Consumer complaint received 2024-04-19 00:00:00
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: ALLY FINANCIAL INC.
State: VA

Complaint narrative:
XXXX XXXX XXXX WAS XXXX BACK IN XXXX A DISCHARGED IS A CERTIFICATE OF INDEBTEDNESS THAT IS CONSIDERED INCOME ACCORDING TO IRS PUBLICATION XXXX & XXXX XXXX INCOME IS NOT TO BE REPORTED ON CREDIT REPORT. I HAVE SENT ALLY ALLY SEVERAL LETTERS REVOKING THEIR POWER OF ATTORNEY & CEASE AND DESIST REGARDING THIS ACCOUNT IT IS ILLEGAL TO CONTINUE SOLICITING AND HARASSING ME OVER AN ACCOUNT THAT IS PAID OFF. I AM OPTING OUT OF ALL REPORTING OF THIS ACCOUNT TO ANY CREDIT BUREAS IMMEDIATELY PER MY RIGHTS 12 CFR 1016.7 IT IS A FACT THAT THIS ACCOUNT WAS PAYED OFF AT THE SIGNING WHEN MY WET SIGNATURE SIGNED THE CONTRACT BEING THAT IT IS BACKED BY THE FULL FAITH AND CREDIT OF THE United States. THE CONTRACT ALSO STATES THAT ALL CHARGES THAT ACCURE FROM THIS CONTRACT ARE COVERED AND PAID BY THE SECURITY INTEREST THAT WAS MISLEADINGLY SIGNED AWAY TO ALLY ALLY YET THEY STILL ARE ASKING FOR PAYMENTS ON AN ACCOUNT THAT HAS BEEN PAID OFF NUMEROUS TIMES IN VARIOUS WAYS. THEY ARE ALSO ILLEGALLY ASKING FOR DEBT NOTES TO PAY A DEBT THAT HAS ALREADY BEEN PAID BUT YET THE NOTE WAS TRANSFERRED NUMEROUS TIMES BEING THAT THE CONTRACT IS NULL AND VOIDED BECAUSE THE PROMISSORY NOTES IS NO LONGER WITH THE CONTRACT OR TITLE. THEY ILLEGALLY REPOSSESSED THE CAR AND ARE STILL REQUESTING PAYMENT FOR WHAT? GREEDY Per the FCRA 1681b ( a ) states that " In general Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; in accordance with the written instructions of the consumer to whom it relates " Therefore any furnisher of information to credit agencies and the consumer reporting agencies do not have my consent to furnish this information, and they surely do not have my written consent. According to the Privacy Act of 1974, the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, " NO AGENCY shall DISCLOSE any record which is contained in a system of records by any means of communication to any person or to any agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. You have violated both the FCRA and also the Privacy Act of 1974 Per the FCRA 15 USC 1681a ( 2 ) Exclusions, a report containing information solely as to transactions or experiences between the consumer and the person making the report ; Therefore REPORTING transaction history is illegal. Also you are not reporting Fair and accurate reporting to my consumer report. Please comply with my DEMAND regarding the removal of the account immediately, being that you have continued to violate my rights as a consumer. You are reporting a charge off/cancelled debt which is considered income. Income is not reported on a consumer report. I have suffered mentally and emotionally. This is not my first complaint. You have a full understanding of the violations. You are aware you are breaking the law. Immediate action will take place Per the FCRA 15 U.S. Code 1681n for willful noncompliance. Remove account immediately this account is not in compliance with the FCRA fair and accurate reporting. ALLY FINANCIAL!! IN ADDITION TO THE FORE MENTIONED THERE WAS A BREAK IN THE CHAIN OF TITLE WHEN THEY TRANSFERRED THE NOTE! ALLY BANK TRANSFERRED MY NOTE TO THEIR DEPOSITOR ALLY AUTO ASSETS LLC THEN THEY TRANSFERRED IT AGAIN TO ALLY AUTO RECEIVABLES TRUST!! THE NOTE HAS BEEN TRANSFERRED FROM THE ORIGINATOR NUMEROUS TIMES THUS GIVING THEM NO RIGHTS TO TRY AND COLLECT ANYTHING ESPECIALLY SOMETHING THAT NOT ONLY HAS BEEN PAID WITH SECURITY INTEREST BUT ALSO DISCHARGED!! PER UCC 3-203. B TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. IT STATES b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder 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. I REST MY CASE COMPLY OR ELSE I WILL BE FORCED TO CONDUCT A FINANCIAL FORENSIC AUDIT AND WHISTLEBLOW AGAINST YOUR CORPORATION FOR SECURITY FRAUD VIOLATING THE SECURITY ACT OF XXXX, THE TRUSTEE INDENTURE ACT THE PRIVACY ACT OF 1974 AND MANY MORE AS WELL!

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation