Consumer complaint received 2022-03-19
Company: ALLY FINANCIAL INC.
State: DE
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
XX/XX/XXXX Notice to Agent is Notice to Principal. Notice to Principal is Notice to Agent To : ALLY FINANCIAL XXXX XXXX XXXX XXXX, MN XXXX XXXX Re : AUTO LOAN Re : XXXX To Whom It May Concern, For the record on the record and let the record show that I, XXXX XXXX ( blood flesh human being, Natural Person XXXX XXXX  am not XXXX, XXXX XXXX, XXXX or XXXX nor a XXXX or XXXX artificial corporate construct written in all capital letters XXXX XXXX of unclean hands of others, Declare that : I reserve all of my rights and do not waive any of my rights. In response to the alert posted to the account in the intent to extract unconstitutional money, bill of attainders and law impairing the obligation of contracts I conditionally accept your offer upon proof of your claim that my signature for Account # XXXX did not 100 % pay off my loan in full at closing with XXXX XXXX XXXX XXXX XXXX of XXXX in XXXX, PA. 

I also conditionally accept your offer upon proof of the Original Wet Ink Contract as proof of obligation to pay any alleged debt to ALLY FINANCIAL.. 

*If you have purchased and/or acquired a debt, it is YOUR obligation to pay it. As the account shows no negative charge to owe. 

Constitution for the United States of America Republic Article VI : This Constitution, and the laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Constitution for the United States of America Republic - Article I section 10 : No state shall enter into any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

Pursuant to Congress House Joint Resolution 192 Chapter. 48, St. 112 The Federal Government shall discharge Dollar for Dollar all debt.

Contract is derived from the Old Moorish Latin word, contrahere and means to draw ; to agree upon ; to establish by agreement ; to enter upon ; and to undertake, mutually.

Contracts are essentially manifest written or oral agreements or covenants that are mutually entered into by two or more parties : involving or bringing the said parties into conditional obligations which are enforceable by Law. Contracts may be classified in accord with the nature and elements that initiated their constructions, etc. A Contract is thusly a Promissory Note or Covenant made between the identified and the competent parties that Creates. Modifies or Destroys a legal relation, upon sufficient and non-vague considerations, which demands of a party to the contract to do or perform, or not to do or perform, a particular thing. A valid and lawful contract must meet the following criteria : A. A Contract must show, in its preliminary making and construction, the clear and Substantive Offer made by one party, and demonstrate the Mutual Acceptance affirmed by the other party.

B. A Contract must be producible ( and exist in evidence ) upon demand made by either party to the Contract, which in itself, may be in question, dispute, or controversy.

C. A Contract must be produced in manifest writing, ( evidence ) and contain the details of the agreements, debts, or promises, with all the terms, the obligations, and the conditions, which clearly show and serve as proof that a valid and enforceable obligation, promise, or debt, exists.

D. A Contract must be a deliberate and conscious agreement made between competent parties.

E. A party to a contract can not be a minor.

F. A Contract must be entered into by free-will.

G. A Contract must not be created under threat, duress, or coercion, lest it be void in law.

H. A Contract must be substantive and germane to the subject matter.

I. A Contract must be of legal consideration. It can not be based on an unlawful consideration.

J. A Contract must possess Mutuality of Agreement, and Mutuality of Obligation.

K. A Contract must not be vague, unclear, uncertain, nor can it contain terms or conditions that are not ascertainable.

L. A Contract must show valid signatures of the parties to the Contract instrument, in order to verify its validity in law. ( WET INK SIGNATURE OF ORIGINAL CONTRACT ) Note : If a Contract fails to satisfy the laws that govern its making or construction, then any such Contracts is void Ab Initio, and is considered dead in the view of Law.

I, name am Not a Consumer as defined by the Fair Debt Collection Practices Act ; Subsection 803 ( 3 ). The term consumer means any natural person obligated or allegedly obligated to pay any debt.

If Re-insertion of a negative item is included with closure of account Consumer Financial Protection Bureau will be notified for an investigation. A UCC-11 Information Search will be submitted For the Record and filed in my financing statement as proof of no debt existing.

Res Judicata/ Stare Decisis Failure to reveal the material facts of a license or any agreement is immediate grounds for estoppel. Lo Bue v. Porazzo, 48 Cal.App.2d 82, 119 Fraud is any kind of artifice employed by one person to deceive another. Goldstein v. Equitable Life Assur. Soc. Of U.S., 160 Misc. 3664, 289 N.Y.S. 1064, 1067.

Fraud is a generic term, embracing all multifarious means which human ingenuity can devise, and which are resorted to by one individual to get advantage over another by false suggestions or by suppression of truth, and includes all surprise, trick, cunning, dissembling, and any unfair way by which another is cheated. Johnson v. McDonald, 170 Okl. 117, 39 P.2d 150.

Bad faith and fraud are synonymous, and also synonyms of dishonesty, infidelity, faithfulness, perfidy, unfairness, etc. Joiner v. Joiner, Tex. Civ. App., 87 S.W.2d 903, 914, 915.

Accord and satisfaction if done once Is sufficient even if an additional payment is tendered at a later date. Should a debtor make such an additional payment, said debtor is entitled to Reimbursement of all subsequent payments. Austin v. Padgett, Miss. 1996, 678 so. 2d 1002 1 ) I Thank you in advance for your immediate and express cooperation and service. You have 10 ( ten ) days, upon receipt of this Certified Mailing of this Affidavit of Fact : Writ in the Nature of Discovery to rebut the foregoing facts constituting this Affidavit of Fact as well as the form ( s ) 1099- OID ( Original Issue Discount ), XXXX, and XXXX of the alleged Account number # XXXX Failure to competently rebut this Affidavit of Fact point for point renders any and all judgment in my favor by default tacit acquiescence. 

Please send me the following requested documents constituting this Affidavit of Fact 2 ) Proof of your claim that my signature for Account # XXXX did not 100 % pay off my loan in full at closing with ALLY FINANCIAL.. 

3 ) Proof of the Original Wet Ink Contract as proof of obligation to pay any alleged debt to ALLY FINANCIAL.

4 ) Form ( s ) 1099- OID ( Original Issue Discount ), 1099-INT, and W-9 of the alleged Account # XXXX XXXX ) If you can not provide the rebuttal to this Affidavit of Fact point for point with the following documents that are listed then I am demanding you to clear this debt amount of {$21000.00} that is attached to the alleged account # XXXX. 

with all 3 credit bureaus within 10 days of this Certified Mailing. Failure to competently rebut this affidavit point for point along with the requested documents renders any and all judgment legally and lawfully in my favor by DEFAULT and will be used as Evidence in the court of law. 


Honor Always, XXXX XXXX, American Citizen ALL RIGHTS RESERVED U.C.C 1-308

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