Consumer complaint received 2018-09-13
Company: ALLY FINANCIAL INC.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Yesterday morning my car was repossessed by a bank that was not my lien holder and they were extremely uncooperative in getting my car back to me. My car was wrongfully repossessed by a bank that had no ownership of the car. 

I was trying to get out the door to go help my dad before taking my son to school, my dad is recovering from XXXX. I looked out my window to see my car being towed in my driveway. I asked what was going on and the man operating the tow truck vehicle tells me that my car is being repod. I ask if I can get my stuff out of my car. He lets me get the stuff out of my car. I ask who is trying to repo my car he says it's Ally. I tell him my loan is through XXXX XXXX. I give him my keys and call XXXX XXXXXXXX they tell me that my account is current and that they are not trying to reposes my car. They tell me to call the police. I call the police and tell them what's going on they inform me there is a list for repos and they're going to see if my car is on the list. An officer arrives about 30 minutes later saying the car is on the list for repossession. Officer is kind enough to stick around and help us figure out the situation. Officer gave me a number for the repossession specialist. Call repossession specialist and she mentions the name XXXX, Ally Bank, and XXXX stating that they are the companies trying to reposes the vehicle. XXXX seems to be a previous owner. There are concerns that XXXX ( whom I purchased the vehicle from ) has bungled the paperwork. I'm advised by repossession specialist and officer to contact my bank so that they can discuss the situation with Ally so that my car can be released. I'm also advised to contact XXXX. 

I contact my bank and talk with an auto loan specialist who again confirms my account is current, my call is transferred to the agent I talked with initially that morning. My call is forwarded to the repossession team. XXXX is now handling the case. XXXX contacts the recovery specialist that currently has my car. She also contacts the two companies the repossession specialist said are responsible for the repo. Both companies state that they are not trying to repossess the vehicle. Ally claims the car was paid of in XX/XX/2018. XXXX faxes over my information to the repossession company showing my ownership and that XXXX XXXX is the lien holder. 

I was advised by a representative of Citizen Services at the Office of the Attorney General to call the police back and confirm where the repossession order came from. The police confirm the repossession order came from Ally Bank. The repossession team coordinates with Ally and XXXX to have my car returned to me. Ally Bank refuses to cooperate. Ally bank initially denies sending out a repossession order for the vehicle, while XXXX XXXX 's repossession team is trying to coordinate with them they refuse to give a hold harmless letter for my car to be released and hang up on XXXX XXXX 's team repeatedly. 

I call XXXX the previous owner of the car is named XXXX XXXX. I call Ally my phone call is subjected to an automatic messages stating that they are attempting collect the amount that I owe them and that any information will be used for that purpose. The agent that I talk to looks in Ally 's system to see if I have an account with them. I am not in their system, they transfer me to upper management. I inform them that they have repossessed a car that they have no right to try to repossess, they are not the lien holders. I ask for a copy of the repossession order so that I can figure out where everything has gone wrong. XXXX with upper management refuses to produce the documentation. She says I have to proof of purchase and proof that the car is mine and that the legal department will review it from there. I ask her how long it will take the legal department to review it she says up to 24 hours. She gives me an email address to send the information to. I try to send the email and the email address given to me is invalid. 

Eventually my case transfers to XXXX with XXXX XXXX 's repossession team she finally has a break through and is able to get the car returned to me. It took 10 hours to get the situation resolved. 

I'm filing this complaint about Ally Bank but will be following up with XXXX next.

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