ALLY FINANCIAL INC

2017-02-16

Hampton, GA

Shopping for a loan or lease

Consumer Loan: Vehicle loan

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

Disputed: No Timely Response

2017-02-16

AR

Making/receiving payments, sending money

Bank account or service: Other bank product/service

Complaint: I sent Ally Auto Loan Department a Promissory Note, in accordance with the Uniform Commercial Code, as a Security Negotiable Instrument, Legal Tender by Law, to pay off the remaining amount that was left on our truck loan, to receive our truck title. The Legal Tender was sent XXXX express mail, and received by Ally on XX/XX/2017, and signed for by XXXX. Ally Bank has not bothered to respond to the Promissory Note that I have sent them, which is asset for a Bank, I had to call them, and they refused to apply it to pay off our debt. I specifically stated in a legal notice, that I sent them along with the Promissory Note ; that if they refuse my Promissory Note, to send it back with a written explanation as to why Ally is exempt from Legislation. Ally did not respond, nor apply my Legal Tender to pay off our debt, and they kept my Legal Tender, which is asset for them, that can easily be monetized by them. The UCC states, that if Legal Tender is refused, then there is discharge of the debt, and the Federal US court appeals ruled on Title 31 USC 5118 ; that the requirement to repay a debt in the form of coin or currency or legal tender is against Public Policy, since money, as in the Federal Reserve Notes that we use as money ; means a promise to pay, or owe according to the Banking dictionary XXXX addition ; and that a repayment for a debt only needs to be made in equivalent kind ; a Negotiable Instrument, which is a Promissory Note. As a Private Banker, in accordance with the XXXX Law Dictionary, I have a right to use a Promissory Note with the Banks to pay off a debt! I recently sent them another Promissory Note, that they received on XX/XX/2017, to see what type of response I would receive, but the fact remains, they should have responded to my first Note!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2017-02-16

Discovery Bay, CA

Communication tactics

Debt collection: Auto

Frequent or repeated calls
Complaint: This Ally Auto continues to call my home 4 times a day everyday for the last month or so. I am less than 30 days behind on my car note and they continue to call at least 4 times in a day to collect payment. Calling me this amount of times in a day is harassment and will not make pay them any faster.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-16

Three Bridges, NJ

Deposits and withdrawals

Bank account or service: Checking account

Complaint: ALLY BANK stole XXXX and would not return the money to me. they are saying that the account had {$0.00}
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: Yes Timely Response

2017-02-16

Bolingbrook, IL

Other

Mortgage: Other mortgage

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

Disputed: Yes Timely Response

2017-02-15

PA

Managing the loan or lease

Consumer Loan: Vehicle loan

Complaint: At XXXX on XXXX/XXXX/XXXX we were awoken to the dog going nuts, I looked out and saw an unknown man walking around our XXXX XXXX XXXX pickup with a flashlight. I went out and asked what he was doing and he stated he had been orderd by Ally financial to repo the vehicle. I told him there was a huge mistake and asked to see the repo order, I stated I never received any letters or notices. He showed me and there was no amount listed in the arrears box. He took the truck and at XXXX i called ally financial collections dept., I was informed that they had no info. as it was all sent over to the repo dept. and I needed to contact them. I called the repo dept and was on hold for 45 mins before anyone answered. The gentleman that answered was XXXX and very hard to understand, he would n't answer any of my questions, just kept reading from his computer. I was getting very agitated, when I kept asking why the truck was repoed, he stated that he did n't have that info the collections dept. did. I informed him they said the repo dept did. All I wanted to know is why they repoed the truck. In XXXX and XXXX I paid them a total of {$900.00}, the payoff was approx. XXXX, I had 6 payments left at XXXX so I was actually ahead of schedule. Finally after 15 mins of getting nowhere, I asked what we needed to get the vehicle back. He replied XXXX and some change, I was informed to XXXX or XXXX the money and call back with the tracking #. I asked what the payoff on the truck was after the XXXX was sent to them and of course they could n't give me that info. because now there was going to be new charges for the repo fees, towing, not cleaning out the vehicle, and not surrendering the keys. By the end of this call, he was very rude saying he could not hear me whenever I asked him to repeat due to not being able to understand, due to his accent. I decided to go online and check my account, as that is how my payments are made. I logged in and the truck and all payment info. was gone! I called the collections dept back, it was a XXXX woman who answered, I started questioning her about why the truck was repoed and what happed to my info. and she yelled and said " YOU DID N'T MAKE YOU PAYMENTS, THAT 'S WHY IT WAS REPOED! '' and then she hung up on me. I then went and sent an XXXX per their instruction, I even rounded it up to XXXX due to not being able to understand the XXXX guy at the repo dept. I sent the money and called the repo dept back to give them the tracking #, this time I was on hold 32 mins before a XXXX woman answered. I gave her the tracking # and amount and was informed there was already a XXXX charge added, but no worry it would be added on the loan balance. Of course she had no idea what that charge was for. According to her my online account info,. would be back up and I could access it in 3-5 business days and do n't forget my next payment due on XXXX/XXXX/XXXX. When I asked what I owe on payment, she could n't tell me. I would need to call the collections dept. back. She verified the XXXX was in our account and sent the release over to the repo company. We picked up the truck at XXXX this morning from XXXX XXXX XXXX. We signed a bunch of releases and I asked for a copy of those, the initial repo order from Ally, and the vehicle release from Ally. I was denied all these and was informed I needed to request them from Ally. Now we are gong to have a faulty repo mark on our credit report. We also have another vehicle with them that could sell at auction and make them money, hopefully they can be stopped before that happens. The stress, agitation, and mental anguish is beyond words. I missed two days of work to get this mess straightened out!
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-15

