Consumer complaint received 2019-11-11
Company: ALLY FINANCIAL INC.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
On XX/XX/XXXX, I notified the three ( 3 ) credit reporting agencies ( XXXX, XXXX   & XXXX  ) of a dispute with my credit report involving Ally Financial. On or about XX/XX/XXXX, Ally Financial ( Ally ) reported to the three ( 3 ) credit reporting agencies that my credit file was Major Delinquent and/or Delinquent Account, with a payment status of being Repossession. I disputed the information based upon the following information : On XX/XX/XXXX, I received a letter ( Attachment # 1 ) from Ally entitled Notice of Our Plan to Sell Property The letter stated my vehicle a XXXX XXXX XXXX, would be sold at private sale sometime after XX/XX/XXXX. However, Ally failed to reveal that the vehicle had been voluntarily surrendered in XXXX, Texas on XX/XX/XXXX, by the other co-buyer, who was avoiding a civil judgement allowing me to take possession of the vehicle. Ally further failed to contact me to avoid by credit status to be listed as described above by the three ( 3 ) reporting agencies. Ally was fully aware of my contact information to include mailing address, email and telephone ( home and mobile ). Prior to the receipt of Ally letter, I personally, forwarded to Ally a letter on XX/XX/XXXX ( Attachment # 2 ),  advising that the co-buyer had falsely misrepresented certain facts at the time of the transaction to myself and the dealership. I advised Ally that due to the misrepresentations, I filed a civil lawsuit ( Attachment # 3 ) on XX/XX/XXXX, in an effort to obtain possession of the vehicle. The case was finally heard at trial and a Judgement ( Attachment # 4 ) in the matter was rendered to me. On XX/XX/XXXX, I forwarded to Ally via XXXX ( Attachment # 5 ) the amount stated due in Attachment # 1. I further provided to Ally on XX/XX/XXXX, a second letter ( Attachment # 6 ), which included a certified copy of the court judgment ( Attachment # 4 ). On XX/XX/XXXX, Ally released the vehicle to me in XXXX, Texas. It should be noted that the co-buyer failed to notify me or the court of their whereabouts. Attachment # 2 further stated that I was unable to enforce the judgement ( Attachment # 4 ) until thirty ( 30 ) days after the judgment as required by Texas law. 

Therefore, I dispute the information reflected in my credit report to the three ( 3 ) credit reporting agencies provided by Ally as being Major Delinquent, Delinquent or Repossession, on the basis that the vehicle in question was surrendered by the co-buyer to avoid enforcement of a court judgment. Ally further failed to properly notify me in a timely manner of the vehicle being surrender, since I was also a co-buyer and primary creditor. I was aware of the vehicle location by services provided by " XXXX '' and as indicated above I was unable to obtain a writ of execution to take possession of the vehicle until after XX/XX/XXXX. I also requested that a copy of Attachment # 4 should be  made available on my credit report to be viewed by my creditors and/or any future creditors. 

The dealership at the time of the purchase also advise that the co-buyer would be able to refinance the vehicle with Ally within 12 months. The co-buyer was unable to refinance in their name with Ally, since Ally does not refinance vehicles. Because of the co-buyers misrepresentation at the time of purchase they have not been able to refinance and thus became delinquent without notifying myself or the court of their status. 

Ally was fully aware of my location and whereabouts and should have contacted me to take possession of the vehicle and allow me to assume payment. Because of Ally 's failure my credit score and credit report by the three ( 3 ) reporting agencies have been gravely affected. 

Copies of all of the attachments was provided to Ally and each of the three ( 3 ) reporting agencies. 

Attachments : Attachment # 1 - Copy Ally letter dated XX/XX/XXXX Attachment # 2 - Copy of my letter to Ally dated XX/XX/XXXX Attachment # 3 - Copy of civil lawsuit court case summary Attachment # 4 - Certified copy Court Judgment filed XX/XX/XXXX Attachment # 5 - Copy of XXXX transaction # XXXX Attachment # 6 - Copy of my 2nd letter to Ally dated XX/XX/XXXX XXXX

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