Consumer complaint received 2022-02-15
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: General Motors Financial Company, Inc. (TX)

I have an injury committed by GENERAL MOTORS FINANCIAL towards me. I sent GENERAL MOTORS FINANCIAL , INC. a letter CERTIFIED MAIL NUMBER # XXXX on XX/XX/2022 requesting my credit balance refund Pursuant to 15 USC CH 41 1666 ( d ) also Pursuant to 12 CFR 226.11, GENERAL MOTORS FINANCIAL did not respond and now I am contacting the CFPB to help with the validation of debt, as GENERAL MOTORS FINANCIAL , INC. stated that I owe an alleged debt. I called XX/XX/XXXX to get a response as to why nothing was sent regarding the letter about the credit balance refund. I received an email on XX/XX/2022 thinking this email was regarding the response to my letter. It was not, I called on XX/XX/2022, responding to the email that was sent to me by XXXX XXXX. I called and asked about the refund, and no one was able to respond. I asked if my letter was received and I was told it was received on XX/XX/2022, and no written communication as requested has been given as of yet. I called again XX/XX/2022 and spoke to XXXX who was professional and informed me that she couldnt assist me on the number I dialed in her department that a manager would need to handle the call. She stated someone would call me back and I agreed on a 1 time phone call. I received a call back from XXXX XXXX Manager He stated he didn't want the call recorded and I stated as well that I did not want the call recorded and he stated " we do this for quality assurance '' I stated that " I do my recording for quality assurance '' He stated he didn't know me and that he doesn't have to be recorded '' I stated that I didn't know him and I choose to not be recorded. '' He said " I will submit a request '' I stated " A request? '' I do not want the call recorded period. I asked to speak to someone else who didn't want to be combative, but actually move forward with the call. He stated " it looks like you are working with an attorney so you don't need to record the call '', I stated " who informed you that I was being represented by an attorney? '' He stated well it assumes that you are based on the paperwork. '' I asked to speak to another supervisor immediately. He refused several times to get me another manager. I asked him several times for clarity, " are you refusing to get me another supervisor? '' He said " you can call back '' and informed him that " I am already on the phone. I am not calling back, you can get me to another supervisor now that I am on the line already. '' Eventually he said " ok '' put me on hold and came back and said " no one else was available '' and asked if they could call me back I replied " I am authorizing a one time call back, yes ''. He said ok someone will call you back. At XXXX cst I finished an email and sent it to XXXX XXXX to inform her of my encounter with her agents and questions about the refund and that no one had returned the call after her agent XXXX XXXX practices deceptive acts and misleading me attempting to make me think someone would call me back. GM financial closed at XXXX cst. XXXX didn't put in a request to have someone call me back. This is unacceptable and goes against GENERAL MOTORS FINANCIAL values and ethics. I have yet to receive a phone call back about the matter nor has anyone responded to the email I sent to XXXX informing her agent didnt put any request in to call me back to handle the payment arrangement. Called GENERAL MOTOR FINANCIAL , INC. again on XX/XX/2022 and spoke to XXXX XXXX who didnt have any way of helping me with a response to the letter I sent in communicating the credit refund. She wanted to pass me over to another department that handles refunds in the customer service department. I asked to speak to a manager in that department. She stated she would have one give me a callback and in the meantime we would wait for a supervisor in the customer service department that helps with refunds. XXXX XXXX returned from hold stating, They had a long wait, and she submitted the request for the supervisor to call me back to talk about the assistance program. I received a call back from XXXX XXXX XXXX and informed him that I was calling pertaining to my refund ; however, I was informed by XXXX XXXX that this department could not help me. It would be best for us not to go over the refund, but lets go over the assistance program. XXXX XXXX XXXX  stated the account was in default and I stated how?, when I sent an instrument payment on XX/XX/2022 and received CERTIFIED MAIL # XXXX. He stated the payment has not been put in the system. When informing him of the payment instrument I sent in he stated and I quote XXXX we will not be entertaining this payment you sent in he laughed you know good as well that sending in that amount will do nothing for your account. This was an attempt of XXXX XXXX XXXX  XXXX attempting to disgrace me PURSUANT to 15 U. S. C. 1692 ( e ) ( 7 ). He also took the liberty to mention that We will discuss the contract you signed with us! Informed that the contract should be null and void due to the numerous violations during the application process, I am currently aware of my rights and the misconduct GM Financial is handling with consumers is erroneous and does need to be investigated. XXXX XXXX did not even attempt to go over the assistance program but instead said take us to court, I know you have already done the research! I responded, You must not be familiar with XXXX XXXX Article XXXX XXXX, I NEED VALIDATION OF DEBT! XXXX XXXX XXXX employed with GENERAL MOTORS FINANCIAL COMPANY , INC. attempted to disgrace me and make a joke out of my character, by me exercising my rights. This is the reason we are here today. I do not trust this company to respond without the CFPB involved and GENERAL MOTORS FINANCIAL COMPANY , INC. should be following the law and should be held accountable for not following the law. I would also like to point out another fact, my account was not in default when contacting GENERAL MOTORS FINANCIAL COMPANY , INC. on XX/XX/2022, XXXX XXXX instead of going over any programs he escalated the call and never mentioned and solutions or remedies. By agent XXXX lying about someone calling me back and no one calling me back after saying someone would and no response from the department manager, CAUSING MORE INJURY PUTTING THIS SAID ACCOUNT IN DEFAULT. I am now requesting GENERAL MOTORS FINANCIAL COMPANY , INC. validate the debt and original creditor. Its Federal Law Pursuant to 18 U. S. C. Title 8, that there is no debt present. I need the debt validated and I need a written response as I am allowing this company to indeed cure this situation before I take any legal action and I WILL be taking legal action. If the debt can not be validated I need my title and the lien released as well as any debt removed indefinitely AND the credit balance refund amount that I requested in my initial contact letter. I also would like to include that before I was not aware of my rights with GENERAL MOTORS FINANCIAL COMPANY , INC. and I am very aware now. During the contract signing I was not made aware of 15 USC 1605 I was not to be charged a down payment on my property. TRUTH AND LENDING ACT also backs this same law and GM financial allowed XXXX XXXX finance manager to sit there and add insult to injury by being deceptive and misleading. GENERAL MOTORS FINANCIAL , INCXXXX non-communication is in agreement to owing the refund.