Consumer complaint received 2022-02-13
Company: ALLY FINANCIAL INC.
State: VA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
pursuant to 15 USC 1635 ( f ) in the case of any consumer transaction in which a security interest including any such interest arising by the operation of law, meaning not limited to only a principal dwelling, but any contract which includes a security interest, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation or the day the agreement was signed. The rescission forms are required by 15 USC 1635 and must be delivered together with a statement containing the material disclosures in accordance with 15 USC 1602 ( v ) required under TILA. In addition, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau. I, the consumer did not receive any forms or clear and conspicuous verbal, written, or video explanation on my right to rescind. I, the consumer have the right to exercise the right of rescission after three years from XX/XX/XXXX in accordance with 15 USC 1635 ( f ) as shown in the retail installment contract of Ally Financial to disclose this required information. Pursuant to 15 USC 1635 ( b ) upon the right of rescission, I the affiant am no longer liable for any finance charge. The creditor must terminate any security interest, return any money or property, earnest money, downpayment or otherwise past payments and because the property has been delivered and is in my possession I have the right to retain possession of the property. XX/XX/XXXX I contacted Ally Financial Via Certified mail and put them on notice about my decision to rescind the contract pursuant to 15 USC 1635 and to cease and desist all communication. Ally Financial Responded stating that the contract can not be canceled because there is no COOLING OFF PERIOD this is a violation of 15 USC 1693l which states that no writing or other agreement between a consumer and any other person may contain any provision in which constitutes a waiver of any rights. Any creditor who fails to comply with any requirement imposed under XXXX, in the case of an individual action, the creditor will be liable for twice the amount of the finance charge and any actual damage sustained by the creditor. Ally Financial has failed to comply with all parts of the truth in lending disclosure. Ally Financial was also sent a cease and desist. XX/XX/XXXX which stated that they must cease and desist communication through any and all mediums which would mean via telephone, consumer reporting agencies, and third party companies such as the towing company that they have sent to repossess my vehicle. Ally Financial was also made aware that I refused to acknowledge the alleged debt. Pursuant to 18 USC 8 all debt obligations are securities that are owed to the united states. Ally Financial is not a US attorney, an assistant, or designated to act on behalf of the US attorney, or an attorney or the US department of Justice or a Federal agency with litigation authority, which means the head of agency with any accompanied private attorney must have a contract made in accordance with Section 3718 of title 31 to conduct any litigation or collection of debts pursuant to 18 USC 8 on behalf of the united states and other wise would have no right. Ally Financial has to no contract with the United states to collect any alleged debt. Ally Financial is in violation of 15 USC 57b ( XXXX ) states that if any person, partnership, or corporation engages in any unfair or deceptive acts after a cease and desist order was In place are liable to have civil action bought upon them. Ally Financial has continued reporting to consumer reporting agencies about me, they have repossessed my vehicle, and they have also continued to contact me via postage Mail. Ally Financial is in violation of 18 USC 876 ( d ) because they mailed letters to my home threatening to repossess my vehicle. Pursuant to 18 USC 876 ( d ) whoever with the intent to extort from any person any money or other thing of value knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designated mark addressed to any other person that contains any threats to injure the property or the reputation of another shall be fined under title 18 and imprisoned not more than two years. Ally financial also mailed me letter threatening to report negative information to my consumers report in order to damage my reputation. Ally Financial is violation of 18 USC 1341 which states whomever having devised or intended to devise any scheme or artifice to defraud or for obtaining money or property by any means of false or pretenses, representation or promises to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimidated or held out to be such counterfeit or spurious article to be sent or delivered by the post office shall be imprisoned under title 18 and imprisoned not more than 20 years. I was defrauded when I was deprived of the intangible right of honest service when ally financial failed to notify me of my right yo rescind and failed to comply with my notice of rescission. whoever, willingly and knowingly gives, false, inaccurate or fails to provide information which is required to disclose, or fails to comply with any requirement under the consumer credit protection title will be held to criminal liability pursuant to 15 USC 1611 with fines up to {$5000.00}, one year imprisonment or both. I, the affiant, have proof of this violation shown in the consumer contract. Ally bank has seized or taken my property which is a violation 15 USC 1692f ( XXXX ) and a violation of my XXXX amendment right. Ally Financial has threatened to harm and or seize my property which is a violation of 15 USC 1692d ( XXXX ) and a violation of my XXXX amendment right to be secure in my property. Ally Financial is in violation because if any false character of the amount of any debt is a violation of 15 USC 1692e ( XXXX ) ( A ). XXXX has proof of this violation in Exhibit A as Ally Financial allege, that I the consumer, owe a debt but the alleged debt is shown in a positive balance. The action of repossession, that I the consumer have proof of is a violation of 15 USC 1692e ( XXXX ) and is fraud and illegal in the collection of any debt. This is a right secured to me by this code herein and the XXXX amendment of the U.S constitution. There has been fraud found in my consumer credit contract. The heading states that the form is a retail installment stale contract however, this document is a consumer credit contract. This form is therefore false and deceptive, void, and a violation of 15 USC 1692j. This is also a violation of 18 USC 10001 which states that anyone who makes any materially false, fictitious, or fraudulent statement or representation or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or entry shall be fined under title 18 or imprisoned not more than 5 years. Ally Financial is the holder of a fictitious and fraudulent contract with billing errors, false character representation and false statement that makes the consumer believe they have no right to rescission. Ally Financial has committed aggravated identity theft which is defined in 18 USC 1028A ( XXXX ) as knowingly transferring possessing, or using a means of identification of anothers persons with the intent to commit or to aid or abet or in connection with any unlawful activity that constitutes a violation of Federal Law or constitutes a felony under applicable law. Ally Financial knowing sent my license plate which is defined as a credit card pursuant to 15 use 1602 ( I ) to a towing company to illegally repossess my vehicle. Ally Financial is in violation of 18 USC 1962 which states that it shall be unlawful for any person who has received any income derived, directly, or indirectly from a pattern of racketeering through the collection of an unlawful debt. Ally Financial has signed a contract with a repossession company to repossess my vehicle as a means of extortion to collect an alleged debt that they are legally not allowed to collect. Whoever is in violation of 18 USC 1962 all be fined under title 18 or imprisoned not more than 20 years. Ally Financial is also in violation of 18 USC 894. Ally Financial has used extortion as a means of collection a credit extension. Ally financial knowingly participated in the use of extortions to attempt to collect an extension of credit. Ally Financial has punished me by repossessing my vehicle as means to punish me for non payment. Ally Financial agents shall be fined under title 18 and not imprisoned for more than 20 years. Ally financial has also harmed my reputation as a means to extort me. Ally Financial was sent a cease and desist letter and has since continued to harm my reputation by reporting negative information to my consumers report as a means to extort me for repayment and as a punishment for non repayment.

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