Consumer complaint received 2023-12-14
Company: ALLY FINANCIAL INC.
State: AZ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Notice to repossess

Complaint:
This is a notification that my account is supposed to be in a disputed status and no actions should've been taken that affected the aggrieved party until matters were resolved. Yesterday, my vehicle was wrongfully possessed, firstly under a breach of peace, and secondly because I'm currently disputing the issues with the Executive Customer Relations team. XXXX XXXX - XXXX EXT XXXX, XXXX - XXXX EXT XXXX. 

I sent notarized correspondences to the CEO XXXX XXXX, Indentured Trustee XXXX XXXX of XXXX XXXX, Owner Trustee XXXX XXXX of XXXX XXXX, as well as the Legal Department. All correspondences were sent via Certified Mail, including a security which was sent Registered Mail. That information is included in the attachments. 

Ally is in violation of the following codes : UCC 1-609 : Right to Adequate Assurance of Due Performance UCC 1-304 : Obligation of Good Faith UCC 3-604 ( a ) : Discharge by cancellation or renunciation UCC 3-305 : Defense for recoupment UCC 3-306 : Claims for recoupment 15 USC 1693 : Can not demand payment in any specific coins or currency of the U.S.

15 USC 1692e : False and misleading representations Fair Debt Collections Practices Act 16 CFR 433.1 - Preservation of Consumers ' Claims and Defenses Amongst these violations, Ally also has fraudulently concealed material information and is denying full disclosure of my justified concerns according to Federal Reserve publications, USC definitions regarding money and the nature and transparent definition of deposits. My defense to their claims that I owed any money was that the promissory note has actual value, whereas their credits for funding the alleged " loan '' is in question. 

In 2021, re : Ally Financial Inc. v. Haskins, Ally had paid a $ XXXX settlement on a class action lawsuit, regarding wrongful possession practices of customer vehicles, stemming from not following the provisions in the Uniform Commercial Codes. This circumstance is no different, and I am hereby making notice that Ally and all affiliates to this transaction are co-conspirators in these violations and may be assessed as such.

I have filed a UCC-1 Financing Statement showing that I have a public notice of an ongoing interest in this instrument, which is my collateral of which Ally has never provided equal value or consideration, and has operated under extortion, fraud, and misrepresentation. The public notice is sufficient to show the following : a ) I am the debtor. Which means I have an interest in the collateral, and I have sold Ally the promissory note. UCC 9-102 ( 28 ) b ) Ally is the Secured Party . To whom a promissory has been sold UCC 9-102 ( 73 ) ( D ) c ) My collateral, the Promissory Note, was sold to Ally UCC 9-102 ( 12 ) d ) I am due the proceeds of my collateral. Either the Promissory already paid for the vehicle, or Ally must prove that they provided funding, and from which source. UCC 9-102 ( 64 ) Again, because Ally is still in violation of not providing Adequate Assurance of Due Performance by concealing and ignoring my justifiable concerns, they must return my vehicle until the matters have been settled. The grounds by which they may attempt to claim possession of my vehicle will be based on the premise that I have not paid the account over the past 3 or 4 months. Therefore, they would claim I have no financial receipts evidencing a public interest in the vehicle or the instrument. Yet that is inherently false. The UCC-1 filing shows that I have an ongoing interest in the instrument under a " Seller/Buyer '' designation, and Ally has to prove that they have paid me the value of the Note that I submitted, and from what source. 

Additionally, Ally has restricted my account over the past 4 months, demanding only certified funds be collected. In the documents included, you will see that I submitted an inquiry asking what laws, statutes, codes, or contractual agreement gave them the right to demand that. The only response they gave was that the Fraud Department determined this. After calling the Fraud Department, they said they have no substantial reason to determine such policy. That call is recorded and I have the records of those. These alterations of terms and creating policies that neither honor the Uniform Commercial Codes and spite the customers who inquire about such policies in good faith is egregious and must be addressed. 

My claim is in Recoupment UCC 3-305/3-306. ALLY must repay me my value in which I negotiated, and in which is being portrayed as a loan. The Federal Accounting Standards provide guidance to whether my instrument was sold off to be securitized, in which case I'm no longer liable, or if it's still on the liabilities side of the book in an off balance-sheet entry on the ledgers. 

ALLY MUST RETURN MY VEHICLE UNTIL OUR MATTERS ARE SETTLED, I WILL PAY THE FULL AMOUNT TO DATE AS LONG AS THEY AGREE TO CONTINUE THE COURSE OF ARBITRATION/LITIGATION/ADJUDICATION/SETTLEMENT.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation