Consumer complaint received 2022-03-15
Company: ALLY FINANCIAL INC.
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX GA XXXX XXXX XXXX XX/XX/XXXX AFFIDAVIT OF TRUTH In The Matter Of : XXXX XXXX, a man / woman To : Ally Financial, a women/man : CERTIFIED MAIL Receipt # This is a formal notice to agent is notice to principal. Notice to principal is notice to agent ; nunc pro tunc. 

Dear Ally Financial, a woman/man, Notice, it is a Fact, that, I, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact.

Notice, it is a fact, affiant has reason to believe and do so believes, Ally Financial is a financial institution as defined under 15 U.S. Code 6827 ( 4 ) ( B ).

Notice, it is fact, unless Ally Financial can provide a policy or state law which shows that the aforementioned policy or state law supersedes federal law, I hereby invoke the law of presumption and invoke federal law in to address the subject matter in the affidavit herein.

You, a woman/man, have engaged in multiple violations against I, a woman, the affiant without right. I recently looked at my car contract and found many issues that are in direct violation of my consumer rights under 15 U.S. Code 1605 and 16 CFR 433.1d. I am a woman, the consumer and affiant in fact it is my understanding that I am going to tell the truth the whole truth in all matters here. Having so qualified my testimony I now take my affidavit and submit it into court record in full and state that everything in my Affidavit is the truth and the whole truth for the record. Made under penalty of perjury.

I, a woman, the consumer in fact has personal knowledge of, and asseverate the following : 1. Notice, it is a Fact, I, a woman, the consumer, and affiant know that The Fair Credit Reporting Act 15 USC 1681 was made by congress to ensure accuracy and fairness of credit reporting. The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 

2. Notice, it is a Fact, I, a woman, the consumer knows that on XX/XX/XXXX, I purchased a XXXX XXXX XXXX from XXXX XXXX XXXX XXXX and XXXX. I know that 16 CFR 433.1d is a purchase money loan that is a cash advance which is received by a consumer in return for a finance charge within the meaning of the Truth in Lending Act and Regulation Z ( see exhibit C ). I was never disclosed about a purchase money loan let alone knowing that it was actually a cash advance that was due to me. The salesman never made me aware of this during the consummation of the contract. Another violation was the withholding or not being disclosed that I was signing this money over to the finance company Ally Financial. I was told that Ally Financial would be the one who was lending me the money when in fact that was false and a lie and a violation of my consumer rights. Under the Truth in Lending Act and Regulation Z, I was lied to by the creditor because I was really giving them my cash advance, I never knew about from my purchase money loan that was due to me and signing it over to the finance company. As a consumer, I legally have a right to know that my signature is being sold/transferred to another party and the process of the finance charge. The contract is a XXXX XXXX XXXX not a XXXX XXXX XXXX as stated on top which is another lie and violation. The contract was with XXXX XXXX XXXX XXXX and XXXX but somehow Ally Financial got involved without me knowing and being fully disclosed on how. How can the dealership transfer/sell my signature and the security interest in the vehicle to another party when the contract I have with them is not even binding because technically their signature is not even on contract because the dealership can not speak nor talk so how do they have any control over what happens to the contract ; they dont. I walked into the dealership to purchase a vehicle under a consumer credit transaction per law 15 USC1602 ( see exhibit D ) and I am the original creditor per law 15 USC 1692A ( 4 ) ( see exhibit E ) but was not made aware or fully disclosed that my signature and cash advance from the purchase money loan was being sold/given to another party which is Ally Financial. This is a violation of my rights which voids the entire contract altogether.

