Consumer complaint received 2022-11-08
Company: ALLY FINANCIAL INC.
State: NY
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
original 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 XXXXXXXX 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, XXXX XXXX XXXXXXXX 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 '' [ XXXX XXXX XXXX, XXXX XXXX XXXX pg. XXXX ] XXXX. ) A consumer contract is not sufficient evidence of a debt [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX, XXXX XXXX ( XXXX ) ] XXXX XXXX XXXX - 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. '' [ FOLLOW UP REBUTTAL ] You claim not to be a debt collector yet federal specifically states the actions you are taking are indeed, by definition, a violation of The United States Code 1692a ( 6 ).

I have taken the liberty of providing an excerpt of the cited federal law.

( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. 

In this excerpt it is vivid what the exceptions are for which to be excluded from being labeled a debt collector. Sadly ALLY FINANCIAL does not fall under pretenses of the exclusion list ; henceforth labeling this corporation and its practices as a debt collector. 
You also made mention of the court case XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX ) This case fails to address two major points that still point the finger at your corporation falling under the Fair Debt Collection Practices Act ( FDCPA ). Your corporation is still a 3rd party. Which means your financial institutions continues to fall under the umbrella term of debt collector On another note you made mention of repossession of the my property pursuant to On another note you made mention of a retail installment contract which i have so graciously provided as evidence of your fraud. 15 USC 1692j states the furnishing of deceptive forms and this fraudulently crafted consumer credit contract was made to appear like a retail installment agreement. When taking into account contract law and what is really going to be litigated the text within the boxes appears blank, So realistically speaking on every page where there is a big box and just a signature outside of the box the judge will only see my signature and a blank page. This idea is also reaffirmed in the United States Manual styles book where in court anything that is out within ( ), parenthesises, brackets [ ], or is within a box is actually not on the page. 
So in reality the retail installment agreement is really a contract that was crafted for me to give Ally financial a security interest in the actual tangible property. Henceforth, Ally financial has committed contract fraud and is since the inception of this extension of credit, in breach of contract because there in reality was never a full disclosure of terms from ally financial to the consumer. Lastly confirming once more that Ally Financial was and still is a 3rd party debt collector to a transaction they did not originate, but were assigned without recourse from XXXX XXXX XXXX. 
Pursuant to 12 USC 8, the job of a bank is not to lend money. So Ally financial also has a fraudulent security interest in the title to the actual property. 
15 USC 1692e - false or misleading representations ( 2 ) the false representation of - A. The character, amount, or legal status of any debt ( 4 ) the representation or implication that nonpayment of any debt will result in the arrest of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 
( 5 ) the threat to take any action that can not legally be taken or that is not intended to be taken.

( 6 ) the false representation or implication that a sale, referral, or other transfer of any interest In a debt shall cause the consumer to - A. Lose a claim or defense to payment of the debt of B. Become subject to any practice prohibited by this sub chapter. 
Now in the rebuttal ALLY FINANCIAL sent me, when this debt was being disputed they said they were trying to repossess the automobile and that pursuant to the fraudulent security interest I signed thinking I was doing a bona fide extension of consumer credit turned out to be fraud. 
I have been the victim of fraud fact ;, I have been abused by a debt collector engaging in unfair practices, fact ; Pursuant to 15 USC 1692a ( 2 ) the term communication means any conveying of information regarding a debt directly or indirectly to any person through any medium. 
Any meaning no restriction, and medium includes any oral, written, electronic, or other medium. Therefore, sending statements, letters congratulating the consumer of their new vehicle purchase, responding back to these complaints pushing the agenda that these alleged debts are indeed owed. Reporting this information on my consumer credit report pertaining to the details of the transactions or payments is a violation of the Fair Debt Collection Practices Act ( FDPCA ).

Pursuant to 15 USC 1692c ( c ) I am hereby providing you formal notice to cease any further communications regarding this account immediately. This includes but is not limited to phone calls, emails, social media, or any Consumer Reporting Agency. 
Any future correspondences from your corporation, with the exception of communication of you confirming your acknowledgement of this letter, is in violation of the fair Debt Collection Practices Act. 
If you do not cease communication a affidavit will be drafted containing attached documents and correspondences and a lawsuit will be commenced upon you. 
CFPB complaint number : XXXX,

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