Consumer complaint received 2018-12-21
Company: ALLY FINANCIAL INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I am disputing an entry on my credit report. I have contacted your company over the phone and U.S mail about inaccurate information on my credit file, but could not retrieve the information below. Due to the past history with Ally Financial misapplying payments on this account to the wrong account number and improper procedures without providing proper paperwork of discharge. 


Section 1036 of the frank Dodd act of 2011 prohibits covered persons and service providers from engaging in unfair deceptive or abusive acts or practices. This act also prohibits abusive practices. This is a an abusive business practice and deceptive. The state attorney general can also sue your company for unfair and deceptive practices. 
Deceptive practices are defined as a representation omission or a practice that is likely to mislead a consumer acting reasonably under the circumstances. 
Legal and unfair practice is any or all practices that causes or is likely to cause injury to consumers where the injury can not be avoided by the consumer. This is unauthorized billing that caused substantial injury. 
To measure unfairness, An legal assessment of an Unfairness test requires weighing cost and benefits of business practice. This particular practice resulted in substantial injury to my person. The cost outweighs the benefit and that is what legally makes this practice unfair. I do not have any legally binding contract with. Therefore your inaccurate and invalid entry on my credit is considered material to my decision making in terms of all credit related purchases 15 U.S.C. 1681 Sec ( a ) ( 1 ) ( 4 ) states The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Under these findings I exercise my right to validate your claim. 

The Fair Credit Billing Act requires that you bill correctly, that each statement be sent to the correct address, that you not ignore change of address requests, and that you facilitate disputed charges in a manner prescribed by law. The Act also stipulates that you provide lawfully requested information concerning my account upon request in a timely manner.

Please provide my consumer disclosure file under FCRA Section 609 ( a ) ( 1 ) and provide me with the date of first delinquency ( which starts at the 30th day of delinquency. I have reason to believe that your information is incorrect. 

This is an attempt to validate and verify a debt against Ally Financial, the parties of which may collectively be known as Debt Collector ( s ), under the Fair Debt Collection Practices Act ( hereinafter FDCPA ). I am exercising my legal right to validate a debt that your company claims is owed. 


Please provide the following verifications and proof of debt as follows : I demand you forward a notarized statement on your letterhead which will attest to your compliance to the FCBA generally and to my account specifically throughout the period I have been a customer. Otherwise, delete the negative marks you have reported to the three consumer reporting agencies within the timely manner prescribed by law. 


I demand you provide verification of your claim that the Account XXXX held by Ally Financial per FCRA and FDPCA. 

I demand you provide verification balance due. Your entry on my credit file is inaccurate/incorrect. 

I demand you provide verification of certified letter of reinstatement. Your entry on my credit file is inaccurate/incorrect. 

I demand you provide verification of a letter of notice of sale. Your entry on my credit file is inaccurate/incorrect. 

I demand you provide verification of a deficiency notice. Your entry on my credit file is inaccurate/incorrect. 

To provide proof you must exhibit an original, or a genuine instrument in accordance with the UCC inter alia, Georgia State Law, UCC 3-501 ( B ) ( 12 ), and any local applicable laws, inclusive of the genuine original Promissory Note and genuine original allonge ( s ) showing chain of title, and the official accounting ledger. 

To provide proof you must exhibit an authoritative copy of the obligatory instrument or record, timed and date-stamped, which identifies Ally Financial as the assignee of the alleged Secured Party as the assignee of the record or records. To be valid, copies or revisions that add or change the Assignee of the authoritative copy can be made only with the participation of the secured party pursuant UCC 9-105.

Please provide my consumer disclosure file under FCRA Section 609 ( a ) ( 1 ) and provide me with the date of first delinquency. I  have reason to believe that your information is incorrect. 

I demand proof that the Account # XXXX does indeed reflect a balance XXXX from the original creditor on the date that the debt was charged off and/or closed. I have seen no proof to support your allegation and I believe no such proof exists. 

Please provide an audit and account shall be conducted in accordance with the generally accepted government auditing standards, the Comptroller Generals standards for audits of federal organizations, OMB Circular A-732 as basic audit criteria for federal agencies. 

I am also demanding a promissory note and/or an Assignment of Debt Agreement and also that the value of the attached is not sufficient to discharge this debt under the following laws : Fair debt collection Practices ACT ( FDCPA ), 15 U.S.C 1692 et seq., 1978 Title VIII of the Consumer Credit Protection ACT of 1978 The Indentured Trust ACT of 1939 HJR 192, 112 Statues at Large 48, and P.L. 73.10 of 1933 The Securities Exchange Act of 1934 The Fair Credit reporting Act Public Law No. 91-508 enacted in 1970 12 USC 411, P.L. 97-280 UCC 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510 The Debt Collector is given notice that pursuant U.S.C sec 1692g ( b ) : if the consumer gives notice to the debt collector in writing within the thirty-day ( 30 ) period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a void judgment, or the name and address of the original creditor, is mailed to the consumer by the collector, and in 15 U.S.C. 1681-1681 ( u ). If any of these accounts are over seven ( 7 ) years old, can not be verified and/or have been discharged, written off, charged off, sold, referred to a third party, or can not be validated, Affiant requires that these statements be deleted from the Consumers credit report. 

Be advised that verification is defined ( XXXX XXXX XXXX, XXXX XXXX ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or disposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. 

Debt collector is further noticed that this is not a request by Affiant for a photocopy of any invoice, statement, bill, summary, agreement and the like and that any future communication received by Affiant from Debt Collector, in written as well as any other form, absent the above-cited requisite Verification of debt, irrespective of the inclusion of any photocopy of any related involve, statement, bill summary, agreement, and the like, constitutes Debt Collectors tacit admission, confession and agreement that Debt Collector has no lawful, bona fide, verifiable claim, re the alleged account, as per the Fair Credit Reporting Act and the Fair Debt Collection Practices, and Uniform Commercial Code ( UCC ). 

This lawful request is made in accordance with the aforementioned authorities and shall further serve as a request for records as set-forth in the Administrative Procedure Act [ USC 5 551 ]. In addition to other applicable provisions under this Act, you are advised of the obligation to notify me within ten ( 10 ) days ( excepting Saturdays, Sundays, and legal public holidays ) after the receipt of my request to inform me of any refusal or unwillingness to comply, or provide records. 

This is NOT a request for verification of charged off account only, but a request for validation and/or accounting where necessary as described above. During this verification and validation period, should any action be undertaken which could be detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in fact there is no certified valid proof that it is.

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