Jacksonville, FL

Taking out the loan or lease

Consumer Loan: Vehicle loan

Complaint: My car dealership, XXXX on XXXX XXXX in XXXX, FL, overcharged me for a service on the vehicle by {$640.00}. They rectified the situation by sending me a check for the error instead of sending it to the finance company, which is Ally Bank. I sent the payment to the finance company, and it is my understanding that my interest rate is based on the amount of the loan as well as my monthly payment amount, but after notifying my finance company of this error, no change was made to the contract, and I believe that for over a year, I 've been over charged in interest, which has caused me to be severely upside down in the vehicle equity and unable to refinance with a more reputable institution without an impossible to come up with down-payment.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-15

Rahway, NJ

Managing the loan or lease

Consumer Loan: Vehicle loan

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

Disputed: No Timely Response

2017-02-15

Beverly Hills, CA

Problems when you are unable to pay

Consumer Loan: Vehicle loan

Complaint: ALLY AUTO illegally repossessed my car after entering into a verbal agreement ( superceding the written contract ) not do so. I performed as agreed. ALLY fraudulently entered into the contract with full knowledge they had no intention of honoring it.. Additionally, ALLY through its deception refuses to acknowledge {$1800.00} paid to them via XXXX ( per their direction ), illegally inflating their financial records. XXXX XXXX the CEO being aware of the situation, he assigned my " issue '' to the 'Executive Customer Service Team '. ALLY has used 15 days so far, failed to return the vehicle, correct the financial falsehoods and has set a date of XX/XX/XXXX to dispose of the vehicle. NONE of this should be happening if ALLY adhered to the law. Exerts from most recent letter sent to ALLY : Dear XXXX XXXX : As you are already aware, my vehicle was illegally re-possessed by your company. Your company representatives entered into a LEGALLY BINDING verbal agreement on XX/XX/2017 to accept {$1800.00} towards the balance of outstanding debt, payable before the end of the month ( XX/XX/2017 ). I adhered to my part of the agreement, Ally did not. Less than 48 hours later, Sunday XX/XX/XXXX/Monday XX/XX/2017 at approx. XXXX my vehicle was stolen from my driveway. No notice. No communication. NO NOTICE from anyone. Please be advised your organization is in violation of the California Fair Debt and Collections Practices Act ( Rosenthal Act ), the FDCPA, has criminally violated California Law ( PC4and is liable for all damages incurred ( statutory ), other civil damages, special damages to protected class individuals and punitive damages. The willful failure on your part and that of Ally and its representatives to correct these issues and to return the stolen property ( my vehicle ) combined with the lack of timely correction or communication addressing all matters by you and Ally and its representatives continues to support your fraudulent and deceitful actions. You have had plenty of time to correct the mistakes of your company. Additional violations by Ally : 1 ) Under California law a verbal contract is binding. Since Ally failed to memorialize the terms in writing, I did within the legally binding timeframe ( of which you are aware ). This fulfills an important component of contract law in California. 2 ) The verbal contract supercedes your written contract. Ally violated the verbal contract and performed an ILLEGAL REPOSSESION 3 ) When a vehicle is repossessed in California, the repo agent or purported " owner '' has 48 hours to contact the aggrieved party either IN WRITING of IN PERSON. Ally FAILED AGAIN. ALLY 's XX/XX/2017 letter ( XXXX ) was not MAILED until XX/XX/2017 and not received until XX/XX/2017. The 72 hours expired XX/XX/2017. Mailing did not occur until BEYOND THE LEGAL TIME FRAME CA law violated AGAIN. 4 ) Violated the California Fair Credit and Debt Collection Act ( Rosenthal Act ) CCC 1788 et seq. ( 1788.1b, 1788.17, 1788.32,, the FDCPA : U.S.C. 1692 et seq. " The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' i.e. Ally had no intention of honoring the verbal agreement, violating both the Rosenthal and FDCPA.15 U.S.C. 1692e. '' At no point, did Ally make any o f the REQUIRED notifications as stated above. At no time did Ally inform me about my rights to challenge " validate '' the debt. At no time did Ally inform me I had the right to ask Ally to 'validate '' the debt. Ally provided false information both in writing and verbally. Ally letter XXXX, claimsan unpaid balance of {$31000.00} the same amount PRIOR to my payment of {$1800.00}. Ally never never corrected the accounting. ALLY has conspired ( PC 182 ) to and committed Grand Theft ( PC 487 ).
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-15

