rights along with GM financial to unlawfully disposes me of my property as exercising my right to rescind.
Company Response:
State: GA
Zip: 30122
Submitted Via: Web
Date Sent: 2021-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-29
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 XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my XXXX 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 XXXX 2021. 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 XXXX ) 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 XXXX 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: TX
Zip: 760XX
Submitted Via: Web
Date Sent: 2021-11-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: To Whom It May Concern : RE : ACCOUNT- XXXX Going over my credit report ( s ), I have found an error. It has come to my attention that you are reporting what I believe to be inaccurate data, which I dispute, and this letter is an appeal for your assistance. See. Account Above. I am writing today because during my quarterly review of my accounts listed on my credit report, I noticed that this account was charged off with XXXX, XXXX, and XXXX. Your company is required by the FDCPA to provide all of the following information this is now fully required by tort law precedent - XXXX XXXX XXXX, XXXX, XXXX & XXXX, XXXX, -- - XXXX XXXX -- - ( XXXX XXXX. XXXX ), XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ). Please supply the information below because I believe that your firms handling of my payment and account information has been negligent and in violation of the Fair and Accurate Credit Transactions Act of 2003 ( 15 U.S.C. chapter. 41, subchapter. I 1601 et seq ). 1. Provide me a copy of the 1099-C that was issued by your company when you charged this debt off with the IRS which is required by law for all debts over {$600.00}. 2. Provide verification and documentation that there is a valid basis for your firms charge-off of this alleged debt. Please provide a copy of the written agreement ( bearing my signature ) that created the requirement to pay and stipulates your terms for a delinquent account ; 3. Provide copy of the last billing statement sent at the time of the transfer or allocation of the goods, services, or money associated with the alleged debt. 4. State the maximum delinquency and when it was charged-off. 5. Provide according to your records when this alleged debt became due and when it became delinquent. Please provide the XXXX personal identifiers associated with this account including full legal name, address of record, date of birth, zip code and Social Security number ( not truncated ). 6. Identify the date of the last payment made on this account and the amount of that payment. 7. Provide how you made a determination on this account within the statute of limitations applicable to it? Provide me when you think the statute of limitations expires for this debt, and how you determined that. 8. Describe in detail your firms charge-off procedures as they apply under the SarbanesOxley Act of 2002 ( Pub.L. 107204, 116 Stat. 74 ). 9. Provide an itemization showing the dates and amount of each added amount If there have been any additional interest, fees, or charges added since the last billing statement. In addition, explain how the added interest, fees or other charges are expressly authorized by the consumer agreement creating the debt or are permitted by law. 10. Provide an itemization showing the dates and amount of each payments or other reductions since the last billing statement, of them and how those reductions or payments were accrued in your firms charge-off procedure. 11. Provide an updated Terms of Service Agreement for this account including specific amended sections and why those sections were changed. 12. Please describe your Credit Bureau Reporting system and the credit reporting mechanism your firm utilizes in regards to XXXX compliance between your firm and your contracted reporting entity ( CRA ). Include a comprehensive explanation of the process and description of who handles the data entry, how that information is transmitted and whether the data entry function is outsourced. If your firm OUTSOURCES your XXXX data-entry provide the name, contact address and location of that firm. 13. Does the responsible data-entry firm or department prescribe to the XXXX XXXX for XXXX XXXX XXXX standards for quality and if so what is the adjunct certification number and date? 14. Please describe how your firm ensures comprehensive accuracy and input of all consumer data into the XXXX format and if there have been any recent issues ( last XXXX XXXXears ) with data consistency or breaches in information transmission quality reported to you under your firms CRB agreement with any Credit Reporting Agency . 15. Based upon information provided by at least XXXX credit reporting agency, the probability of an end trace error in your report concerning the delinquency on this account is very high, therefore, please provide the LAST XXXX Complete METR ) XXXX updates submitted to all three Credit Reporting Agencies on this account ( In XXXX XXXX format including COMPLETE XXXX and XXXX with FULL End-Trace ). 16. If you fail to provide all parts and requests of the information or documentation I have asked for, please stipulate why to each request including the authorized party that is refusing to comply or make such information available. I will understand that you are unable to confirm or document your claims but the reason or motive must be made clear including the responsible party under the tort law precedents of Respondent Superior. If your firm CAN NOT produce ALL of the above noted documentation in the allotted time frame, I will accept a written notification that you are suspending this account status. Said notification must INCLUDE a formal stipulation withdrawing your claim to this consumer account and your firm must note that you WILL not continue reporting the alleged debt or sell this debt. The WRITTEN NOTIFICATION must also be provided to all the major Credit Reporting Agencies ( XXXX XXXX, XXXX, and XXXX ). If you provide such written notification I will agree not to pursue immediate regulatory action and drop any further legal actions. I require a response, on point, in writing ( a statement under penalty of perjury included ), hand signed, and in a timely manner. Your company was put on notice of the enforcement of XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX and that your company will meet all these requirements or face a possible regulatory action leading to the suspension of your operating rights for NON- COMPLIANCE. Your company has XXXX ( XXXX ) days from date received to PRODUCE ALL of the requested documentation of your reporting procedure and standards. If I get a pointless letter from your company, or you company can not, or chooses not to respond to this VALIDATION demand and its conditions I will NOT hesitate to FILE suit and SEEK my own payday against your firm for malicious and inaccurate activities-see XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. Sincerely, XXXX XXXX XXXX : XXXX, XXXX, XXXX
Company Response:
State: MI
Zip: 48076
Submitted Via: Web
Date Sent: 2021-11-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-26
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I mailed a notice of rescission and right to cancel transaction to GM Financial and XXXX XXXX XXXX. XXXX XXXX XXXX required a cash down payment as a condition of loan approval in a financed/credit transaction. I revoked power of attorney, rescinded my signature in the transaction and revoked XXXX XXXX XXXX and GM Financial 's security interest in the vehicle.
