Consumer complaint received 2025-04-25 00:00:00
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: General Motors Financial Company, Inc.
State: MI

Complaint narrative:
This letter serves as a formal dispute, demand for investigation, and notice of potential legal action against GM Financial regarding account # XXXX, and associated GAP insurance administered by XXXX. 

I am requesting immediate attention to the following serious issues : 1. GAP Insurance Coverage Was Purchased and Ignored I purchased Guaranteed Asset Protection ( GAP ) insurance for {$640.00} at the time of signing my auto loan on XX/XX/XXXX, with XXXX listed as the provider. Despite this, GM Financial reported a {$25000.00} deficiency balance after repossession of the XXXX XXXX XXXX, without applying or acknowledging GAP coverage. 

This constitutes a deceptive business practice and may violate both state consumer protection laws and federal UDAP statutes. If GAP coverage was denied or not filed, I demand written proof and documentation of that denial immediately. 

2. Inaccurate Deficiency Balance Reporting According to GM Financials own records : Charge-off amount : {$30000.00} Vehicle resale : {$6400.00} Final deficiency reported : {$25000.00} This reported deficiency does not account for the GAP policy I purchased and shows zero adjustments or credits. By continuing to report this to credit bureaus, GM Financial is actively reporting inaccurate, unverified, and incomplete information, which is a violation of the Fair Credit Reporting Act ( FCRA ). 

3. Failure to Cease Collection Contact I previously issued a written cease and desist. GM Financials vague response stating that they may continue to communicate to the extent allowed by law is an attempt to sidestep the Fair Debt Collection Practices Act ( FDCPA ). Further contact outside the legal exceptions will be viewed as harassment. 


4. Immediate Actions Demanded I am requesting the following without delay : Confirmation that a GAP claim was filed with XXXX. If not, an explanation and a retroactive claim filing must be initiated immediately. 
Written response from XXXX confirming the status of t

he GAP policy and claim. Immediate correction or deletion of the reported deficiency b
alance from all credit reporting agencies. 
Removal of any negative marks tied to this account including charge-offs and late payments, as the balance is being disputed. 
Written assurance of no further collection activity, including calls, emails, letters, or third-party contact. 


5. Legal Intent If this matter is not resolved within 15 days of receipt of this letter, I will escalate it through : The Michigan Attorney Generals Office A civil suit for damages due to inaccurate reporting, breach of contract, and deceptive practices. 


Enclosures : Original signed retail installment contract ( showing GAP policy purchase ) GM Financial account statement and payment history Deficiency balance statement showing no GAP applied Previous letter from GM Financial Cease and desist documentation This is your final opportunity to correct this matter before further action is taken.

Company response to consumer: Closed with explanation