Consumer complaint received 2024-12-01 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Credit denial
Company: General Motors Financial Company, Inc.
State: TN

Complaint narrative:
Subject : Security Fraud and Non-Compliance with Federal Laws by GM Financial Regarding XXXX XXXXXXXX XXXX XXXX, Tender of Payment, and Power of Attorney To Whom It XXXX Concern : I hereby submit a formal complaint against GM Financial for their egregious violations of federal law concerning the mishandling of my application, tender of payment, and Power of Attorney for a XXXX XXXXXXXX XXXX valued at {$130000.00}. The following outlines the violations and unlawful actions committed by GM Financial, supported by federal statutes and pertinent case law. 

Background On XX/XX/year>, I submitted a formal application to GM Financial for the purchase of a XXXX  XXXX XXXX XXXX XXXX, which was located at XXXX XXXX XXXX XXXX of XXXX. Along with my application, I included : XXXX. XXXX of XXXX : An endorsed payment instrument intended to satisfy the purchase amount, accompanied by explicit instructions that if GM Financial chose not to accept my application and tender, they were to return the original documents to me promptly. 


XXXX. Power of Attorney : A legally executed document authorizing my agent to act on my behalf concerning this transaction. 



A certified mail receipt confirms that GM Financial received these documents on XX/XX/year>. To date, GM Financial has neither processed nor returned my application, tender of payment, or acknowledged the XXXX of Attorney, as required under federal and commercial law. 

Violations XXXX. Failure to Comply with the Uniform Commercial Code ( XXXX ) XXXX XXXX : Tender of Payment : This provision states that if a tender of payment is made to a person entitled to enforce the instrument and the tender is refused, the obligation is XXXX to the extent of the amount of the tender. GM Financial 's refusal to process or return the tendered payment violates this provision, effectively discharging my obligation. 

XXXX XXXX : Claims to an XXXX : This section indicates that a person taking an instrument is subject to claims of property or possessory rights in the instrument. By retaining my tender without acceptance, GM Financial is unlawfully holding my property, infringing upon my rights. 



XXXX. XXXX XXXX By retaining possession of my tendered payment and application without processing them, GM Financial has engaged in deceptive practices, constituting security fraud. This deliberate act of withholding my legally valid tender of payment without action is a breach of fiduciary duty and trust. 


XXXX. Violations of the Equal Credit Opportunity Act ( XXXX ) XXXX XXXX. XXXX et seq. : The XXXX mandates that creditors provide applicants with a timely notice of action taken on their credit applications. GM Financial 's failure to respond to my application violates this requirement. 

Regulation B ( XXXX C.F.R. XXXX ) : This regulation requires creditors to notify applicants of action taken within 30 days of receiving a completed application. GM Financial 's non-response exceeds this timeframe, constituting a direct violation. 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX XXXX the court held that failing to provide notice of adverse action violates the XXXX. GM Financial 's inaction mirrors the non-compliance addressed in this case. 



XXXX. Failure to Acknowledge Power of Attorney The Power of Attorney I provided grants my agent the authority to act on my behalf in this transaction. GM Financial 's failure to acknowledge this document impedes the agent 's ability to perform duties lawfully assigned, violating principles of agency law and disregarding the legal standing of the XXXX of Attorney. 



Supporting Evidence Certified Mail Receipt : Proof that GM Financial received my application, tender of payment, and Power of Attorney on XX/XX/year>. 

Endorsement Letter : Document containing explicit instructions to either process or return the application and tender. 

Power of Attorney : Legally executed document authorizing my agent to act on my behalf in this transaction. 


Conclusion GM Financial 's refusal to process or return my application and tender of payment, along with their failure to acknowledge the Power of Attorney, constitutes clear violations of the Uniform Commercial Code, the Equal Credit Opportunity Act, and established case law. Their actions amount to security fraud and a breach of fiduciary duty owed to me as the applicant. 

This complaint serves as a formal notice of their unlawful conduct. 

Respectfully submitted, XXXX XXXX XXXX for XXXX Principal

Company response to consumer: Closed with explanation