Consumer complaint received 2018-04-25
Company: General Motors Financial Company, Inc.
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
XX/XX/XXXX RE : ACCOUNT # XXXX re : XXXX XXXX To whom it may concern, It has come to my attention that over the last 43 months there have been no less than seven events complex enough to have severely deviated good faith payments made in as described by the terms of my original retail sales contract executed on XX/XX/XXXX in XXXX XXXX, ca at XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, ca XXXX Contract # XXXX R.O.S. number : XXXX Stock # XXXX Below is a list of grievances that require resolution by GM :  Breach of contract issue # 1- On the original contract, The truth in lending Annual Percentage Rate indicated as 17.95 % with a total amount financed of {$39000.00} for a term of 72 months @ {$890.00}.

A mathematical error in long form exists.

In fact interest rate reflected is inaccurate.

The amount financed is at a undisclosed rate of 18.24 %, this is in excess of the legal allowable deviation permissible which is .24 % of a percentage point., XXXX XXXX XXXX error is outside the permissible variance at .29 %. 
The payment should be dollers lower than {$890.00}, check this to verify. 
Gm Financial had a Duty to correct such errors upon approval of said loan but did not uncover or disclose such information, Gross negligence occurred in this event, resulting in financial Harm to myself has been caused with these non disclosed monetary charges that in accurately reflect by terms now require resolution. 
It has only been my research which uncovered said errors, correspondence with XXXX XXXX. XXXX, has led to denial of said errors, ongoing communications and correspondence with GM Financial is just as deferential to my normal quirys, requests for summary statement history which to the date of this letter has gone unanswered. The adage you can fool some of the people all the times, but not all people at all times. 

Breach of contract issue # 2- Anticipatory negligence was utilized by GM Financial through solicitation of Deferment services, I was approached by GM Financial with an offering of deferment- my contention is that apparently the binding terms that were authorized vs additional terms binding terms outside the deferment agreement terms expressed in writing were imposed without written disclosure, therefore we can demonstrate that the additional fees withheld, and have not disclosed in writing as such even at the time of this letter, therefore have not be authorized with my signature on said additional fees and not binding to said original sales contract also in breach.

It can also be shown GM financial upon reviewing the signed sales contract, noticing my signature with the mathematical errors present at the outset of the loan acceptance may have provided impetus for anticipatory negligence based actions to the further abuse of additional mathematical errors, singularity toward the benefit of gaining additional fees outside the binding terms of the approved contract, in other words it may be a premeditated decision which demonstrates multiple breach of contract issues developed over time, which illustrates the actual conspired nature of the deceit.

By far GM Financials discreet illegality by collecting interest immediately after deferment for only the interest of the deferment period preceding does not abide to terms of Deferment as defined and authorized by my own signature.

GM Financial offered no accounting for such full payment interest only payment which accounts for six ( 6 ) payments in total of 36 payments made to date.

In other words these instances which occurred undermine the credibility of the entire GM financial Corporation with regard to consumer abuse is veiled in the mask of the subject of Deferment. GM financial has overstepped its legal right to make binding changes to the retail contract without written authorization.This is a breach # 2 of contract. 
We have a mutual understanding that GM financial has not before, during or after the approved terms of deferment provided even the most basic disclosure with regard to the ongoing business practices GM engages in on an ongoing basis.

What binding changes I acknowledged and agreed in writing with regard to defernment are quite clear, to enable the terms of the loan to be extended by a new maturity date equitably balanced with the time of deferment approved. This stands at 6 months. As stated, the defernment does not stop interest from accruing. In Fact, it can be shown that GM Financial is entitled to more interest than that the original terms of the loan described by the new maturity date extension of 6 months. This represents a ( # 2 ) second form of interest that as described in the authorized deferment agreement and as stated are not dueat the end of the loan on the final payment, which is agreed and authorized. 
This is the line of where GM Financial ability ends to collect on interest for these periods of deferment 3 instances of 2 months each, the first was XX/XX/XXXX and XX/XX/XXXX, the second was XX/XX/XXXXand XX/XX/XXXX, and the third was XX/XX/XXXX and XX/XX/XXXX, these ( 6 ) six months as mentioned are all deferred periods. This is where GM financial decided to actually take without permission 6 payments for themselves which account for a triple ( # 3 ) interest billing to me illegally inflicting damages Ii now seek to remedy, this had the additional consequence of extending my payoff terms from 36 to 49 months remaining, this does not make any sense whatsoever, its an hidden revenue generating scheme worthy further discussion.

Breach of contract issued # 3 Misrepresentation of funds requested for payment of late fees misapplied once received as agreed.

