Consumer complaint received 2018-03-12
Company: ALLY FINANCIAL INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Possible violation of Fair Credit Reporting Act In XX/XX/XXXX I elected to file a chapter XXXX bankruptcy. At the time I had a loan with Ally Bank on a car, for which I needed to keep. I am a XXXX, a mother of XXXX  young girls, and trying to put myself through school. I needed to keep the car in question, and I had made every payment on time up to that point. This is the account in question. I believe I was mistreated and misled as to how to make payments while in BK-XXXX, and the result is a negative mark on my credit which is incorrect and unfair. 

Timeline : In XX/XX/XXXX I filed a chapter XXXX bankruptcy. I immediately called Ally and explained that I had filed ( they already knew as the court sent them notices ). Below is a record of who I spoke to and the events that ensued : XX/XX/XXXX I spoke to a person named XXXX. For future reference, none of the customer service representatives give out their last names anymore. XXXX was kind, and explained to me the options that I had. He explained that at some point, Ally ( The Company ) would ask if I wanted to re-affirm the debt, meaning I could continue making payments and keep the car. As I needed to keep the car, I told XXXX that I wanted to re-affirm the dent immediately. He explained that wasnt possible yet. I offered to make a payment, and he advised me that I would not be permitted to make a payment while in BK-XXXX. 

At that point I had a pre-scheduled payment that had come out of my bank account about a week prior. XXXX was not able to confirm such a payment, as he advised that he can not discuss any details while I was in BK-XXXX. I was told to call back in a month. 

XX/XX/XXXX I called and spoke to a customer service rep named XXXX. She explained the same thing as XXXX had a month before, but I was becoming worried. I wanted to make a payment on the car, I didnt want to lose it, and I was worried they would report me as late to the credit bureaus. XXXX advised me that while she could not discuss the account with me, she could at least tell me that there will be no negative reporting to the credit agencies while I was in BK-XXXX. She also explained that although I was asking to make payments, I would not be allowed to do so, on account of the case. 
She told me to call back in a few weeks. 

In mid XXXX, I called and spoke to two different customer service reps, XXXX and XXXX. First I told XXXX  that I was told I could in fact make a payment while I was in BK-XXXX according to my lawyer. But that the company wasnt allowed to collect against me. At that point, XXXX  said oh youre in BK, I need to transfer you to a special department. This seemed odd to me as Ally knew from the date of filing that I was in BK-XXXX, and only now was I being sent to a special department. The person in the new department was named XXXX. XXXX was adamant that the bank would work everything out with me once the BK was discharged. Additionally I was now told that I could make a XXXX XXXX payment or direct deposit from my bank if I wanted to in order to continue paying. I agreed and made the payment ASAP. 

Upon calling back, I could not reach XXXX, and the new person named XXXX now told me that whether I made the payment or not, she was not able to say. She could not discuss the account with me. I was becoming distraught. How in the world was I supposed to be able to track whether my payment came in? This all seemed strange to me, as here I was, calling every few weeks, begging to make a payment, and up to this point - was told I could not. Now, at this point I am told that I COULD make a payment, but the company would not be able to confirm receipt. This felt suspicious and unfair. I reasoned it wouldnt be wise to make future payments if the company couldnt even provide a receipt. For all I know, that payment could have gone anywhere. XXXX told me that I should call back in a few weeks as my discharge was imminent, and that I would be able to make a full payment then. 

Its important to note that I was able, capable, willing and offering to make a full payment each and every time I called the company. Im sure the calls are recorded, and so Im sure proof of this this could easily be attained. 

In XXXX I spoke to XXXX who told me that I would be able to re-affirm the debt for a particular amount ( the instructions here on the CFPB site direct me not to disclose that amount here - theres a separate section ). I immediately offered to pay the amount in full right then, but was told that even though I had obtained my discharge, my account was still in the BK department at the company and so I couldnt make the payment. I explained how helplessly upset I was at all this, and how I was scared they would report me as having missed payments - while in fact I had been trying for months! XXXX assured me that the company would not report me as late, or assess late fees, as they had the record of me calling every few weeks. I think she felt bad for me. She told me that as soon as the account came out of the BK department I would get a call, and the company would work everything out with me at that point. 

In XX/XX/XXXX I was finally noticed that I had to pay the account current immediately to protect my credit. I was relieved and paid it at once. I was assured by XXXX that my credit would be protected and no late reports would be made, or special fees assessed. The payment was sufficient to bring my account current. Which was all I was trying to do since XXXX. 

Now last week I see that my credit is showing late for : XXXX. 30 XX/XX/XXXX60 XXXX. 90 XXXX. 120 XX/XX/XXXX120 I am furious! This could not be more unfair. The company promised me this wouldnt happen. 

I tried to make the payments and I was not permitted to. Now my credit is harmed even worse as it looks like I cant even pay this small bill. 

As I said, I am a XXXX. My job is to treat people and make their XXXX visits a good and calming experience. I work nights on my unit, and I do my best to treat people with care, compassion, and respect. I am trying to get student loans to continue my degree advancement as one day I want to teach. This 30/60/90/120 on my credit will harm my ability to get federal loans, as well as advance in my career. In essence, it seems incredibly unfair to portray me credit file as having all these missed payments, as it is absolutely misleading and not at all an accurate description of what happened. I am wondering if this is a violation of the Fair Credit Reporting Act? 

I feel as though I did absolutely EVERYTHING I could to make these payments so this wouldnt happen. Its not fair what they are doing to me, and I need help. I was not late one time before the BK-XXXX event, or since. This is not the way to treat people. Especially a XXXX XXXXr, like me.

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