Consumer complaint received 2019-02-26
Company: ALLY FINANCIAL INC.
State: FL
Product: Payday loan, title loan, or personal loan
Sub-product: Title loan
Issue: Vehicle was damaged or destroyed the vehicle

Complaint:
On XX/XX/2019 at approximately XXXX a tow truck was seen attempting to pull my vehicle from the space it is parked which is on my property. The tow truck operator was conducting the town upon Ally Financials request. Upon seeing this I ran out of my home and demanded he stop the tow due to the fact that one of the tires had just  recently blown and this had resulted in the car laying very low to the ground and as such any attempt to pull it at a raised Angle would result in damage to the front bumper and also cause severe damage to the front wheels due to the fact that the front passenger tire was completely flat. The repair of the tire was scheduled to occur on or about this coming Friday the XXXX. The tow truck driver ignored me and proceeded to attempt to tow despite my objections. This of course led to the front bumper being almost full broken off the front of the vehicle. Upon hearing me scream at him that my vehicle was being damaged in the process, the tow operator decided to stop and look at what was happening. I advised him that he was now in breach of the peace and as such he would be wise not to attempt to come back on to my property until I have discussed the matter with the creditor lest he expose them to ever more liability. When I went back into my home to get the key for the vehicle after the tow operator already dropped the vehicle, he yet again attempted to tow the car when I was trying to get into it and started to drive away. Now with it locked in to and pulling my car this caused me to fall beneath the car and suffer bruising, cuts, and abrasions to my hand and leg. I yelled again advising the tow operator that he was dragging me. When he stopped I again let him know his company was in violation of state statutes related to breach of the peace and that he was again putting the lender in ever more legal jeopardy especially now that I had suffered physical injuries caused by his negligence. I warned him not to come on to my private property again without my permission and if he did so i would contact the police for trespassing advising the entire incident was being very well documented. 

I understand that I am behind on payments, I am presently waiting for my tax return to be able to bring my account current with my lender. It was my understanding that my account wouldnt become eligible for repossession until I was at 90 days or more delinquent. As of today the vehicle was only 85 days. Ironically I was just informed today by the IRS that I can expect payment of my refund to be deposited on the XXXX. I attempted to contact the lender to advise them of this but their offices had already closed for the evening. I would like to pay the lender but am upset that my vehicle was greatly damaged in the process of their tow attempt. The entire cost of the vehicle purchase was more than 27k, as of today I believe the total due is less than 4K, so of course there is great interest by me to ensuring that the remaining monies be paid. It will likely cost me at least 3000 to replace the bumper, so go figure. 

If ally is unable to accept a payment from me to bring the vehicle out of default then I guess Ill have no other choice than to seek bankruptcy protection in the courts.

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