Macclenny, FL

Managing the loan or lease

Consumer Loan: Vehicle lease

Complaint: A leased car was returned to Ally Financial with all leased payments made. Ally inspected the car and stated that the " Key Fob '' did not work and have now billed me {$130.00} for a new fob. My concerns are : I returned the car to the dealer and the dealer made the remaining payments, car returned on XXXX/XXXX/XXXX, inspection of car made XXXX/XXXX/XXXX, all fobs worked on XXXX/XXXX/XXXX ( last time I saw the car ), I was never present at the XXXX/XXXX/XXXX inspection, do n't know if it needed a battery, or if it was the correct fob. Inspection report attached. Called Ally on XXXX/XXXX/XXXX and was told that I would be contacted in a few days, no contact was received, only the second letter which is attached. Ally assigned incident number XXXX to my call.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with monetary relief

Disputed: No Timely Response

2017-02-14

Detroit, MI

Communication tactics

Debt collection: Auto

Threatened to take legal action
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-14

Naples, FL

Deposits and withdrawals

Bank account or service: Other bank product/service

Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with non-monetary relief

Disputed: No Timely Response

2017-02-14

Katy, TX

Account opening, closing, or management

Bank account or service: (CD) Certificate of deposit

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

Disputed: Yes Timely Response

2017-02-14

Navasota, TX

Managing the loan or lease

Consumer Loan: Vehicle loan

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

Disputed: Yes Timely Response

2017-02-14

Spring Hill, FL

Managing the loan or lease

Consumer Loan: Vehicle lease

Complaint: I had a XXXX XXXX XXXX lease that I rolled into a new XXXX XXXX XXXX lease. We were told at the dealership that we would not incur any charges on our returned leased XXXX as a part of our deal to lease the new XXXX. We returned the car and about 3 weeks later received a bill from Ally financial for {$620.00}, no explanation other than " excess wear/excess mileage ''. We were not over our mileage so I knew it was not that. I called the dealership who said it was not them, it was Ally financial who was assessing the charges ( again, they did not tell us when we re-leased a new car that there was another party who would charge us. They just said there would be no charges to us on our return lease ). I called Ally to find out how they assessed these charges and all they would provide was a copy of the lease inspection report ( which I had a copy of from the dealership ). I asked the Ally employee ( XXXX ) if these repairs were actually made to the car, which she would not answer. All she would say is that the only information I can have is the inspection report. After asking her several times she said " I did n't make the repairs '' in an extremely rude tone ( and still not answering my question ). I also asked her if there were not actual repairs made to the car and itemized receipts for said repairs, was there a devaluation report showing how each charged item affected the car 's resale price. She again was extremely rude and said that all I can have is the report and she can " send me the lease inspection because I clearly did n't read it ''. The lease agreement is not my question- my question is how did they arrive at these amounts and where is the information backing this up? There has to be either a receipt for repairs or an itemized devaluation report showing how they affected the sale price of the car. In addition one of the chargeable items on the lease is a dent which they are charging {$200.00} for and I can not see a dent in the picture on the report. This seems excessive and I ca n't tell that a dent is even there.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-14

