Consumer complaint received 2024-10-06
Product: Vehicle loan or lease — Loan
Issue: Problems at the end of the loan or lease — Unable to receive car title or other problem after the loan is paid off
Company: General Motors Financial Company, Inc. (FL)

GM FINANCIAL IS HABITUALLY ENGAGING IN FRAUD AND NEEDS TO BE HELD ACCOUNTABLE IMMEDIATELY. They have reported falsely on my credit report for XXXX years and it has had a dramatic unfathomable negative affect on life ever since. Including but not limited to, stress induced health conditions, denials of credit, inadquate housing, inability to obtain adequate and affordable housing and transportation, inability to maintain good credit history or build history to be able to purchase a home, higher interest rates on all credit related items and much much more. Additional background info can be found on previous disputes, complaints and attachments. On letter date XX/XX/XXXX from GM FINANCIAL, it was confirmed they finally will be correcting the account to be paid in full and no negative transaction history with a refund check of the {$250.00} charge off amount and an unknown additional {$9.00} amount check sent to my correct address on file. When I received this call to confirm this a couple months back I finally thought this was going to be corrected but unfortunately this company wants to continue to violate rules and people and break the laws. This vehicle was total loss completely covered by insurance and gap insurance. I have spent the last 8 months disputing, phone calls, complaints, research, identity theft reports, due diligence, following up, submitting documents, calling credit agencies, calling GM financial. I probably lost over XXXX hours of time I could have been working or making income. GM FINANCIAL, XXXX, XXXX, AND XXXX have multiple violations in relation to this account. My next course of action will need to be legal however I am hopeful and confident with the help of the CFPB this matter will be resolved within the time frame given on this notice. 30 days since this notice/complaint has been received. The violations at hand include FCRA, FDCPA, TILA VIOLATIONS ( the GAP insurance payout was not properly reflected and communicated ), BREACH OF CONTRACT, WILFUL NONCOMPLIANCE, NEGLIGENCE, FRAUD, PRIVACY ACT OF XXXX AND MUCH MUCH MORE. This IS ALL be proven with the below information, past complaints disputes, the attachments on this complaint and past ones. 

Being that I havent received my refund check after me told in writing and on phone that it would be sent I decided to call GM financial yesterday XX/XX/XXXX. After entering my personal information the virtual assistant confirmed that my account was paid in full and they would be mailing my title within in XXXX days. Keep in mind I have not received anything from them about title. This was the first red flag as this was a total loss fully covered by insurance and XXXX XXXX in XXXX of XXXX per the documentation. The first representative I spoke with put me on hold for about XXXX minutes, said she was getting mixed information and talking to her manager. When she finally got back on the line she told me that the check was mailed to me. The check was mailed to XXXX XXXX XXXX XXXX  XXXX which is NOT MY ADDRESS. I have changed this address with GM Financial more than once and I even had to file a FTC identity theft report as when I did originally change the address the first time to my current one the representative added a completely different incorrect address to the credit reports. They literally just hand out and misuse your personal information left and right. If the check was mailed to this non residential address which has been clearly corrected with GM Financial, my personal information could be in the wrong hands which puts me and my family at serious risk. She apologized and said she had no idea why it was sent there especially because they had the different correct address on file. The next representative I called yesterday put me on hold for about an hour. She was very confused on the file information and could not provide any info about the refund at first or the history on the account. She claimed she called the total loss department and to speak with a manager, the manager told her that it was NEVER a total loss and that it was paid in full via a ghost payment. She then went on to say she didnt have any idea what that even is and nothing was adding up. If they are saying it wasnt a total loss and per the virtual assistant I should have the title. Yet in previous communications from them I have letter saying when it was declared a total loss and them then lying and manipulating things to make it show a defiency. Clearly they are engaging in unfair business practices and do not care to destroy peoples lives in the process. 

The fact of the matter is that {$250.00} and {$9.00} checks do not even come close to the monetary relief required at this point. Per the law and as stated in the remedy requested, GM FINANCIAL XXXX XXXX AND XXXX all need to be held accountable and made an example of. I did nothing wrong and these companies all knew very well they were breaking the law the first time I complained and disputed this account. XXXX has corrected it to show paid in full with exceptional payment history clearly showing they agree they have been falsely reporting and breaking the law rules this whole time. XXXX STILL SHOWS THIS ACCOUNT AS A CHARGE OFF!!!!! Currently XXXX XXXX even allow me to access my XXXX XXXX but I think that is do the FTC report filed. How in the heck does GM Financial claim to correct it all to be paid in full with exceptional payment history yet these things are still not happening in compliance with the laws rules codes and statutes. Below I will reference the multitude of violations and all of my past disputes attachments and current attachments more than prove this. Please help immediately so I can put this behind me and move on with life unhindered. 

Firstly the identity theft report was filed for GM financial and is shown in the attachment when It became very clear this company is mishandling and manipulating and falsely reporting personal information that I did NOT authorize.

12 CFR 1022.3 Definitions -Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 

I clearly articulated my address over the phone and the representative added a completely new non existent address. Then I hear months later after attempted correction to be paid in full they mailed my supposed " refund check '' to the original false address that isnt even residential. Absolutely horrendous. The information was also not blocked within 4 days of this report on experian and XXXX to my knowledge as required by law. 

Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

- ( b ) Accuracy of report -Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

ALL OF THESE COMPANIES VIOLATING COMPLIANCE ^^^ None of them conducted reasonable investigations and even you can see that Transunion worsened the reporting on this account after I had disputed it which seems like a retaliatory act! 

I am fully aware of the XXXX and XXXX forms for all of these companies online and what they promised to do and not do. I am aware the CFPB has knowledge of these things as well.

15 U.S. Code 1681n - Civil liability for willful noncompliance - ( a ) In general -Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of - ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or - ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; Each month this charge off or late payment was reported is a violation and wilful non compliance on this account by each company listed.

TILA VIOLATION -- -The gap insurance payout was not reflected properly and communicated per the debt validation letter sent to me XX/XX/XXXX by gm financial. These documents can be found in attachments on this and the last cfpb complaint with gm financial where. They tried to hide their mistakes and apply non existent penalties. I have read through the entire TILA act and this is a no brainer violation. 


Additionally per the attachments you will see email snips of gm financial harassment saying the account is past due, even after my response explaining this was in dispute they continued to send harassing email proven below. Not long later you will see the refund email they sent proving they are finally owning up to their mistake, except they dont even know what they're doing. 

If this is not resolved within 30 days my next course of action will need to be legal. First with GM Financial and then XXXX, XXXX AND XXXX. I am not afraid to stand proud as a whistleblower. I have kept a paper trail of all of this and I just want remedy in the amount required by law. I sincerely appreciate the cooperation of all companies involved and help/protection from the CFPB. Please if for any reason you need additional information do not hesitate to contact me at my email and phone number provided.