Consumer complaint received 2024-06-24
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: General Motors Financial Company, Inc. (NC)

I was made aware of the possibility of contractual fraud through diligent study and that XXXX XXXX  XXXX XXXX XXXX ( hereafter XXXX XXXX  ) became the debt collector for a XXXX ( Retail Installment Sales Contract ) that I endorsed from XXXX XXXX XXXX XXXX XXXX on XX/XX/XXXX and another on XX/XX/XXXX and the final endorsement on XX/XX/XXXX. Since the dealership failed their fiduciary responsibility and did not disclose the proper Truth and Lending of the XXXX I signed the contract with a blank endorsement and was not made aware that the XXXX would be sold and that my credit indeed tendered the total for the XXXX XXXX XXXX XXXX. During the time I possessed the Grand Caravan I tendered no payments but contacted XXXX XXXX routinely from XX/XX/XXXX until XXXX XXXX  ordered a foreign collateral retrieving company to commit larceny ( XX/XX/XXXX ) under XXXX ( XXXX XXXX XXXX XXXX ) XXXX. Larceny of property ; receiving stolen goods or possessing stolen goods. 
( a ) Larceny of goods of the value of more than XXXX XXXX dollars ( {$XXXX} ) is a Class H felony. The receiving or possessing of stolen goods of the value of more than XXXX XXXX dollars ( {$XXXX} ) while knowing or having reasonable grounds to believe that the goods are stolen is a Class H felony. Larceny as provided in subsection ( b ) of this section is a Class H felony. Receiving or possession of stolen goods as provided in subsection ( c ) of this section is a Class H felony. XXXX XXXX  continues to refuse to submit the validation of the alleged debt pursuant 15 U.S.Code 1692g ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. XXXX activities and communications that do not otherwise violate this subchapter XXXX continue during the XXXX period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the XXXX period XXXX not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 
XXXX XXXX repeatedly reports a Charged-Off/Written-Off debt to the Consumer Reporting Agencies in the attempt XXXX damage my credit standing and my full faith and credit credentials. XXXX XXXX has reported the same alleged debt XXXX times in XX/XX/XXXX. XXXX XXXX violated XXXX Chapter 75 Article 2 7553. Unreasonable publication. 
No debt collector shall unreasonably publicize information regarding a consumer 's debt. Such unreasonable publication includes, but is not limited to, the following : ( 1 ) Any communication with any person other than the debtor or his attorney, except : a. To designated third parties with the written permission of the debtor or his attorney. 
b. To persons employed by the debt collector, to a credit reporting agency, to a person or business employed to collect the debt on behalf of the creditor, or to a person who makes a legitimate request for the information. 
c. To the spouse ( or XXXX who stands in place of the spouse ) of the debtor, or to the parent or guardian of the debtor if the debtor is a minor and lives in the same household with such parent. If the debt collector has a good faith belief that the exception set forth in this subsubdivision applies to a particular communication, that communication shall not be a violation of this subsubdivision. 
d. For the sole purpose of obtaining location information about the debtor, if no indication of indebtedness is made. A debt collector making a communication under this subsubdivision shall : 1. Identify himself or herself, state that he or she is attempting to confirm or correct location information about the debtor, and, only if expressly requested to do so, identify his or her employer.

2. Not state that the debtor owes a debt.

3. Not communicate with any particular person more than once per week or a total of XXXX times during any XXXX period unless requested to do so by the person. 
e. Through legal process. 
( 2 ) Using any form of communication which ordinarily would be seen or heard by any person other than the consumer that displays or conveys any information about the alleged debt other than the name, address and phone number of the debt collector except as otherwise provided in this Article.

NC General Statutes - Chapter 75 Article 2 3 ( 3 ) Disclosing any information relating to a consumer 's debt by publishing or posting any list of consumers, except for credit reporting purposes and the publication and distribution of otherwise permissible " stop lists '' to the pointofsale locations where credit is extended, or by advertising for sale any claim to enforce payment thereof or in any other manner other than through legal process. ( 1977, c. 747, s. 4 ; 1979, c. 910 ; 2015177, s. 2. ) It is therefore safe to conclude without a shadow of doubt the GM FINANCIAL, et al has conspired since XX/XX/XXXX to destroy my Consumer image and to destroy my XXXX score. We are currently in the beginning stages of Arbitration now.