Consumer complaint received 2020-01-14
Company: ALLY FINANCIAL INC.
State: CT
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Problems at the end of the loan or lease
Sub-issue: Excess mileage, damage, or wear fees, or other problem after the lease is finished

Complaint:
In XXXX of XXXX I began a 3 year lease through Ally Auto for my XXXX XXXX XXXX XXXX. On XX/XX/XXXX I traded in my car early. The XXXX dealership provided me with a check for the remaining payments, of {$1100.00}, so that I could pay the remaining balance and close out the account. After receiving the check, I made an online payment through XXXX XXXX XXXX on XX/XX/XXXX for {$1100.00}. Being so busy and hectic, the next day, on XX/XX/XXXX, I made a duplicate payment for {$1100.00}. On XX/XX/XXXX, upon reviewing my bank balance, I realized my error and contacted Ally about refunding me. First they said my money was now in a security deposit and could not be refunded to me until my car was auctioned, sold, and reassessed. They said at that time it would be determined how much I would be refunded, if any. When I argued that they had no right to keep my money which I double paid in error, and requested a refund, they said that wouldn't be possible and told me to call my bank and ask them to stop the payment. I called the bank and they could not stop the payment, as ALLY both had already been cleared. My bank and I called Ally together and were told the same thing, that they would not be able to refund the duplicate payment, and that it would now be placed in a security deposit until the car was auctioned and sold. I was told that once the car was sold, the car would be inspected to determine the amount I would be refunded, if any at all, of the money that was paid accidentally, TWICE. I responded that I had already received the notice in the mail, dated XX/XX/XXXX, that the assessment had already taken place, and that I owed {$300.00}. XXXX for wear and tear. The representative continued to repeat herself that this was company policy and I would not be receiving my DUPLICATE payment until the car went to auction, was sold, and reassessed. After a very lengthy discussion, they finally agreed that I would not need to wait through all of that, and that they were required to hold my money for 10 business days, but at that time, on XX/XX/XXXX, the check would be written and would appear back in my account no later than XX/XX/XXXX. I asked repeatedly if they could guarantee this, and they finally agreed. However, this only happened when I called with my bank. When I called without representation, I was given the same run around. I assured them that if I didn't see the money in my account on XX/XX/XXXX, I would be calling back with my bank. They assured me the money would be refunded by then. On XX/XX/XXXX, the money was not in my account, so I called back with my bank as I said I would. At first, we were told there was no record of my double payment. After waiting on hold for a ridiculous amount of time and being transferred multiple times, we were given the same story about the car going to auction, etc. I stated that I had already been through all of that and the representative just kept repeating the same thing over and over. When my bank representative asked when the car would be going to auction, she said that she had no way of knowing, and that even when it did, that there was a guarantee I'd get my money back. I was told that this was my error and that was the policy. When I pointed out that I had been through this same discussion before and that after arguing and refusing to accept them taking my money, I was told that I would receive this refund by XX/XX/XXXX. They refused to acknowledge this and claimed that it wasn't stated anywhere on my account. When I demanded to talk to the supervisor, after being placed on hold again for an extended period, they actually disconnected the call.

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