Consumer complaint received 2024-11-05 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: General Motors Financial Company, Inc.
State: WA

Complaint narrative:
XX/XX/XXXX Sent Via US Certified Mail # XXXX XXXX XXXX XXXX XXXX and via the CFPB portal AmeriCredit Financial Services Inc. dba GM Financial Attn : Credit Disputes/Billing Error Dept. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX Re : Billing Error Dispute Notice for Account No. XXXX Dear Credit Disputes/Billing Error Division : We are in active litigation with each other XXXX XXXX AMERICREDIT et al, Case # XXXX/Ninth Circuit, Case # XXXX. 

I am disputing the total contract amount of {$63000.00}, along with the alleged financed sum of {$30000.00}, for which I have never received any monetary consideration, in violation of 15 U.S.C. 1638 ( a ) ( 2 ) ( B ) ( i ) ( ii ) ( iii ) ( iv ). These amounts pertain to a fraudulent and forged Retail Installment Sale Contract ( RISC ) dated XX/XX/XXXX, which I only discovered in XX/XX/XXXX when GM Financial was asked to provide debt validation and a copy of the original contract/note. This contract is fraudulent and illegal, as it was created without my knowledge or consent, and it contains eight forged signatures purported to be mine. Moreover, I made a down payment of {$22000.00}, a sum unusually high and not customary in such transactions, which further complicates this fraudulent arrangement. This down payment was not required under 15 U.S.C. 1605 ( a ), which states that The finance charge does not include charges of a type payable in a comparable cash transaction. The legitimate agreement I signed on XX/XX/XXXX, has unlawfully been replaced by the fraudulent contract now being used to enforce an alleged financial obligation with GM Financial.

I did not sign or agree to the terms of this new second unauthorized and fraudulent contract, nor did I authorize the use of my personal identifying information for its creation by using the online credit application where the application was submitted on XX/XX/XXXX, and then the XX/XX/XXXX RISC was created and printed on XX/XX/XXXX, then applying the printed date and application authorization to it. See attached evidence of forgery, identity theft and fraud that you provided me on XX/XX/XXXX. This is ILLEGAL and it is IDENTITY THEFT. Forging my signature is against the law, as I DID NOT sign the XX/XX/XXXX contract. GM Financial is acting lawlessly as if it is the wild west and as if they can fraudulently commit identity theft and just make up any contract and enforce those contracts based on fraud. 
The original RISC that I executed was dated XX/XX/XXXX, and has not been presented by the GM FINANCIAL to validate a debt. Instead, GM Financial is attempting to enforce obligations under the fraudulent and forged XX/XX/XXXX, contract. 
This Billing Error Dispute Notice is being submitted in compliance with 12 CFR 1026.13 regarding Billing Error Resolution and using the FTC 's sample letter template. I request that you correct this billing error by removing the disputed contract balance of {$63000.00} and the alleged financed amount of {$30000.00} and return any and all payments and down payments related to this fraudulent contract to me via check at the address listed above. Additionally, I ask that all security interest through your securitization program be returned to me as soon as possible.

These errors have created fraudulent billing on my account, and identity theft and forgery occurred when the unauthorized contract was created. GM Financial has failed to produce the legitimate XX/XX/XXXX, contract, despite multiple requests. 
CEASE AND DESIST FROM COLLECTION OF ALLEGED DEBT : Additionally, I demand that ALL collection efforts related to the above-referenced account cease immediately to including reporting to the credit bureas. I will also be legally withholding any further payments pursuant to 12 CFR 1026.13 ( d ) for the billing error outlined in this notice. This action is being taken in response to the fraudulent and unauthorized contract being used to enforce an alleged obligation.

12 CFR 1026.13 ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ).

GM FINANCIAL OR OTHERS MAY NOT DO THE FOLLOWING : Pursuant to 1026.13 ( d ) ( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.

Pursuant to 1026.13 ( d ) ( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.

GM FINANCIAL MUST COMPLY WITH THE FOLLOWING REQUIREMENTS : 12 CFR 1026.13 ( c ) ( 1 ) ( 2 ) ( c ) Time for resolution ; general procedures.

( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.

12 CFR 1026.13 ( e ) ( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.

12 CFR 1026.13 ( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.

Enclosed are copies of documentation supporting my position, including the original request for the production of the XX/XX/XXXX, contract and records indicating the unlawful replacement of my signed contract. 
Please resolve these errors promptly and confirm in writing the actions taken to correct this issue not later than 30 days after receipt of this Billing Error Notice pursuant to 12 CFR 1026.13 ( c ) ( 1 ) and you must return all monies paid to GM Financial, interest and security interest and securitization proceeds not later than 90 days after receiving a billing error notice. 
Sincerely, XXXX XXXX Enclosures : Fraudulent and forged Retail Installment Sale Contract dated XX/XX/XXXX Retail Installment Sale Contract dated XX/XX/XXXX Application provided by GM Financial on XX/XX/XXXX, showing they created, printed, and signed it Account information page printed from GM Financial website XX/XX/XXXX Billing statement for XX/XX/XXXX Declaration of XXXX XXXX Pursuant to California Civil Code 1798.93 ( c ) ( 1 ) and ( 2 ) Identity Theft Notice

Company response to consumer: Closed with explanation