Consumer complaint received 2021-07-06
Company: ALLY FINANCIAL INC.
State: AL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
On Monday XX/XX/XXXX ALLY FINANCIAL contracted with an unauthorized third party agent to come on my family private property and steal my vehicle! This unauthorized third party was not a witness or party to the contract agreement. This is an infringement on my rights to privacy! How did this third party agent get my address? Who gave them permission to come? Where did they get my location? According to the Rights to Privacy Act..The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. None of these exceptions apply to my situation. 

Pursuant to 15 usc 1692c ( b ) Communication with third parties.. Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 

I have asked ALLY FINANCIAL on numerous occasions for months for the original contract between us, they have not sent it. Ive asked for debt statements, they have not sent it! Ive have been threatened to be sued which is against the FDCPA. My fianc, who is not a co owner to the vehicle has been threatened to be sued which is against FDCPA. ALLY has harassed my family friends, my fiancs family, my fianc, and me with unauthorized calls, texts, voicemails. They called at inconvenient times and cause grave stress on all of us! My fianc is XXXX and had to witness this theft and was put under even more stress which caused me to be annoyed and stressed and also is harmful to the XXXX! ALLY do not possess the ORIGINAL wet ink signature contract and only possesses copies if that, which is considered counterfeit and is against the law. ALLY never had possession of MY XXXX XXXX to repossess it. To repossess something is to have had possession of it in the first place. I dont owe ALLY financial any debt! 

On top of my rights to privacy being violated, a lot other consumer laws have been violated in the process. The laws that have been violated by ALLY are : 15 usc 1692J, 15 usc 1692c ( b ), 15 usc 1692d, and 15 usc 1605. According to 15 usc 1692k Civil liability Im entitled to compensation for these damages up to XXXX per violation. According to 15 usc 1605a the determination of finance charger finance charge is the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable in comparable cash. This contract was a credit transaction not a cash transaction but I have made payments comparable in cash and put a down payment down which is a violation under this subchapter. Pursuant to 15 usc 1611 Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which is required to disclose shall be fined not more than XXXX dollars or imprisoned not more than 1 year or both.

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