Consumer complaint received 2019-03-13
Company: ALLY FINANCIAL INC.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XX/XX/XXXX - Ordered credit report and saw Ally Financial Auto Loan, along with several other items reported that were not mine. I immediately reported the identity ftheft and filed a report with the FTC. I followed up by sending letters to the companies involved, including Ally. 

XX/XX/XXXX - I received a letter from Ally stating that they were still going to hold me responsible for the debt. This included a copy of a contract that someone had signed my name on. 

XX/XX/XXXX - I received a bill from XXXX XXXX XXXX, a collection agency for Ally. 

XX/XX/XXXX - I sent a letter to XXXX notifying me that the debt is not mine, and is a product of identity theft. I requested any type of proof that this was my debt, such as identification provided at the time of purchase. I have never bought a vehicle without having to show, and have my government isssued ID copied for their records. I asked for phone numbers or email addresses that had been used to contact the person that actually had the vehicle. 

XX/XX/XXXX - I received a response letter from Ally stating that their records show that I had entered into a contract for an auto loan with them on XX/XX/XXXX. They acknowledge receipt of my identify theft report. In response to my assertion that I had never once received any type of bill or notice from them, they told me it was my responsibility to inform them of a change of address. How could I inform a company that I do not have an account with of an address change? They included copies of multiple communications, such as a repo notice and a bill of what was owed after repe, that they had sent to an address that I had not lived at since XXXX. I have never seen any of those documents, nor been aware of my name being associated with an Ally account, until that time. I had my mail forwarded at the USPS when I moved. I have had the same phone number and e-mail address since prior to XXXX. My official address from XXXX forward are all a matter of public record, yet, they never tried to actually contact me. 

XX/XX/XXXX - There were multiple written communications back and forth, with both Ally and XXXX ( the collection agency ). There has been no resolution at all, and no attempt on thier part to resolve this. I continued to tell them it was not my account, and gave them things to look into that I felt would prove that, and they continued to assert that it had been investigated and deemed mine. They said they would not investigate further, and never once gave me anything at all to remotely prove that it was my account. 

XX/XX/XXXX - I sent both companies yet another letter requesting copies of all records relating to the account such as applications, records of phone number or email addresses used to communicate with the account holder, the investigators report, and identification provided at the time of purchase. I included a copy of my identity theft report, a copy of my government issued identification, FCRA Section 609 ( e ), and a copy of Businesses Must Proved Victim and Law Enforcement with Transaction Records Relating to Identity Theft. 

XX/XX/XXXX - I received a letter from Ally stating they had received my communication and as I had not provided them with any new information ( how can I possibly provide them with anything at all for an account that is not mine except to give the direction of where to look to prove that it is not? ), they would not reinvestigate. They did not include the original investigator 's report, prior contact information as far as phone numbers and email addresses used, a log of any attempts to actually locate ME before sending me to collections, any indication that they have actually attempted to find out the true account holder, or anything at all that I asked them for, and that as I understand, I have a right to. 

Currently, I am frustrated, lost and I just have no idea what more I can do to prove that I didn't do what I didn't do. This is just so incredibly stressful, and I have tried so hard to lead them in the way of proving through their own information, or lack thereof, that this is not my account, and all I get in return is continual copies of a contract signed with not even my legal name ( which is how I sign any official documents ), and letters they sent to ab address I didn't live at for at least three years prior to the first letter they indicate they ever sent in my name. Please help. I have no idea what more I can do.

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