Consumer complaint received 2022-08-16
Company: ALLY FINANCIAL INC.
State: AL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
violation of law and fraudulent acts AFFIDAVIT OF TRUTH Notice of Default NOTICE TO AGENT IS NOTICE TO PRINCIPAL. 
NOTICE TO PRINCIPAL IS NOTICE TO AGENT. 

XXXX certified mail # : Date : XX/XX/XXXX To : XXXX XXXX. XXXX. / XXXX XXXX. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. 
For Ally financial XXXX XXXX XXXX, XXXX XXXX XXXX DE XXXX Respondents : XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX titled XXXX XXXXXXXX XXXX XXXX ( OWNER TRUSTEE OF ALLY AUTO RECEIVABLES TRUST ) XXXX XXXX XXXX # XXXX XXXX, Delaware XXXX Return receipt XXXX XXXX  XXXX : Family of XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX and XXXX XXXX XXXX XXXX OF XXXXXXXX XXXX XXXX XXXXXXXX WHO IS INDENTURED TRUSTEE OF business entity titled ALLY FINANCE LLC XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX  NEW YORK XXXX Return receipt : XXXX. : Family of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX WHO IS INDENTURED TRUSTEE OF business entity titled ALLY FINANCE LLC XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX, NEW YORK XXXX Return XXXXeceipt : With Completion of Service and designation of Witnesses To : XXXX. : Family of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX United States Attorney General U.S Department of Justice XXXX XXXX XXXX XXXX XXXX Washington DC XXXX XXXX XXXX Mail Return Receipt : XXXX : Family of XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX State of Alabama Attorney General State of Alabama Department of Justice XXXX XXXX XXXX XXXX, XXXX XXXX AL XXXX XXXX Mail XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX for XXXX XXXX : XXXX, Estate c/o XXXX XXXX XXXX XXXX XXXX, Alabama XXXX XXXX XXXX [ XXXX XXXX XXXX Principal RE : Account Number XXXX Dear Sir XXXX Madam XXXX To whom it may concern this is a formal notice of FRAUD found in my consumer credit transaction contract that was assigned to Ally Finance that makes it null and void due to FRAUD imposed on the consumer. Fraud voids all verbal or written agreements. I will testify under penalty of perjury that I am the consumer in fact and the only natural person with any personal knowledge pertaining to this Consumer Credit Transaction. I will testify to the following as fact : 1. Fact, I a man living breathing, affixed my signature to a promissory note ( account number XXXX ) without knowledge of the complete contract and all terms of that contract as well as the fraud being perpetrated upon me in that contract. I was illegally charged a finance charge that did not include the sum of all charges related to my consumer credit transaction. I was unlawfully forced to present a cash down payment in connection to this transaction which are all violations of 15 USC 1605.

2. Fact, pursuant to 15 USC 1635 ( f ) in the case of any consumer transaction in which a security interest including any such interest arising by the operation of law, meaning not limited to only a principal dwelling, but ANY contract which includes a security interest, the OBLIGOR shall have the right to rescind the transaction until midnight on the third business day following the consummation or the day the agreement was signed. 
3. Fact, the rescission forms are REQUIRED by 15 USC 1635 and must be delivered together with a statement containing the material disclosures in accordance with 15 USC 1602 ( v ) required under TILA.

4. Fact, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau the obligors right of recission. 
5. Fact, I did not receive any forms or clear and conspicuous verbal, written, or video explanation on my right to rescind.

6. Fact, the consumer has the right to exercise the right of rescission after three years from consummation of the agreement in accordance with 15 USC 1635 ( f ) and the creditor is required to fully disclose that information to the buyer.

7. Fact, pursuant to 15 USC 1635 ( b ) upon the right of rescission, I the affiant am no longer liable for any finance charge.

8. Fact, the creditor must terminate any security interest.

9. Fact, I revoke all signatures for good cause, and without recourse to me ( UCC 1 415 ; 1-308 ) 10. Fact, the creditor must return any money or property, earnest money, down payment of {$500.00} or otherwise all past payments made to Ally financial and because the property has been delivered and is in my possession, I have the right to retain possession of the property.

11. Fact, this notice should also serve to cease and desist all communication and collection attempts from Ally Finance.

12. Fact, 15 USC 1693 states that no writing or other agreement between a consumer and any other person may contain any provision in which constitutes a waiver of any rights. Any creditor who fails to comply with any requirement imposed under, in the case of an individual action, the creditor will be liable for twice the amount of the finance charge and any actual damage sustained by the creditor. 
XXXX3. Fact, Ally Finance has failed to comply with all parts of the Truth In Lending Disclosure.

14. Fact, Ally Finance was also told to cease and desist which stated that you both must cease and desist communication through any and all mediums which would mean via telephone, consumer reporting agencies, and third-party companies such as the towing company that you could try to illegally send out to repossess my vehicle. Ally Financial was also made aware that I refused to acknowledge the alleged debt.

15. Fact, Pursuant to 18 USC 8 all debt obligations are securities that are owed to the United States. Ally Finance is not a US attorney, an assistant, or designated to act on behalf of the US attorney, or an attorney or the US department of Justice or a Federal agency with litigation authority, which means the head of agency with any accompanied private attorney must have a contract made in accordance with Section 3718 of title 31 to conduct any litigation or collection of debts pursuant to 18 USC 8 on behalf of the United States and otherwise would have no right.

16. Fact, Ally Finance has to no contract with the United States to collect any alleged debt. Ally Financial is in violation of 15 USC 57b states that if any person, partnership, or corporation engages in any unfair or deceptive acts after a cease-and-desist order was in place are liable to have civil action bought upon them.

17. Fact, Ally Finance has continued reporting to consumer reporting agencies about me and they have also continued to contact me via postage mail.

18. Fact, Ally Finance is in violation of 18 USC 1962 which states that it shall be unlawful for any person who has received any income derived, directly, or indirectly from a pattern of racketeering through the collection of an unlawful debt.

19. Fact whoever is in violation of 18 USC 1962 all be fined under title 18 or imprisoned not more than 20 years. Ally Finance is also in violation of 18 USC 894. Ally Finance has used extortion as a means of collection of a credit extension.

20. Fact, Ally Finance knowingly participated in the use of extortions to attempt to collect an extension of credit.

21. Fact, Ally Finance agents shall be fined under title 18 and not imprisoned for more than 20 years.

22. Fact, Ally Finance has also harmed my reputation to extort me.

23. Fact, Ally Finance was sent a cease-and-desist letter, I have reached out via phone to speak with agents and also sent messages via their online portal. They have since continued to harm my reputation by reporting negative information to my consumers report to extort me for repayment and as a punishment for non-repayment. I will be petitioning the courts to help me settle this case if my titles and all other above demands are not met.

24. Fact, I DEMAND ALL DOWN PAYMENTS AND FINANCE CHARGE BE REFUNDED TO ME THROUGH CERTIFIED CASHIERS CHECK. ALSO ALL LIENS BE RELEASED AND CLEAR TITLE SENT TO ME, THE OWNER OF THE VEHICLE.

25. Fact, I am also seeking monetary compensation for the pain, suffer and deformation of character that has occurred during this entire ordeal.

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