Consumer complaint received 2022-03-01
Company: ALLY FINANCIAL INC.
State: WA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
All powers of attorney have been terminated for this contract. I give Ally Financial permission to move forward with this complaint. 

I purchased a vehicle in XXXX and signed a XXXX XXXX XXXX which is now know to me to be a Negotiable Instrument. This Instrument states that it is a credit sale. The instruments provided at the signing, including the buyers order, were intended to fully satisfy the claim of debt. I was told to sign on an electronic pad which prevented me from properly indorsing the instrument ( XXXX ). 

I have asked Ally on numerous occasions throughout XXXX, XXXX, and XXXX whose credit was lent for this transaction, or alternately, if Ally had lended me money from its own general funds, to provide that accounting to show this. To the best of my knowledge, Ally did not give ANY valuable consideration in this transaction. 

I made " payments '' to the account due to the extortionate means Ally uses to threaten theft of property and defamation of character if I didn't. I did this to have clean hands in the matter while ordering Ally for the documentary evidence, which Ally never provided. 

When asked to give documentary evidence for the accounting Ally has repeatedly retaliated and restricted the account and how payment " must '' be made. 

As a result of Ally 's extortionate means I sent a payment using a postal money order. I followed the directions on the back of the monthly statement which says " You may send other messaged to XXXX XXXX XXXX, XXXX MN XXXX. Please also use this address if... you are sending a payment that is less than the amount we say you owe, but that you want us to treat as fully satisfying your debt. '' Ally responded with a form letter, unsigned by anyone stating that Ally will not accept my money order as payment on the account. Ally proceeded to send me a copy of the money order but did not return the money order or post it to the account. This is theft. Under UCC 3-603 ( b ) " 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, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. '' Since this money order was tendered for {$720000.00}, the amount discharged is {$7200.00}. This is a BREECH of Agreement and BREECH of Fiduciary Duties, and BREECH of Trust. 

Ally'XXXX XXXX shows Ally is selling " debt Securities '' off my Social Security Number without giving any consideration to me, and never gave me full disclosure. It was NOT my INTENT whenI opened the account to UNDERWRITE SECURITIES! This is breech of Trust and Breech of Agreement. 

I have also since learned that as a man, who can not be a " person '' is not authorized to use Federal Reserve Notes and to do so is a crime of Impersonation and Counterfeiting. 

I have sent Ally notice that I am unable to pay with Federal Reserve Notes as they request due to the facts that : 1. Whereas Federal Reserve Notes are a debt instrument and one can not pay any debt with a debt 2. Whereas Federal Reserve Notes have only one authorized use " Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized '' 3. Whereas Article 1 section 8 Clause 1 dictates that, Congress shall ... Pay the Debts ; and, 4. Whereas Article I, Section 8, Clause 5 grants, Congress shall have Powerto coin Money, regulate the Value thereof... and Section 10 sates, no stateshall make any Thing but gold and silver Coin a Tender in Payment of Debts. ; and, 5. Whereas in the United States, legal tender is statutorily defined as all coins and currency issued by the United States Treasury or the Federal Reserve System, including fiat money coins and notes but this definition exceeds Congresss power under the Constitution; and 6. Whereas existing legal tender law ( 31 U.S.C. 5103 ), first passed in 1862, declares Federal Reserve Notes to be legal tender but, such notes are not legal tender in the constitutional sense, because they are fiat money and bills of credit ( no longer backed by gold since 1933 ), which the Constitution forbids ( Article 1 Section 10 ) ; and, 7. Whereas according to the statutes and rules that govern the Federal Reserve System, bills and other certificates of indebtedness are obligation of the United States ( 18 USC 8 ) and as a non-citizen, non-resident, non-federal reserve agent, non-federal reserve bank Affirmant is not authorized to pay using the Federal Reserve System ( 12 USC 411 ). 

Ally must prove that I, as a live man, has any ability to pay under the law, and that I actually have a lawfully owed debt by showing me all documentary evidence.

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 monetary relief