Consumer complaint received 2024-07-01
Product: Vehicle loan or lease — Lease
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: General Motors Financial Company, Inc. (TX)

On XX/XX/year> the consumer entered into a lease agreement in good faith with XXXX XXXX in XXXX XXXX, California with GM FINANCIAL financing the consumer credit transaction. For discharge of the alleged debt, consumer/debtor tendered a redemption coupon fully endorsed to GM FINANCIAL multiple times as it still evidences the same form of alleged debt and also tendered a fully endorsed promissory note to GM FINANCIAL to settle the alleged debt before the first payment was due. GM FINANCIAL is alleging that the debtor/consumer owes a past due balance of around {$2600.00}. The consumer was not given full disclose as to who the debtor really is. Was there a lien on the vehicle before the consumer purchased it? Why wasnt the money purchase loan applied to the principal amount? This action by GM FINANCIAL and XXXX XXXX has made it appear that the debtor didnt perform on the public side. So the debtor/consumer informed the XXXX  in this consumer transaction that his payments were not being applied to discharge his alleged obligation. So the XXXX  in this consumer credit transaction interviewed and gave notice of subrogation and substitution to GM FINANCIAL and tendered a payment for settlement of the alleged lease debt upon acceptance by way of special deposit with a stipulation that read refusal is discharge. By tendering special deposit to settle the alleged debt on behalf of the debtor/consumer, the surety in the transaction becomes subrogee and the creditor is the subrogor and the suretys rights become higher than the creditors and the securities are now owed to the surety for payomg off the principal debtor/consumer debt. The tender of payment issued by the XXXX was refused by GM FINANCIAL and returned back to the XXXX effectively discharging the alleged debt fully per U.C.C. 3-603 and other case law ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. 

( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 

( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. 

Per House Joint Resolution 192 no company can determine how a debt is paid as there is not gold and silver in circulation. 

GM FINANCIAL representatives were advised by the XXXX in this transaction via phone calls that the XXXX would be exonerated as XXXX if his tender was refused. 
XXXX XXXXGM FINANCIAL failed to give absolute full disclosure to the consumer/debtor concerning the status of the application and promissory note being a financial asset. 
XXXX XXXXGM FINANCIAL failed to apply the consumer/debtor interest to the principal to balance their books. 
GM FINANCIAL failed to return those registered securities back to the consumer. 
XXXX XXXXGM FINANCIAL is operating without transparency and in good faith in cooperation with XXXX XXXX XXXX 
I believe that GM FINANCIAL and XXXX XXXX are involved in securities fraud due to the responses I received and lack of response and the misapplication of the debtors/consumers dividend interest to the principal account. 
GM FINANCIAL and XXXX XXXX are also obtaining unjust enrichment by taking my vehicle without giving the XXXX for the transaction anything in return. 
GM FINANCIAL has repossessed the vehicle with having a judicial hearing in violation of the arbitration agreement in the contract and per 15 U.S.C. Section 1692f.

GM FINANCIAL also gave the consumers private information away to the XXXX XXXX XXXX and the XXXX XXXX XXXX committed a breach of peace and stole the consumers good ( vehicle ) without the consumer or XXXX permission. Which Now the consumer will have to file police report for theft and file a bill in equity against the XXXX XXXX XXXX who has no contract with the consumer nor the XXXX 

GM FINANCIAL has not proved to the consumer nor XXXX that GM FINANCIAL actually loaned their money to the consumer/alleged debtor. This is fraudulent activity by avoiding full disclosure abusing fiduciary duties and wire fraud per XXXX Funds Transfer Act and conspiracy against rights. 
Banks dont loan money they borrow money and in this credit transaction the creditor GM FINANCIAL XXXX the DEBTOR XXXX XXXX and the XXXX for the transaction XXXX XXXX all are supposed to operate in good faith and transparency. 
GM FINANCIAL has not operated in full transparency and has now attempted to harm the consumer/debtors estate. 
GM FINANCIAL failed to inform the XXXX of any and all adverse actions that GM FINANCIAL was taking against the debtor. 
Breach of Trust.