Consumer complaint received 2022-09-04
Company: ALLY FINANCIAL INC.
State: NY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
FTC REPORT NUMBER - XXXX attorney General complaint number - XXXX Agreement # : XXXX VIN XXXX after thoroughly reading through the " agreement '' it appears that this is indeed the security interest that was fraudulently given to " ally Financial '' because XXXX  XXXX assigned it to them without recourse. Also I was also unaware of this swap when I was purchasing the vehicle, and was never told or made aware of these disclosure. Full disclosure being one of the main things in contract law. here are actually 8 things needed in order for a contract to be legitimate. pursuant to Law merchant and negotiable instruments law. 

pursuant to 15 USC 1692g - debt validation, I the natural person and federally protected consumer would like to know who the original creditor is of this alleged debt. pursuant to 15 USC 1692g, after requesting the name of the original creditor you must cease all collection activities, including but not limited to, verification of this debt and or a judgement. this must be mailed to me the natural person and consumer. 
any and all payments made or sent out to this company must be IMMEDIATELY sent back to me the natural persona and federally protected consumer, at the address XXXX XXXX XXXX  XXXX XXXX XXXX, NY XXXX also pursuant to 15 USC 1692 ( c ) - admission of liability, " The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. '' 15 USC 1605- Accepting cash down payment also pursuant to 15 USC 1605 - determination of a finance charge, the dealership d/b/a XXXX XXXX took a down payment of {$3000.00} from the consumer, when it clearly states that any transaction that is an extension of consumer credit is suppose to be 100 percent In credit. it can not be a mix of credit and cash. This must be sent back to my address at your earliest convenience, via check, I will be filing a complaint with the attorney general pertaining to the fraud that has transpired with this transaction. 
15 USC 1605 - Details Finance charge defined Intrest Service charge or carrying charge Loan fee, finders fee or similar charge Fee for investigation or credit report Premium or other charge for guarantee or insurance protecting the creditor against the obligors default or other credit loss Gap insurance or regular insurance pursuant to the Supreme Court case " fraud vitiates the most solemn contract, documents, and even judgements '' [ U.S. v. Throckmorton, 98 US 61 pg. 65 ] 42. ) A consumer contract is not sufficient evidence of a debt [ Pacific concrete F.C.U. v. Kaunanoe 62 HAW 334, 614, p.2d 936 ( XXXX  ) ] 15 USC 1681o - civil liability for negligent noncompliance 15 USC 1681n - Civil Liability for willful noncompliance 15 USC 1611 - Criminal liability for willful and knowing violation 12 USC 411 - everything isa government obligation 12 USC 83 - Banks can not lend their own money 18 USC 8 - Obligation or other security of the United States defined 31 USC 1602- you can discharge all debts and tender of payment does not have to be illegal tender UCC 3-104 - explains what a negotiable instrument is UCC 3-311- Explains what satisfaction by use of instrument is UCC 3-602- explain what a payment is UCC 3-603 - explains what tender of payment is 1681b ( a ) ( 2 ) - no consent to furnish any of my private information 15 USC 1666b - timing of payments 15 USC 1692 ( c ) ( a ) - no prior consent was given to this debt collector 15 USC 1692d- definition of the word consumer 15 USC 1692e- False and misleading representation 15 USC 1692 ( a ) ( 4 ) - Definition of a creditor 15 USC 1692e - False and deceptive information ( 15 USC 1692 D 2 ) - Obscene & Profane language Right of Rescission ( 15 use 1635 A ) was missing in the contract 100, and I was never told of my right to remind my consumer liability.

this federal law states that two times the finance charge must be paid if it is found that the corporation is in violation of this federal statute, federal codified law.

Pursuant to 15 USC 1640 ( 2 ) ( A ) ( i )- which states " in the case of an individual action twice the amount of any finance charge in connection with the transaction, " also in 15 USC 1640 ( a ) ( 1 ) - which states " any actual damage sustained by such person as a result of the failure ; " the truth in lending act, Regulation Z, states clearly that the cost of how much the credit will cost me must be on the contract that I sign and ready to be read and comprehended by anyone reading said contract. It also states in the United States Manual styles that " anything in box on any form, is in reality not on that form '' so the truth in lending act may seem to be upheld in the contract, however, after careful scrutiny only the fallacy of the information is really being agreed upon.

also I entered into this contract with bonafide XXXX  faith, that there would be an even exchange of goods.

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