Consumer complaint received 2022-03-27
Company: ALLY FINANCIAL INC.
State: TN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
this is a continuation of complaint id XXXX against ally bank as of XX/XX/2022, Ally Bank and its trustees has been in receipt of certified mail receipt number # XXXX, titled UCC 9-210 REQUEST FOR ACCOUNTING ; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT. 

Ally Bank is now in violation of UCC 9-210, they have failed to comply with there duties as follows ; 9-209. DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT. 
( a ) [ Applicability of section. ] Except as otherwise provided in subsection ( c ), this section applies if : ( 1 ) there is no outstanding secured obligation; and ( 2 ) the secured party is not committed to make advances, incur obligations, or otherwise give value. 

( b ) [ Duties of secured party after receiving demand from debtor. ] Within 10 days after receiving an authenticated demand by the debtor, a secured party shall send to an account debtor that has received notification of an assignment to the secured party as assignee under Section 9-406 ( a ) an authenticated record that releases the account debtor from any further obligation to the secured party. 

( c ) [ Inapplicability to sales. ] This section does not apply to an assignment constituting the sale of an account, chattel paper, or payment intangible. 



ALLY BANK IS NOW CIVILLY LIABLE TO ME PURSUANT TO : UCC 9-625 CLAIM OF RELIEF PURSUANT TO : 9-625. REMEDIES FOR SECURED PARTYS FAILURE TO COMPLY WITH ARTICLE. 
( a ) [ Judicial orders concerning noncompliance. ] If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. 

( b ) [ Damages for noncompliance. ] Subject to subsections ( c ), ( d ), and ( f ), a person is liable for damages in the amount of any loss caused by a failure to comply with this article. Loss caused by a failure to comply may include loss resulting from the debtor 's inability to obtain, or increased costs of, alternative financing. 

( c ) [ Persons entitled to recover damages ; statutory damages in consumer-goods transaction. ] Except as otherwise provided in Section 9-628 : ( 1 ) a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection ( b ) for its loss; and ( 2 ) if the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus 10 percent of the principal amount of the obligation or the time-price differential plus 10 percent of the cash price. 

( d ) [ Recovery when deficiency eliminated or reduced. ] A debtor whose deficiency is eliminated under Section 9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under Section 9-626 may not otherwise recover under subsection ( b ) for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.

( e ) [ Statutory damages : noncompliance with specified provisions. ] In addition to any damages recoverable under subsection ( b ), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover {$500.00} in each case from a person that : ( 1 ) fails to comply with Section 9-208 ; ( 2 ) fails to comply with Section 9-209 ; ( 3 ) files a record that the person is not entitled to file under Section 9-509 ( a ) ; ( 4 ) fails to cause the secured party of record to file or send a termination statement as required by Section 9-513 ( a ) or ( c ) ; ( 5 ) fails to comply with Section 9-616 ( b ) ( 1 ) and whose failure is part of a pattern, or consistent with a practice, of noncompliance ; or ( 6 ) fails to comply with Section 9-616 ( b ) ( 2 ).

( f ) [ Statutory damages : noncompliance with Section 9-210. ] A debtor or consumer obligor may recover damages under subsection ( b ) and, in addition, {$500.00} in each case from a person that, without reasonable cause, fails to comply with a request under Section 9-210. A recipient of a request under Section 9-210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subsection.

( g ) [ Limitation of security interest : noncompliance with Section 9-210. ] If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Section 9-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

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