Lewisville, TX

Problems when you are unable to pay

Consumer Loan: Vehicle loan

Complaint: I received a voicemail from Ally at XXXX am to return their call regarding billing. I contacted the representative via his extension left by the voicemail at XXXX. At this time, I was told that my car was in repo status and a payment was required to remove repo status and to prevent repossession of my vehicle. We agreed to the terms of making a payment of {$450.00} through certified funds ( via XXXX or XXXX ) and at that time I was also offered and approved for a 60 day extension for remaining balance. Representative stated at that time, after payment was made I would need to call back with reference number to verify funds had been sent and received. Payment was sent of {$450.00} at XXXX XXXX per XXXX reference and receipt ( Please see attached receipt for time stamp, date, reference no, and amount sent XXXX. Once payment was submitted, I called representative back with reference number, waiting XXXX minutes, as instructed to do so. After providing the reference number to representative for verification, I was told payment was received and my car is currently removed from repo status. At XXXX, I received a call back from the representative and was told that he just noticed on my account that my vehicle had been repossessed at XXXX and that I would need to be transferred to the redemption department. After waiting on hold for a little over an hour to be transferred to the redemption department, I spoke with a rep that stated that my case needed to be sent over to the Escalation Department because my XXXX receipt shows payment made before repossession but their system showed payment was n't made until XXXX ( ONE minute after repossession ). I am extremely disappointed, not only because the payment was made and can be proven that it was made before XXXX but that this issue could not be resolved in lieu of a XXXX minute discrepancy between the XXXX parties. Redemption dpt rep placed me on hold multiple times before being able to transfer me to the Escalation department, where I was told is the dept that would be submitting the proper paperwork to have my vehicle returned to me due to incorrect repo. After speaking with Escalation dept rep, I was told that my pmt was showing as XXXX, car was picked up at XXXX, and therefore the tow was valid. I have documentation that states otherwise however representative now stated that the repo is not based on the time of payment but the time of calling in the reference number for the payment. I told her that I was instructed to wait for several minutes before calling back. Not once was it expressed to me that payment was time-sensitive. I was told my car was no longer in repo status after making the payment. Between XXXX separate reps I have been told different reasons why I can not retrieve my vehicle. Each time I speak with someone new, there is always another excuse or rule on why the tow was valid. The escalations dept rep said that she would send an email to the XXXX, and they would make a decision if the tow is valid. I am being told to wait until the end of the business day for a decision to be made, however I am confused as to why a decision needs to be made, when I have documentation clearly stating the time of payment. I was not able to attend work today because of this issue escalating to this point. I am hoping it will be resolved in a timely manner.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with non-monetary relief

Disputed: No Timely Response

2017-02-14

Miami, FL

Managing the loan or lease

Consumer Loan: Vehicle loan

Complaint: I informed my bank that I was having XXXX and had to pay over {$3500.00} and would not be able to make my payments until I was recovered. I called on XX/XX/2017, and after being told incorrect information several times while trying to pay {$800.00} of {$1400.00} owed, I was finally told I had to pay by XXXX which has a large fee. I asked if I could just pay the full amount on XX/XX/XXXX, they said that was fine & also said they would change my payment date from the XXXX to the XXXX. Then, they repossessed the vehicle on XX/XX/XXXX. I paid the full {$1400.00} plus {$400.00} in fees on XX/XX/XXXX - I called same day to confirm they received the XXXX. payment and to ask about the amount of fees and if my payment date was changed. On XX/XX/XXXX, I got my car back and called again because my online access to see my payment history was still cut off & I still did n't know breakdown of the repossession charges. They said payment would post soon, my payment would change to XXXX, I would get a letter with the breakdown of charges, and my online access would be restored. On XX/XX/XXXX, I got a call saying my payment was late, I said it should have been changed, they said they had no record, but the guy put in the request for the payment change on the phone, said it was granted. I asked how I would know for sure, so he gave me a confirmation number for the payment date change and said I could make the payment on the XXXX no problem. On the XXXX, they said my payment was late and I was being charged a late fee. I asked why my payment date was n't changed, they said it was only effective after I made the payment. I finally got the letter regarding the repossession fees charged in XXXX and gave a written response to the letter demanding a breakdown and receipt of the charges ( even though I had already requested one by phone ). I never received the breakdown of charges. On XX/XX/XXXX, Ally began calling me again saying my payment is late and when told about the CONFIRMATION number for the payment change, said they see nothing on file or saying that it was n't approved. My mom 's and my credit scores have dropped, I have had to pay fees that Ally Auto will not tell me what they are for or provide a breakdown despite sending me a letter quoting law which says I 'm entitled to that information. I have now paid nearly {$1000.00} in fees which Ally refuses to give an accounting for and if I do n't pay, they will repossess my vehicle again.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-13