Company Response:
State: CA
Zip: 90302
Submitted Via: Web
Date Sent: 2021-11-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( XXXX ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The XXXX XXXX XXXX Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. GM FINANCIAL bal. {$8200.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 75232
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: gm financial hired XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to repossess a XXXX XXXX XXXX XXXX XXXX on XXXX/XXXX/2021 at my home address XXXX XXXX XXXX XXXXXXXX XXXX XXXX i was not home at the time they left no paper work at all so i could not contact anyone. i finally got ahold of gm financial got the number XXXX i called the guy for XXXX left numerous messages, told i had the key, we played phone tag and i could not get ahold of him. my wife called to and left a message the XXXX asking them to send me the repossession paperwork and she also stated we had the key. i got a certified letter on the XXXXXXXX-2021statinf their would be a 50.00 handling fee and 5.00 fee a day for storage for 30 for unclaimed property. i called 0n XXXX-2021 asked for a prepaid envelope so i could send them the key i also stated i did not want any of the personel back a phone charger blanket and 2 camping chairs. i was than told they cut i key already and i would need to pay the 200.00 fee. i notified them i had the key and i am disputing these charges. they should have legally left me the paper work on the XXXX-2021.
Company Response:
State: MT
Zip: 59701
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: It is unclear as to why they are now first coming after me when my lease was paid in full in XXXX of XXXX. Back in XX/XX/XXXX they added this item to my credit report, and I submitted a dispute. At that time, it was in fact removed. I am now seeing it again. I have submitted disputes to all XXXX credit bureaus and they are refusing to remove this item stating the company responded the account is accurate. I just sent proof of all XXXX payments made along with dates they were paid. My account with GM financial is locked and I submitted a request to have it opened but no response. When I call, I am left on hold for hours and simply do not have the time for that. This is negatively affecting my credit score. Please know that I take my credit very seriously as I was negative affected by my divorce years ago where my now ex husbands horrible credit affected mine. I worked very hard to get this cleared up and am sure to make all payments in full and on time which I have managed to do. Attached below are the documents I sent to all credit bureaus which prove I paid this lease in full. There is also a cover letter and cover sheet showing my bank account with each payment on the date paid. Any help would be much appreciated.
Company Response:
State: NJ
Zip: 07960
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: I am ask to pay a loan that has already bee paid in full the Fair Debt Collections Practices Act is intended to secure my right to privacy and my privacy has been breached so be it, GM FINANCIAL, is in violation of XXXX XXXX XXXX ( XXXX ) not state that such consumer owes any debt GM FINANCIAL, is in violation of XXXX XXXX XXXX ( XXXX ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. GM FINANCIAL, is in violation of XXXX XXXX XXXX ( XXXX ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ;
Company Response:
State: IL
Zip: 60438
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
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 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 XXXX XXXX as well as State XXXX and XXXX 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: 023XX
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-21
Issue: Getting a loan or lease
Subissue: High-pressure sales tactics
Consumer Complaint: I went to the XXXX dealer shop and i told them to do the lease for a particular bank. They have sent all my information to several banks. And I received my lease from the bank that i advised them to do because i dont want too many hard inquiries. They were really unprofessional on XX/XX/XXXX XXXX. I spoke with them about this situation and they told me there is nothing to do now and I should wait to drop off in a few years.
Company Response:
State: FL
Zip: 32246
Submitted Via: Web
Date Sent: 2021-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A