Consumer complaint received 2021-07-03
Company: ALLY FINANCIAL INC.
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
This complaint is against Ally Financial Inc., for unlawful and deceptive patterns of wrongdoing followed by Ally regarding collection, enforcement, repossession and disposition of collateral, and collection of alleged deficiencies.

Ally Financial Inc. ( Ally ) repossessed my vehicle around XXXX, XXXX. My auto loan was paid on-time and paid as agreed at the time of repossession. I had the auto loan for a year and a half, and never had a late payment. 

Due to circumstances beyond my control, I was unable to retrieve my vehicle from the police impound. I notified Ally by written correspondence that I would retrieve my car in approximately sixty ( 60 ) days and I will continue to pay on time and will pay any storage and impoundment fees.

Historical Record My last payment was on XX/XX/XXXX, via ACH. I was approved to defer XXXX payment. This resulted my next payment due date in XX/XX/XXXX. 

1. I called Ally in XX/XX/XXXX, to make payment. The customer service representative informed no payment was due for XXXX. 

2. I called Ally in XX/XX/XXXX, to make payment. The customer service representative informed no payment was due for XXXX. 


3. I called Ally in XX/XX/XXXX, to make payment. The customer service representative informed no payment was due for XXXX. At this juncture, this seemed unusual. I escalated to a supervisor. The supervisor promised I would not have any late payments, repossessions or negative items because 1. I never had late payments and, 2. I called Ally each month to promptly make payment. For whatever reason, Ally was intentionally and deliberately refusing to accept payments. 

I had on-time payment history. Refusing my payments was egregious and improper. I was not informed by Ally that my vehicle was sold until late XXXX, XXXX. I indicated I would continue to make payments on-time as agreed, even though Ally sold my car. My excellent credit rating is important for me to keep. As of XX/XX/XXXX, I didnt have any negative items reporting on my credit reports. One negative item could lower my credit scores by XXXX points and negatively affect my credit for seven ( 7 ) years. 

Around XX/XX/XXXX, I learned Ally reported repossession and charged-off on my credit reports, lowering my credit scores over XXXX points and negatively affecting my credit scores for seven ( 7 ) years. 

Ally also purported the property in my vehicle was destroyed and was not returned to me. Ally never informed how I could have retrieve my personal property. I had cash, ounces of gold bullion coins in my vehicle and documents with my personally identifiable information ( Drivers license, social security card and certified copy of birth certificate ) that was never returned to me. Ally is negligent and put me at-risk of identity theft. 


On or around XX/XX/XXXX, I sent written correspondence to Ally via certified mail/return receipt with the US Postal Service. This provides evidence of delivery in the form of a postcard signed by the recipient and an e-mail with an electronic copy of the recipients signature. Below is a copy of my letter : Ally Financial XXXX. XXXX XXXXXXXX XXXX, MN XXXX RE : XXXX XXXX  XXXX, License # XXXX Account no. : XXXX To Whom It May Concern, On or about XX/XX/XXXX, the above-referenced vehicle was repossessed from the police impound yard : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, CA XXXX Due to circumstances beyond my control, I did not receive any of the legally required notices regarding the repossession of my vehicle or how I might have reinstated my loan or redeemed my vehicle. Nor did I receive any notice regarding the potential or subsequent sale of my vehicle. 

By this letter, I am requesting that you promptly within seven ( 7 ) days send me copies of any and all notices that are required by law to be sent to me regarding this matter. I would also like you to send me a copy of my retail installment sales contract ( loan agreement ), as my copy of this document was in the vehicle when it was repossessed. 

Very truly yours, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX ... 


Ally failed to comply with my written request. Ally did not send a copy of my retail installment sales contract ( loan agreement ) or presale notices under the Uniform Commercial Code ( UCC ). Rather, Ally sent a summary of my loan balance. 


Moreover, California Attorney General XXXX XXXX, as part of a coalition of22 attorneys general, sentletters to the nations three largest credit reporting agencies ( CRA ) XXXX XXXX and XXXX remindingthe companies of their continued obligation during the COVID-19 pandemic to comply with the Fair Credit Reporting Act ( FCRA ). The COVID-19 pandemic has created an economic disruption. 

In relevant part : In XX/XX/XXXX, Congress enacted the Coronavirus Aid, Relief, and Economic Security Act ( the CARES Act ), which extends relief to struggling consumers and amends the FCRA to enable consumers to obtain CARES Act relief without incurring lasting harm to their credit scores. To prevent such harm, the CARES Act requires furnishers to report a credit obligation as current if the obligation was current prior to the grant of a CARES Act accommodation. 2This CARES Act provision is critically important both to individual consumers and to the overall recovery of the economy because it ensures that consumers obtain essential relief without jeopardizing their future ability to secure employment, rent or buy a home, obtain a credit card, or purchase a car. 

For Ally to do this during a deadly pandemic is disheartening and unthinkable. Litigation is always a measure of last resort. We do not undertake it lightly. It is unfortunate that events have compelled us to consider litigation at all. I am considering opting out of the class action lawsuit against Ally and suing individually.

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