Consumer complaint received 2024-07-11
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: General Motors Financial Company, Inc. (FL)

I recently made multiple complaints to this company of which GM FINANCIAL has responded. I also made a complaint with the XXXX  in which GM FINANCIAL responded with a written letter. I appreciated the written response although its a clear indication of FRAUD. Please note that if any portion of this complaint is deemed as invalid ( although I believe it not to be ), the rest of the complaint and individual components should be accepted as proven and investigated for proper remedy to me, the consumer. 

Please read through this and view my summary of attachments at the bottom which should allow for an adequate resolution, after many attempts of correcting the status and reporting of this account. 

For GM FINANCIAL I am and have been requesting ALL accounting statements on the public and private side according to XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Please feel free to send via my provided contact information, if any additional information is required please contact me. 

On XX/XX/XXXX I purchased a vehicle at XXXX XXXX XXXX XXXX XXXX through company GM FINANCIAL ( sometimes notes as AMERICREDIT ). I have a copy of my contract which states the amount financed as {$15000.00} with APR % XXXX. On XX/XX/XXXX the vehicle was stolen, a police report was filed and my full insurance covered the vehicle. The amount XXXX covered netted to me the consumer : {$11000.00}. This letter from progressive sent to me on Friday, XX/XX/XXXX indicated the payment was sent in full to GM FINANCIAL. On this contract I also paid for and purchased XXXX INSURANCE ( XXXX XXXX XXXX XXXX XXXX ) of which is shown in the attachment. The amount listed on the XXXX CLAIM status states : {$3300.00} which should and would cover any deficiency. This amount on the date received covers the principal balance and any interest accrued during this time period. GM FINANCIAL did not keep accurate records of this account in a timely manner and thus this account needs to be corrected to paid in full. 

In the letter they sent me there were multiple errors of which all should be corrected : 1. Paragraph 3 indicates the vehicle was involved in an accident. It was not, it was stolen and police report was filed. I see how this would be construed as a total loss regardless but just another indication of inaccurate record keeping and management of the account. 
2. The account payment history is not accurate and provides no proof or accurate record keeping that clarifies interest charges which would make the XXXX amount of {$3300.00} not cover the total amount owed. XXXX insurance exists in part to remove this risk from the consumer when a total loss happens and protect my credit rating, of which the opposite has happened. If even XXXX cent is off on these calculations and dates this whole reporting of the account should be deemed null and void and correct to paid in full and remedied. 
3. The effective date of the transaction amounts are not correct and if that is argued against me, I and we as the protection bureau will need proof of these dates via accurate record keeping on GM FINANCIAL SIDE to verify correct interest calculations and validations. Currently the payment history indicates XX/XX/XXXX the date of transaction for both progressive settlement and XXXX insurance settlement. Please prove these are the correct dates and please do not take negative action against me as the consumer for pointing out any mistakes. 
4. The address the company had on my consumer file via my credit reports was XXXX XXXX XXXX XXXX XXXXXXXX XXXX. This was never an address that I lived and in fact the address on the face of my contract was XXXX XXXX XXXX. XXXX XXXX XXXX. I was not made aware of how the company received that address. In their letter to me they claim that a " defiency letter '' was sent advising me of a remaining balance of {$250.00} and was due by XX/XX/XXXX. These dates do not add up at all as the balance and gap insurance amount was made to GM FINANCIAL a year prior. ADDITIONALLY, NO DEFIENCY LETTER WAS SENT TO ME!!!! NO RECOLLECTION OF CALLS TO MY NUMBER OR MAIL TO MY CORRECT ADDRESS, NO EMAILS TO MY EMAIL ON FILE OF WHICH I ALREADY HAD CONTACT WITH AN " XXXX XXXX '' OF GM FINANCIAL TOTAL LOSS DEPARTMENT DURING THIS PROCESS... why would they not contact me via email if there was an accurate deficiency. This company may have purposefully defrauded me to their own advantages ( potentially tax related ) as if there was a verifiable defiency after clearly indicating my concerns directly to them via phone and email relating to the purchase of a new vehicle, they would have contacted me via the last mode of contact which was email ( shown in attachment ). I would have gracefully paid an amount that was verifiable defiency despite having full coverage and gap insurance on the vehicle. No proof has been given of " multiple attempts '' or any effort at all to notify me of any " potential '' defiency. 
5. They claim the balance was subsequently charged off on XX/XX/XXXX... however via my credit report from XXXX on XXXX ( attached ) indicates a XXXX $ charge off amount, XXXX $ balance and indicated as PAID. Because there are already open investigations with the credit bureaus and GM FINANCIAL is the only one who has closed my latest complaint, I will wait to see the results from the credit bureaus before claiming their involvement in these inaccuracies. However in summary, I have credit reports from all XXXX bureaus over the last few months since my disputes with GM Financial which have clearly indicated a complete cluster mess of differences and negligence in reported information. Currently I believe this to be a result of GM Financial mishandling of the account and altering the information being reported. 

6. On or around XX/XX/XXXX I contact GM Financial via phone to again attempt to get this resolved. The representative ID number XXXX indicated the account should be read paid in full, closed with a XXXX balance. She told me exactly that. She went on to try and explain a convoluted recollection of dates and handlings of the account of which my records indicated on a past complaint that I will omit from this complaint. However I made it very clear to her that my address on file was incorrect. I gave her my new adddress again on a recorded line and made it imperative she update the correct and delete the old XXXX, instead she provided a whole new address to the credit agencies. The address I read on my report was XXXX XXXX XXXX apartment XXXX, XXXX XXXX fl. She completely negligently added a different address than what I told her after making it ultra clear I wanted the correct XXXX updated ; this is just another indication of false reporting and negligence of care on my account. When responding via letter the company completely disregarded the potential identity theft by there employee and didnt even apologize or recognize the false address that was added. I do have proof ( as of the date of this complaint the erroneus address has been removed ). 

-- -- -- -- How can something be paid in full ; yet simultaneously listed as a charge off? How can a company destroy my consumer reputation by their mishandling and record keeping of an account? It is NOT possible this company made multiple attempts to contact me about a defiency especially if they had the incorrect address and I had a previously open line of communication of which they chose not to contact me ( email via XXXX XXXX of total loss GM FINANCIAL ). 

The payment history provided is not detailed enough to indicate where a deficency would lie. The dates are all misleading throughout all these records. 

Please properly reply without closing this complaint. I ask sincerely out of need for remedy. I truly appreciate the CFPB and any assistance you can provide. 


Attachments : XXXXXXXX  CLAIM STATUS : proof of gap claim amount -- -- XXXX + XXXX XXXX. Principal balance was XXXX. Numbers and dates dont add up XXXX XXXX : my last communication with gm financial via email. Direcly communicated about this account and my worries about any defiency. No emails sent for deficiency or any outstanding balance. 

Total Loss Payoff Letter : email sent via date in CFPB complaint for the check sent to gm financial which should cover many months of payments in advance PH : document sent from GM FINANCIAL CFPB : letter sent from GM FINANCIAL XXXX : my contract sent from gm financial ( only a copy not wet ink ) Credit report XXXX : simply for reference for this complaint of the info being reported to the credit agencies. I am not complaining directy to credit agencies at this time until the other complains are further investigated, remedied and closed. 


I apologize for any errors via spelling and hope you understand I am a living breathing human being and only seek proper remedy for this account. 

Thank you so much and I look forward to adequate response and remedy.