Consumer complaint received 2021-11-13
Company: ALLY FINANCIAL INC.
State: AL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
On XX/XX/XXXX I entered into a consumer credit transaction for my XXXX white XXXX XXXX at XXXX XXXX XXXX in XXXX, GA. The finance manager who assisted me was XXXX XXXX. I never received an explanation, walk through, or full disclosure on the contents of the contract and promissory note. I didnt receive a copy of the contract until several months later, XX/XX/XXXX, although I requested it from both XXXX XXXX XXXX and ALLY FINANCIAL. On XX/XX/XXXX I mailed via certified mailing ( attached below ) a tender of payment for full satisfaction of claim of the car. I did this conspicuous and in good faith pursuant to UCC 3-11 and UCC 3-603 . 
UCC 3-603 states If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender ... and UCC 3-311 states If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. ALLY FINANCIAL never sent me a notice of dishonor nor did anyone explain why my lawful payment for discharge of the debt was rejected. My documents sent for discharge of the debt was never returned to me, instead I received copies of them. I asked a rep for ALLY for the return of my documents from XXXX to XXXX and I was initially told they didnt receive anything, then I was told I couldnt get my documents back, lastly I was told it would be mailed to me. I have yet to receive my documents. I was sent a letter stating that my payment was rejected and it was not an acceptable form of legal tender and only money orders, cash, and certified checks are acceptable forms. But pursuant to HJR-192, Public Law 73-10 and Title 31 USC 5118 prohibits Banks/creditors from demanding any specific specie of payment. All Banks must process lawful United States currency. Failure to do so is interference with commerce, a felony under the RICO ACT, 18 USC 1951. a Federal US court of appeals ruled on Title 31 USC 5118. As of XX/XX/XXXX, legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. Requirement of repayment of debt is against Public Policy, since legal tender was not loaned [ nor in circulation ] ALLY can not demand payment in any [ particular ] form of coin or currency or legal tender and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument. ALLY FINANCIAL has committed embezzlement, theft by deception and extortion failing to discharge all debts pursuant to 73RD CONGRESS. SESS 1. CHS. 48 49. XX/XX/XXXX, XXXX HJR 192 HR 1491 PUBLIC LAW 1 48 STAT 1 PUBLIC LAW 10 CHAPTER 48 STAT 112 PUBLIC LAW 73-10 40 STAT 411 TRADING WITH THE ENEMY ACT ( TWEA ) OCT 6, 1917. After receiving my contract I realized Ive been violated in more than one ways. My car was paid at the time of the transaction via the promissory note as a negotiable instrument. ALLY FINANCIAL never loaned me credit as its stated in the contract. Banks can not lend credit. I have, through research, learned the following to be true and most likely applies to me, which is the reason I have requested and demanded ALLY to validate their claims and produce pursuant to applicable law. ALLY allegedly loaned me their money or creditwhen in reality they deposited ( credited ) my promissory note and used that deposit to pay my seller. I demanded for ALLY to provide me with validation of debt owed by providing documentary evidence of the private and public side of the ledger to show where they loaned anything to me or on my behalf. I have yet to receive the information I requested pursuant to 12 CFR 1026.13 and 15 USC 44. I extended my credit for the transaction and provided my autographs of the promissory note which funded the entire transaction. In the contract it states that I may buy the vehicle for cash or on credit, and I did both. I put a down payment down and purchased on credit which is a violation of 15 USC 1662 ( 2 ) and 15 USC 1605. Pursuant to 15 USC 1605 The finance charge in connection with a consumer credit transaction is the sum of all charges and does not include charges of a type payable in a comparable cash transaction. My car was repossessed XX/XX/XXXX even though ALLY didnt have the right to. There wasnt disclosure in the contract that a third party would be participating in anything dealing with the taken of my car. I have not been notified that my car was sold whatsoever. ALLY FINANCIAL stole my vehicle, promissory note, my tendered payment, and federal reserve notes for alleged car payments. My contract doesnt contain the proper notice pursuant to 16 CFR 433.2. Theres suppose to be consideration on both sides in order for a contract to be valid. I have not received any consideration in this contract and have giving too much for nothing. This is FRAUDULENT and disrespectful to me. This whole ordeal has caused me anxiety, stress, humiliation, sleepless night, my fianc stress while pregnant, loss of wages because of no transportation, and ruined my credit reputation.

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