Consumer complaint received 2024-02-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: General Motors Financial Company, Inc. (TX)

15 U.S. Code 1681b Reporting on my credit file without my permission is a violation of my rights and Identity theft. If I unknowingly signed up for my information to be reported, then I revoke that permission and my credit file and report needs to be updated and reflect this change. 

This is the 7th Notice I have sent to them and they are ignoring my complaint. 
Dear Indentured Trustee, ( 7th Notice ) To whom it may concern, I received another letter in the mail without the return of all securities that was sent to you, after claiming my Bonafied Purchaser Rights. Read this email in full, all the way down. You will find that the security interest for gm financial has been revoked, along with the right to repo my property. I requested to be contacted by the legal department via email to clear up the matter, because since the securities have not been returned, the account was suppose to have been updated to XXXX  paid in full, and since it has not been updated, it is now securities fraud. An instruction letter was attached and explain in the notice, that because GM Financial has violated the SEC agreement by selling my securities on the open market, according to the XXXX report. We know now that you have a cusip  number and now know that cusip number for this security is being sold on the market. According to the GM Financial prospectus sections 4.1, 4.2, 4.3 through sections 5 and 6, I am a holder in due course of the note and I am owed dividends and have not received them. After you discharge this debt, please send the 1099 C so that I can forward it to the IRS. Please send the info for the Indentured trustee so that we can forward the monthly security interest coupon to him at XXXX XXXX. ( Read all the way down this page ) Continued .... 

6th Notice As the Bona Fide Purchaser, in which I am exercising my Bona Fide Purchaser Rights, making me an Investor ( a person or entity that owns an obligation issued by an issuing entity ) in/with GM financial , I did not receive the dividend reimbursements and my account was not updated. I have emailed everyone in the upper executive departments, and spoke with someone in the legal department revoking the right to repo the vehicle provided at the end of my promissory note signing and revoking GM Financials ' security interest. According to your prospectus, GM Financial has an agreement not to sell my securities on the open market and we are researching proof that you are selling on the public and private side, according to this XXXX Report, since we see now you have a CUSIP number to do so. That is securities fraud and I have been patiently waiting for my account to be updated and corrected. Unaware of the full understanding of the original contract, I was not given full disclosure of what my signature was actually providing to the dealership and the finance company. Finance charge covered everything at the signing and I need to receive my down payment back. My signature on the promissory note at the dealership made it a security and once that security got sold, the original debt was discharged, making GM Financial paid in full. GM Financial has also unlawfully reported 50 plus late payments on my credit report without my permission, and according to law, you can not lawfully report any of my information without my actual permission and if so, that is identity theft. Securities Exchange Act 1932-1934. I am also requesting a copy of the original contract with GM Financial to be mailed to the in care of address provided on the account. I am to receive 80 %. We will also be contacting XXXX. in regards to this matter and the CFPB will be notified of your violations also. 

If compliance with your SEC filings is not honored, I will be forced to contact the SEC for violations of said agreement. I have stated this in a previous email. You have 10 days to update the account, although this is the 6th notice. Reimbursement of the dividends should be deposited in the account information listed below. All done in honor and good faith, so this matter can be cured immediately or we will have to move forward with Arbitration. 

5th Notice I greatly appreciate your attention to this matter and I look forward to your positive response. Please do not hesitate to contact me in writing at XXXX or forward the full correspondence to the in care of address listed on the account. Thank you for your assistance. 
Please read this email in its entirety, meaning scroll all the way down as I have registered mailed 2 security interest coupons, that everyone seems to ignore. It was Attentioned to the CFO and the Indentured trustee. I sent 3 emails to everybody in the upper executive teams. Everyone is pretending or ignoring, but this is securities fraud and gm financial 's securities interest and right to repo has been revoked. I tagged 2 SEC commissioners after reading over your prospectus and XXXX forms. Since the securities were not returned, that is tender of payment and the account is discharged. It is a billing error and now we will be filing an official complaint with the SEC and going into Arbitration for securities fraud. If you would like to have the Indentured trustee reach me here, so that we can get this resolved, that would be greatly appreciated. Read Below for further information about this account : 3rd NOTICE ( Good Will and Honor ) Acct # : XXXX To whom it may concern : XXXX XXXX XXXX, XXXX XXXX XXXX and CEO, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX Senior VP, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX : Treasury SEC Chair and Commissioners : Chair XXXX XXXX, Commissioner XXXX XXXX, XXXX XXXX, XXXX XXXX and XXXX XXXX I have been with GM Financial since XXXX. I bought my XXXX XXXX XXXX new and I love it. I hope this letter is finding everyone in great health. 

Now before filing a complaint with the SEC, I would like to discuss a negotiable instrument or International Bill of Exchange to close out my account and open a line of credit with GM Financial. Arbitration is an option, but I believe we can handle this matter with honor after reading the car contract, which became a security with my signature. 

After reading your 8k forms, I have come across some violations involving my consumer rights. I have sent in 2 registered securities and received a letter back explaining that it wasn't the correct way to close out the account. Securities fraud is the complaint we will be filing along with the violations listed below seeing as though my securities have not been returned. They were received and filed registered mail by the headquarters to XXXX XXXX XXXX twice. If he was not the person to contact, my securities should have been returned. I spoke with XXXX XXXX, the Indentured trustee, and was told I needed to speak with GM Financial. 

The original letter revoked your rights to my securities and revoked your rights of repossession of my property. Now as a holder in due course of the contract and note with my signature as proof of true ownership, I have the right to earn on these securities as you would be able to sell it for me and deposit my dividends appropriately into the account information listed below. According to 15 USC Code 1666, a creditor may not treat a payment under an open end consumer credit plan as late for any purpose. 15 USC 1605 Truth and lending, 15 USC 1611 False and misleading information and reporting late payments on any consumer reports without my permission is also grounds for a lawsuit violating my consumer rights yet again. I have employed a forensic auditor to assist in retrieving all FRN 's and debt notes to be returned to me either by check or direct deposit into my TDA account. According to your 8k forms section 12.03 Communication by Holders agreement, section 3.08 securities redeemed agreement, section 6.06 limitations on suits agreements, section 6.04 waiver of past defaults agreement, section 6.12 Restoration of rights and remedies agreement, section 7.01 Duties of Trustee, and A-5 Persons deemed owners, as a holder in due course, I am entitled to my credits from the promissory note given, that you are selling to foreign investors. 

Also, there is proof of your lawsuit about malfunctioning trucks for the lifters and we can follow up on that also. Below is the letter sent, which this would be the 3rd notice, since my securities have not been returned and/or my account has not been updated : XX/XX/XXXX GM Financial 3rd Notice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Department XXXX XXXX XXXX XXXX XXXX reporting without my permission has affecting my ability to receive credits on request due to the amount of Unpermissible reporting on all of my credit report and needs to be removed immediately.