Consumer complaint received 2018-10-25
Company: ALLY FINANCIAL INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
In XX/XX/XXXX, my XXXX XXXX was repossessed. I recently pulled my credit report to find a negative item from the lender in the amount of {$7200.00}. I sent them a certified letter which was received by them on XX/XX/XXXX requesting copies of all legal documents pertaining to this vehicle purchase and the subsequent repossession.

Under the laws of the State of Georgia UCC 9.506 and State RISA and MVISA statues a deficiency can not be claimed unless all of the required notices were properly and timely given and all of the allowable redemption and cure time limits were adhered to.

The lender responded with a letter dated XX/XX/XXXX and received by me on XX/XX/XXXX which outlines this event and included some but not ALL of the requested documents. In addition to not sending any of the documents letting me know PRIOR to the repossession that was the manner they were electing to settle the matter, but the subsequent documents dated XX/XX/XXXX and XX/XX/XXXX were sent to an address that I have never resided and furthermore is not listed anywhere on my credit file. The sent no matter of clarification as to where they got this information, nor did they provide for me documents concerning the actual removal of the vehicle.

The actual repossession incident, the tow truck driver committed a " breach of the peace '' by threatening my elderly Aunt with having her vehicle towed as well ( the driveway is small and she was parked ) at approximately XXXX XXXX XXXX XXXX. The lender has provided no information concerning the actual removal of the vehicle.

I spoke with a representative with Ally and made very clear which documents I was requesting on two separate occasions but attached is all that I received.

In addition, the request was received by Ally on XX/XX/XXXX in which I requested all documents within 14 days. Their letter was postmarked XX/XX/XXXX and I had to call and speak with the agent on XX/XX/XXXX again requesting whatever documentation they had.

In addition Ally has posted to my credit reports a balance of {$7200.00}, yet the documents they sent me show a balance of {$6900.00} and they provided no additional documentation explaining the difference in balances.

I have sent written disputes to all three credit reporting agencies on two separate occassions requesting that that VERIFY this account. In each case the agencies responded saying that the account is correct and valid. Upon reviewing my credit reports today XX/XX/XXXX I noticed that the last activity on this account was XX/XX/XXXX for XXXX, XX/XX/XXXX XXXX, and XXXX   didn't list a last activity date ... which leads me to conclude that these companies in fact DID NOT actually verify or even make a reasonable effort to investigate this account.

This vehicle was sold to me in a high pressure situation where I was told a different payment and interest rate than what was on the paperwork. In addition I was also told that I had to sign the paperwork b/c the title was already completed and that I was already in breach of contract, as well as I would be able to get a lower rate and payment in 30 days ... at the time I took them at their word, but I obviously now know better.

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