Consumer complaint received 2024-04-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: ALLY FINANCIAL INC. (LA)

There are several inaccuracies on my consumer report according to FCRA : 5 U.S. Code 552a - Records maintained on individuals ( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 2 ) with the consent or at the direction of the consumer According to 12 CFR 1026.1 Treatment of credit balances ; account termination. I do believe your company owes me a refund being that ( a ) Credit balances.When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to acreditorin excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or throughamountsotherwise owed to or held for the benefit of the consumer ), thecreditorshall : ( 1 ) Credit theamountof the credit balance to theconsumer 's account ; ( 2 ) Refund any part of the remaining credit balance within sevenbusiness daysfrom receipt of a written request from theconsumer ; ( 3 ) Make a good faith effort to refund to theconsumerby cash, check, or money order, or credit to a deposit account of theconsumer, any part of the credit balance remaining in the account for more than six months. No further action is required if theconsumer 's current location is not known to thecreditorand can not be traced through theconsumer 's last known address or telephone number.

( b ) Account termination.

( 1 ) Acreditorshall not terminate an account prior to its expiration date solely because theconsumerdoes not incur a finance charge.

( 2 ) Nothing inparagraph ( b ) ( 1 ) of this section prohibits acreditorfrom terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance.

( c ) Timely settlement of estate debts ( 1 ) General rule.

( i ) Reasonable policies and procedures required.Forcredit cardaccounts under an open-end ( not home-secured ) consumer creditplan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased account holder can determine theamountof and pay any balance on the account in a timely manner.

UCC 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER.

Primary tabs ( a ) Aninstrumentis transferred when it is delivered by a person other than itsissuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

( b ) Transfer of aninstrument, whether or not the transfer is anegotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as aholder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

( c ) Unless otherwise agreed, if aninstrumentis transferred for value and the transferee does not become a holder because of lack ofindorsementby the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, butnegotiationof the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entireinstrument, negotiationof the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee.