Consumer complaint received 2022-01-27
Company: ALLY FINANCIAL INC.
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Fact, I am one of 	he federally protected consumers defined in 15 USC 7006. 
I, affiant, a natural person has been discriminated against for exercising my federally protected rights pursuant to my Retail Installment Sales Agreement. 
I do so believe ALLY FINANCIAL and all assigns are indeed in violation of the Truth in Lending Act ( TILA ), Fair Credit Reporting Act ( FCRA ), Electric Funds Transfer Act ( EFTA ), and the Uniform Commercial Code laws ( UCC ). Upon my dealings with them I issued an Affidavit of rescission, and a cease-and-desist notice, which they refused in writing, to honor in good faith. According to 12 C.F.R 1026.15 rescission is my right, as XXXX willfully did so, fail to disclose and provide all information of said agreement clearly and conspicuously to me pursuant to 12 C.F.R. 1026.24 ( b ), that which includes proposing for me to sign documents that are not completed. An example of an incomplete document being encouraged to sign, to my lack of knowledge and disadvantage due to unclear and or conspicuous disclosure, is the POA form. The title involved also is not complete. This Rescission notice is made pursuant to 12 C.F.R 1026.15 and 15 U.S Code 1635 ( a ), as the right to rescission is made be it the notice by mailing and be it the notice is considered given in regards to my consumer credit transactions. Furthermore, ALLY FINANCIAL failed to clearly and conspicuously disclose my right to rescind, so be it, and ; I, XXXX XXXX participated in a consumer credit transaction pursuant to 15 U.S CODE 1602 ( i ), with a consumer credit agreement pursuant to 16 CFR 433.1 ( i ) for personal, family and household purposes, so be it. 


I requested to have communication through mail only to an address given, which is XXXX XXXX XXXX, XXXX XXXX, XXXX Not only did they continue to obsessively call but were sending extortion mail pieces to addresses other than the one I provided, threatening collections of debt and repossession, though with a UCC-11 search you will find I am not liable for any debts. While I am not found liable for any debts, pursuant to 15 U.S. Code 1635 ( b ) When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, down payment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. 

As the debtor, I made the lawful efforts of asserting/preserving my rights, including any and all claims and defenses pursuant to 16 CFR 433.2 displayed in exhibits provided to ALLY FINANCIAL, invoking rights to recovery of the proceeds of credit of account, on any instrument bearing my property : signature, name : XXXX XXXX XXXX SSN, and any derivative pertaining to any of my marks that I am the holder of, so be it. In accordance to 16 CFR 433.2, I proceeded to invoke my right as the debtor to assert my claim over the interest and proceeds of the account as the paramount holder in due course, I do so believe I have legal possessory rights to my instruments bearing my name under UCC 3-306, I have reason to believe and do so believe there is more credit of account than debit of account. 

In summary, ALLY FINANCIAL alongside Texas XXXX XXXX XXXX XXXX is in violation of a dishonored negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions, reporting my personal and private information without my consent the credit reporting agencies and including stress caused to me in the attempt of exercising my rights in good faith.

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