Navasota, TX

Managing the loan or lease

Consumer Loan: Vehicle loan

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

Disputed: Yes Timely Response

2017-02-13

Coram, NY

Managing the loan or lease

Consumer Loan: Vehicle loan

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

Disputed: No Timely Response

2017-02-12

Beyersville, TX

Shopping for a loan or lease

Consumer Loan: Vehicle loan

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

Disputed: Yes Timely Response

2017-02-12

VT

Account opening, closing, or management

Bank account or service: Savings account

Complaint: I received a letter from Ally Bank indicating that I had an account with them and releasing their privacy practices. It even gave the last XXXX digits of the alleged " account #. '' I do not have an account with Ally Bank, nor does any member of my family. It appears that Ally Bank is trying to " trick '' people into visiting its website by making them think they have an account there.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-11

Discovery Bay, CA

Taking out the loan or lease

Consumer Loan: Vehicle loan

Complaint: Purchased a XX/XX/XXXX XXXX from local dealer, I got there to discuss details of the vehicle, test drive, etc, and was denied the opportunity to do at that I requested. I was there to be a co-signer for live in companion. Long story short they told me I had no need to go over what was already discussed between the buyer, dealer etc. So finally after hours of waiting to go in finance and never seeing or test driving vehicle, the finance manager proceeds to lay out non printed contracts and various other blank docs instructed to sign. I was so enraged with the whole deal that I quickly signed argued that it was against the law and also for them to not inform me that I was in fact the primary purchaser listed on the loan ( furious ). I sped out of parking lot only to return demanding the contract was to be ripped up and a new printed disclosed contract be done and then reviewed to sign ... .Throughout the ordeal the staff insisted that the car was a XXXX XXXX previously owned by the owners next door neighbor in XXXX XXXX ... .I told them to just stop the BS and inquired why there were no plates on the vehicle etc, The Sale XXXX at the desk rudely exclaimed that they 'll be in the mail in 90 days. I was also concerned of the financing, rate, term etc. So many laws broken or unjust, deceitful business practice. I find out that the vehicle is currently registered in Illinois as of XX/XX/XXXX and has not been registered in XXXX ever ( vehicle exported XX/XX/XXXX from XXXX imported directly to XXXX. Also the vehicle was not registered from XX/XX/XXXX to XX/XX/XXXX mileage history XX/XX/XXXX : XXXX miles XX/XX/XXXX : XXXX miles XX/XX/XXXX : XXXX miles XX/XX/XXXX : XXXX miles XX/XX/XXXX : XXXX miles The dealer that sold us the vehicle listed for sale on XX/XX/XXXX @ XXXX miles XX/XX/XXXX @ XXXX miles shows XXXX insp stat appeared to pass smog XX/XX/XXXX pre delivery etc, also than again shows Emission inspection performed ( why ) According to XXXX law buying and selling and out of state vehicle, especially one entering into XXXX and never registered in XXXX require certain documentation etc. States that the new owner has XXXX days to transfer ownership and release of liability, signed documentation from previous registered owner etc which I do n't see any record of being done, The plates are to be issued XXXX days on a used vehicle, not XXXX days as the dealer insisted. I was preapproved with XXXX XXXX and showed the dealer this and asked if they could get the financing with them if possible, I was given the runaround and lied to about many things pertaining to the purchase. I have the buyer guide sticker from window which shows the vehicle as inventory and property of a different dealer across the street, they also changed the price by {$4000.00} more but forgot that the original price was also underneath on other page, ad online also was a different price, the finance company they went through was ALLY finance, at XXXX % x XXXX months on a XX/XX/XXXX XXXX ... ..I am sure that they increased the rate quite a bit which is against the law, also I later received a letter from XXXX XXXX stating that they had approved the loan but had n't heard form the dealer ... also stated that the terms needed to be adjusted according to price, rate etc ... ... .But the dealer lied and told me they would not consider or approve. The vehicle was involved in a collision which declared the vehicle a total loss and the insurance paid the value of the vehicle which left us with a balance against the loan in the amount of approx. {$5500.00} @ monthly pay of {$870.00}
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-11

