Consumer complaint received 2017-08-03
Company: ALLY FINANCIAL INC.
State: MO
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
In XX/XX/XXXX, a repossession agent of XXXX, MO contacted us regarding a XXXX XXXX XXXX that was financed by Ally Financial in my name on XX/XX/XXXX advising that I was to leave the vehicle at XXXX XXXX XXXX in XXXX XXXX, MO, that it would be checked in to the auction and that Ally Financial would notify me in writing of the redemption/notice of right to cure. Creditor failed to send proper notice of sale or my right to redeem.
The said vehicle was then towed by XXXX XXXX XXXX of XXXX XXXX, MO in XX/XX/XXXX under the request of XXXX XXXX XXXX. Ally Financial received certified mail on approximately XX/XX/XXXX ; failed to send notice of right to cure or redemption.
Ally Financial called XXXX XXXX onXX/XX/XXXX & XX/XX/XXXXwanting to charges according to the owner but never came to pick up the said vehicle. Again, failed to send notice of right to cure or redemption process.
Said vehicle was then sold at a private auction in XX/XX/XXXX by XXXX XXXX.
After said vehicle was sold, Ally Financial failed to send the required deficiency notice, stating the amount that the lender had credited me from the resale as well as a cancellation notice of the original sales contract.
After many attempts to reach Ally Financial, only to be shuffled around and not provided any documentation, I started receiving notices from XXXX XXXX XXXX XXXX. I had my wife call to see what was the account for and she was not only advised that if she did n't set up a payment plan on my behalf, they were going to not only sue me but my wife as well. Said vehicle was financed only in name before our marriage. As well as placing a garnishment on our wages and a lien against our taxes. She gave them banking information but advised that I would have to approve since the debt was not her name. My wife was advised that she was liable to the debt because we are married.
Again, did not receive any notice of right to cure or the deficiency notice.
On XX/XX/XXXX, I sent a formal letter disputing the debt under the laws of Missouri and UCC 9.506 as well as State RISA and MVISA statues, a deficiency can not claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to.
On XX/XX/XXXX, I received a letter from Ally Financial that the repossession was in accordance with all state and federal laws. Letter states that I abandoned vehicle which is inaccurate due to their repossession agent out of XXXX, MO stated the location of where to leave the vehicle. Letter also states that it was referred to an outside collection agency, XXXX XXXX XXXX ( " XXXX '' ) which is not the collection agency sending the correspondence.of money due. I believe that I have been given the runaround on the debt, lender did not follow UCC 9-506, UCC 9-611, & UCC 9-612. Ally Financial also failed to provide and comply within 15 days of receipt of certified mail notice, received onXX/XX/XXXX, the alleged claim of a deficiency would be considered null and void.
Please note : the owner of XXXX XXXX is XXXX XXXX which is included in attached documents

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