Consumer complaint received 2024-04-28
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: ALLY FINANCIAL INC. (TX)

Both XXXX XXXX XXXX XXXX XXXX XXXX and Ally Financial are in several violations of the law and will be held to criminal liability pursuant to 15USC 1611. After carefully looking over the purchase agreement, I found the following sections of the law were violated ; 15USC 1635 ( a ), 15USC 1611, 15USC1605 ( a ), 15USC 1662 ( 2 ), 15USC1605 ( c ), which voids our retail installment agreement due to the actions taken and I hereby, revoke my signature on any agreement both parties may have on file as the original creditor in this transaction. The dealership XXXX XXXX XXXX XXXX XXXX XXXX failed to disclose before the retail installment agreement was initially signed that under Article 8 of the UCC, the vehicle or property obtained through this consumer credit transaction was paid for with the security ( my social security number I extended to you via my finance application ). The total cost of the vehicle or property obtained, shown in our agreement is {$33000.00} that I never received from the financial institution Ally Financial. Furthermore, as shown in our agreement, a downpayment of {$1000.00} was required by your dealership towards this consumer credit transaction which was illegal and violates sections:15USC 1662 ( 2 ) & 15USC1605 ( a ) ; According to 15USC1605 ( a ) ; The finance charge does not include charges of a type payable in a comparable cash transaction. In reference to the violation above, Ive been paying insurance at $ XXXX for the property obtained during this consumer credit transaction which violates 15USC1605 ( c ) because the law clearly states, insurance is included in the Finance Charge as well as the sum of ALL charges ; ( C ) Property damage & liability insurance premiums included in finance charge - Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge. I am hereby requesting in good faith and honor, the rescission disclosures you conspicuously provided me along with the statement required under this subchapter before the original agreement was signed. This notice is pursuant to 15USC 1635 ( a ) DISCLOSURES OF OBLIGORS RIGHT TO RESCIND - XXXX XXXX XXXXXXXX XXXX XXXX  violations of the law is no excuse, as these disclosures are mandatory to be provided to the consumer or retail buyer under Truth In Lending 15USC 1635 ( a ). This notice is to inform Ally Financial and XXXX XXXX XXXX XXXX XXXX XXXX that I am exercising my right to rescind our agreement in this consumer credit transaction, as it is voided by violations.I refuse to pay any alleged debt or anymore payments to Ally Financial and I order both to CEASE AND DESIST all collections activity regarding any alleged debt. You have no authorization from me to contact any third party or consumer reporting agency with my nonpublic personal information. According to 15USC 1692 ( c ) c Ceasing Communication - If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the Consumer with respect to such debt. According to 15USC1635 ( B ) RETURN OF MONEY OR PROPERTY FOLLOWING RESCISSION - In this notice, Ally Financial has been given 20 days from the receipt of this rescission notice by the obligor on XXXX to pick up the property obtained during this consumer credit transaction parked at my physical address located at XXXX XXXX XXXX XXXX, XXXX, TX XXXX. This section ( B ) states - If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. Ally Financial failed to pick up the tendered property during the 20 period ( XX/XX/XXXX ) - ( XX/XX/XXXX ) it was made available to them pursuant to this section 15USC1635 ( B ). According to this section of the law, Ally Financial must transfer the title of the vehicle to the me the obligor because I am now the owner of this property as the original creditor in this transaction. After ( XX/XX/XXXX ), if Ally Financial attempts to illegally repossess the vehicle or property obtained, they will be held criminally liable for violations of 15USC6802 ( B ) and 15USC 1692F ( 6 ). According to 15USC1692 F - A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. Pursuant to 15USC 6802 Section B - Ally XXXX XXXX XXXX XXXX XXXX XXXX may not disclose any of my nonpublic personal information to any third party any further. I am exercising my nondisclosure option that was violated due to your company contacting the consumer reporting agencies without providing me with all 3 of my privacy disclosures ( A-C ) for the opportunity to OPT OUT of such information being disclosed to such third party and you shall do so no further. b ) Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option., I am seeking my downpayment of {$1000.00} paid towards this consumer credit transaction as well as the full finance charge in the original agreement and all cash payments paid monthly to Ally Financial since ( XX/XX/XXXX ) along with {$1000.00} for each violation ( 15USC1692K ) for deceiving me to sign this voided contract and make cash payments under advertisement of false information. The finance charge was {$14000.00} The downpayment or cash transaction made on ( XX/XX/XXXX ) was {$1000.00} the total balance I paid to Ally Financial since ( XX/XX/XXXX ) is {$3400.00} and theres a total of XXXX violations found in our agreement. In this consumer credit transaction, Ally Financial owes me the consumer a total of {$23000.00} and the Title of the vehicle for the actions taken during this transaction/agreement. In this complaint, I have included scanned copies of my notarized notices sent to both parties and the original agreement below.