NJ

Managing the loan or lease

Consumer Loan: Vehicle loan

Complaint: I have an auto loan with Ally Financial. They are over charging me for interest, my loan states 12 %, but some months they charge about 60 %. They are not crediting my account correctly. They are stating i owe 3 months. I showed them i paid it accordingly, maybe a bit late but paid. They are crediting wrong months. I got an extention XX/XX/XXXX, pushing a payment to the end of loan. They asked me to pay a certain amount XX/XX/XXXX then balance XX/XX/XXXX. I did that as agreed, they now tell me i did n't pay either month. I paid 2 months in XX/XX/XXXX, they said i only paid one month, stating one was returned, it was n't. They send me threatening letters if i do n't pay they will take action. They are charging me late fees because they are crediting my account incorrectly, just a way to collect more money. They are reporting to my credit reports incorrectly. They called me on holidays and days i specified them not not to, they called me at work. They said they can calll to collect whenever they want even at inconvient times
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-10

MI

Managing the loan or lease

Consumer Loan: Vehicle lease

Complaint: This is an addendum to my previously submitted complaint case # XXXX. I have recently pulled all XXXX of my credit reports and found that ALLY has reported my payments 30 days late for the past 6 months, including the month of XXXX 2017, which is incorrect and literally impossible being that it is XXXX/XXXX/17. Once again, when logging on to my on-line account portal my account shows being paid. This has negatively affected my credit score to a point that it is irrepairable at this point.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2017-02-10

Bellaire, TX

Problems when you are unable to pay

Consumer Loan: Vehicle loan

Complaint: I had a car repossessed on or about XX/XX/XXXX. The auto loan and title belonged to Ally Financial Bank. XX/XX/XXXX, I requested from Ally Financial Bank a copy of the " Notice of Intent To Sell Motor Vehicle '' AND the Receipt of Sale by Auction. They told me to call the " Recovery Team '' which I did and they had no idea what I was talking about because Ally Financial Bank owned the Auto Title ( Pink Slip ), the Recovery Dept does not hold Auction Sale Receipts, and that auto loan dept. should have given me the Auction Bill of Sale copy upon my request. A second phone call to Ally telling them what their Recovery Team said, they continued to give me the run-around, and developed a standard of circular department calling which I could not get anywhere! The repossessed Vin # is XXXX and this is the ID of my former car I gave them. I tried to get the information from the Texas DMV, but they turned me away too and said I had to return to the Ally Bank who owns the title or had the title and loan. My efforts were useless. Ally did not abide by the following Texas Repossession Laws : Texas repossession laws dictate that a lender must mail all borrowers of a repossessed vehicle a notice stating that you have the right to retrieve ( redeem ) your car or truck once you have satisfied all of the outstanding issues related to the vehicle repossession. The notice from the Texas repo company will inform you of when you must redeem your repossessed vehicle by before it is to be sold at auction. You may be required by the lender to pay off the entire loan amount of the repossessed vehicle before getting the car or truck back. Texas repossession laws do not allow you to file for bankruptcy to avoid repossession of your vehicle. Also : The reposession agent ( towing company ) performed A Breach of the Peace And Why Does It Matter? Because I live in a SECURED, GATED HOUSING COMPLEX and these people do not have my gate code ; they followed somebody into the complex! A breach of the peace happens when the repossession agent ( towing company ) takes the car by illegal means or creates a disturbance during the repossession. Some examples include : ( 1 ) going into a secured area ( either gated, fenced, or guarded ) without permission ; ( 2 ) going into an underground parking garage by somehow opening the gate, or following a car in ; THIS IS WRONGFUL POSSESSION! TEXAS AUCTION LAW STATES THAT MY RIGHTS ARE : If you do n't pay for your Texas repossessed vehicle, it may be sold at auction : Texas repossession laws allow the lender to sell your repossessed vehicle at auction if you do not redeem it by their deadline. **THEY WO N'T GIVE ME THIS! ** After the sale of your car repossession, the lender will send you another notice informing you what your repossessed vehicle sold for. My personal items were in the car and I was not given the option to collect my belongings. At the time of my calls, I REQUESTED VERIFICATION of these document ( s ) of the above which Ally Financial did not provide me a copy of anything but referred me to the " Recovery Team '', which they knew nothing regarding my verification request or Bill of Sale at Auction! They violated the Texas Repossession Law by not doing giving me any of the verifications of notices. Ally Financial has put this repo. on my credit report as a " Charge Off '' and failed to perform in accordance with the Texas XXXX XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response Closed with explanation

Disputed: No Timely Response