On no less than two occasions totals of several months of late payments were required to be made by myself in order to be approved for payoff of collection department with 2 normal payments not made when due, one in connection with deferment # 2 a {$290.00} late fee was requested as a condition of approval for deferment, GM financials the collection department found it necessary to ask for even more money at a point they were aware i was under financial duress. As if this was not self explanatory or transparent enough for any objective viewpoint, its gesture of financial insult were not enough even when paid as requested GM financial managed to pull another untrustworthy scheme for good measure, because the next move GM financial used with said late fees further aggravated and compromised said requests resulting in a third instance of breach our agreement occurred with regard to collecting on account fees misrepresentations, when once said fees were received they were misappropriated toward ongoing a partial payments- So in fact GM Financial by its own doing, mislead the consumer with regard to what fee were requested to be applied toward another intent and use breaches our contract as well. By doing this GM financial kept the consumer in the dark about the less than full payment due once the misappropriation happened. Albeit GM financial delayed the consumer notification of its own error for at least 30 days on two different occasions which was only first evidenced by consumer subsequently when invoices for new payment was received the following month. This is policy as described by many a customer service representative. GM financial 's intent to further confuse is evident from circumstances which led which to these misappropriations. This resulted in both an attempt to compound further issues with clear intent in antagonizing the consumer, myself. Attempts to correspond to get resolution which effects 6 to 7 months of payments/ interest need to be credited back toward my account, thus far my earnest attempts were met unsuccessfully, Moreover, actual monetary damages sought with regard to these instances of breach now require resolution.

Breach of contract issue # 4- Additional unauthorized terms of Deferment- additional terms imposed without written disclosure, or written authorization and is therefore are not binding. 
It turns out after several months of calling GM financial everyday- that the accumulation of my unexplained charges which account to at least, ~ $ 3,000-up to possible ~ {$5200.00} in additional fees that are not being disclosed what so ever and active avoidance of providing accounting of my payment history is being withheld, due to being requested, this dynamic can be described as a charging a new THIRD type of accruing interest not only during the time of deferment itself, but charging of that interest to the consumer directly after the deferment period ends undisclosed, given my 36 payments made, GM financial only would only acknowledge I had made 30 payments, when I stated that having signed the contract 42 months ago ( at that time ) and given I had been previously been approved for six months of deferment. This actual time of 36 months of payments made Breach of Contract issue # 5- No oral changes are binding Changes were made affecting my contract binding the terms breaching my agreement altogether.

Breach of contract issue # 6- No disclosure before, during, or after for monthly charges  going 100 % toward interest while not fully paying for undisclosed interest but line item disclosure for ongoing additional unpaid interest, NO carry-over unpaid remaining amount appeared on subsequent billing invoices as a line item say like for instance {$29.00} unpaid interest from XX/XX/XXXX, XX/XX/XXXX full payment listed= total due. Subsequently when reviewing the payments it appears, that at least 6 payments were affected, undisclosed, and to this date undocumented in printed requested payment history on or around ( # 1 ) XX/XX/XXXX, ( # 2 ) XX/XX/XXXX, ( # 3 ) XX/XX/XXXX, ( # 4 ) XX/XX/XXXX, ( # 5 ) XXXX when i received my new statement, but still no payment history as promised, said sequestered payments from my principal payment schedule per a normal amortization schedule. 


Breach of contract issued # 7- Monthly statements which suddenly changed my 36 payments remaining to 49 payments remaining???, Considering deferment for 6 months only, my scheduled cost is actually reading as 13 additional months, this13 months in error, or your suggesting the binding changes that I did not sign, are {$11000.00} in addition to my original sales contract.GM FINANCIAL on its own accord embezzled Additional costs, No such agreement was made, its pure fabrication.

At his time, We demand that due to the Breached agreement and subsequent breaches the full loan be paid off in full by GM Financial as the result of the compound abusive regarding said breach ( s ) of contract issues to date and GM financial 's gross and anticipatory negligence. After exhausting efforts to talk with every available customer service agent for over two months, including but not limited to the collection department supervisors, senior supervisors, to resolve this matter I finally was able to talk with XXXX XXXX who advised me to put my griences in writing to the attorneys after reviewing the contract documents in question. 

Since this contract is still within the first 48 months, We have made payment equalling 36 installments= {$32000.00} We demand full payoff by GM financial of {$39000.00} at this time While simultaneously crediting {$6800.00} is our demand for the damages occured as the result of the breach ( s ). Thereby full ownership of said vehicle is assumed by XXXX XXXX XXXX and GM financial will release said title, unfettered within 30 days along with notarized settlement offer of acceptance on GM Financial letterhead to avoid further litigation on this matter. 
GM financial has collected 82.4 % of the financed amount and has lost very little in this settlement offer. 

We have filed paperwork with, the DMV, CFPB, XXXX  and will additionally be filing a case with County of XXXX XXXX, the jurisdiction in which the sale was approved in 30 days from todays date for Fraud, Gross Negligence, & Breach of contract within 48 months of execution. 
Unless we can come to a mutual settlement agreement at this time. 
Reach out to me to discuss said matter at XXXX XXXX. 

Cordially, XXXX XXXX XXXX

Company response to consumer: Closed with explanation