3. Notice, it is a Fact, I, a woman, the consumer and affiant also know that 15 U.S. Code 1605 is determination of finance charge which is defined as the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. The finance charge does not include charges of a type of payable in a comparable cash transaction. If the finance charge supposed to be the sum of all charges and does not include charges comparable to cash, then why was I required and told by said dealership above and in question that I had to make a down payment in order to get the vehicle. I made a down payment of {$17000.00} cash but was not made aware or disclosed by the creditor XXXX XXXX XXXX XXXX and XXXX on XX/XX/XXXX, that I actually was not required to make said payment because its included in finance charge, but it is also illegal under 15 U.S. Code 1605. Definition of finance is to provide funding for something and in this case the funding was for a vehicle but how can I be given money for a vehicle but at the same time have to give cash in order to get the funding. This is the purpose of truth and lending to fully disclose what my finance charge is and everything that is included and said company above has violated my consumer rights by not doing so which caused me to suffer a financial hardship because the deposit for the vehicle was my savings and I did not want to put anything down towards the vehicle but again was advised by the creditor I had to. This is a violation of my rights which voids the entire contract altogether.

See exhibit A and B.

4. Notice, it is a Fact, I, a woman, the consumer, and affiant know that 15 U.S. Code 1605a explains what a finance charge includes. The finance charge should have all these included : service or carrying charge, Loan fee, finders fee, or similar charge. Fee for an investigation or credit report and Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. XXXX XXXX XXXX XXXX and XXXX a woman/man, have engaged in violations under this law because I was charged multiple fees such as inspection fee of {$21.00}, sales tax of {$2300.00}, document fee of {$75.00}, a service contract fee of {$2400.00}, and also for GAP insurance. On the contract it shows these charges as an itemization of amount financed separately from the finance charge, but I shouldnt because thats more money you are adding on to the finance charge from what you already said I was paying under the finance charge at top of the contract. Insurance is supposed to be included in the finance charge to protect the consumer against any defaults on the vehicle, so the creditor was already paid ahead of time in the case of the vehicle purchased defaulted. Since the vehicle was a total loss back in XX/XX/XXXX, the creditor advised me I owed them money to pay off rest of loan even though they already got paid so I had to include my own insurance company to pay the creditor again through my policy and the GAP insurance that was already included. The creditor already received their money for the defaulted vehicle but got another payment from my insurance company which caused my insurance to rise since they had to payout, this is double-dipping and fraud. Again, this is another violation of my rights under 15 U.S. Code 1605 that caused me financial hardship because I had to include more money out of my pocket for these fees which raised my car note even more monthly. This goes against my consumer rights that you have violated.

5. Notice, it is a Fact, I, a woman, the consumer, and affiant know that 15 U.S. Code 1605 b and 15 U.S. Code 1605c states charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges. During the consummation of the contract, I was asked did I have insurance but never stated that my insurance premium was supposed to be included in the finance charge so was supposed to be covered. I did not receive a statement or disclosure from the creditor stating that I was entitled to have my premium included in finance charge, therefore they withheld this information and lied to me throughout this transaction which is fraud.

I, a woman ... : woman, am not an expert in the law, however I do know right from wrong. If there is any man or woman damaged by any statements herein, if they inform me by facts, I will sincerely make every effort to amend my ways. I hereby and herein reserve the right to amend and make amendment to this document as necessary in order that the truth may be ascertained, and proceedings justly determined.

If the parties given notice by means of this document have information that would controvert and overcome this Affidavit of Truth, please advise me In written affidavit form within ten [ 10 ] days from receipt. Provide me with your counter-affidavit, proving with particularity by stating all requisite actual evidentiary fact and all requisite actual law, and not merely the ultimate facts or conclusions of law, proving that this Affidavit of Truth is substantially and materially false sufficiently, to change materially my Status and factual declarations. Your silence stands as consent to, and tacit agreement of, the Claim and factual declarations made herein being established as matters of fact and matters of law. I demand refund of my down payment/cash and my purchase money loan that was supposed to be given to me upfront as a cash advance with the contingency that a proof of claim can not be brought forth by XXXX XXXX XXXX XXXX and XXXX without the requested information. 

I swear to all information provided herein, I do so under the penalty of perjury that the information I so affirm to be true, correct, accurate to the best of my ability and knowledge, so be it

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