Consumer complaint received 2021-08-16
Company: ALLY FINANCIAL INC.
State: MT
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MT XXXX XX/XX/XXXX XXXX XXXX General ManageXXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MT XXXX Ally Financial XXXX XXXX XXXX  XXXX, MD XXXX XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, GA XXXXXXXX XXXX XXXX XXXX XXXX XXXX, TX XXXXXXXX XXXX XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, PA XXXX Account Number : XXXX To whom it may concern : On XX/XX/XXXX we purchased a XXXX, XXXX XXXX XXXX by engaging in a financial agreement for financing with Ally Financial under a binding legal contract initiated by XXXX XXXX XXXX, Ally, and XXXX and XXXX XXXX. Without proper and immediate notification from XXXX XXXX XXXX that the legally binding written and signed purchase and financial contract with the listed vehicle identification number, and the vehicle we agreed to purchase, finance, and were in current possession of, was not the vehicle that was purchased and financed. On XX/XX/XXXX we were notified via text message by the business manager at XXXX XXXX that there was additional paperwork to be signed that had been overlooked when we had purchased the vehicle on XX/XX/XXXX. When asked what was going on and why we needed for come down we were told it was a simple mistake in the computer stating the wrong vehicle, but that the paper contract was correct. We were told that the only problem was a simple ; one wrong number on the VIN in the computer, and all the financed and contracted information were correct on the original that was signed on XXXX XXXX. We were told there was no need for a new paper contract, and once we signed the tiny XXXX signature pad everything was a done deal. When specifically asked why we were unable to see or read anything we were told that there was NO NEED, since we already did that with the paper contract that we went over and agreed to and signed originally. It was not until XX/XX/XXXX that we were texted again and asked to come down as we needed to redo a paper contract for the vehicle. I was assured it was No Big Deal. We at this point were quite concerned as we were told that this was not needed and had already been verified with Ally Financial. I was upset at this time as we had attempted to get the plates on the vehicle, and were told that the vehicle we were driving was not owned by us according to the DMV, and could be considered stolen or illegal with assumption that the VIN was not the vehicle listed as to be in our possession. When I asked about what the NO NEED TO READ information that we signed on XX/XX/XXXX, and why we are having so many problems in regards to this purchase agreement we were again not told the entire truth and our concerns were disregarded as if we were overreacting. In the mean time I had attempted to obtain prequalification for a home that we wanted to place an offer on for purchase, and upon pulling our credit at the XXXX XXXX XXXX  we were called, and notified that because we had purchased two vehicles within a couple of weeks of each other there is no way that we would be able to pre-qualify for a loan now. I then called Ally Financial and was notified that we had two separate loan accounts one for a XXXX  XXXX XXXX and a XXXX  XXXX XXXX. I was devastated as we had been working on credit building and proving financial worth for 2 years, and when I called the business manager again I was treated as though I was overreacting and he had no idea how that could even be possible. The home ended up selling and we missed our chance, and also was denied on a current small business loan that I had been working on for over a month ; putting together a small business plan for my XXXX XXXX. I had to ask my parents to do the financing as I could not wait for this mess to be figured out. I attempted to make the truck payment as listed as due on XX/XX/XXXX, and was unable to do so as the listed account was for a XXXX XXXX that had a payment due, and the listed XXXX XXXXXXXX would not allow payment. It was not until XX/XX/XXXX that the paper contract was signed at XXXX XXXX with notification that first payment would not be for the standard 45 days, and we were also told that again nothing changed so our written contract was correct, and the two paper pages were the originals to be sent to Ally. It was then on XX/XX/XXXX that we noticed that we had the incorrect second key FOB and owners manual which was even more upsetting and suspicious. It was then on XX/XX/XXXX that I attempted to make a payment believing that would be my first payment as told, and I was notified that I am 30 days past due. I was devastated as the payments are {$1600.00}, and there is no possible way that I could just come up with the extra. I did make the payment and wanted an investigation with Ally, and they just kept telling me my problem rests with XXXX XXXX, and when I would call XXXX XXXX I was told my problem was with Ally. I attempted in the excess of 10 times to speak with XXXX XXXX, leaving messages with no response, and Ally refused to correct the information acting as if I was lying about the situation. When XXXX came I made a payment in the hopes that it would be corrected only to find out that I was reported as 30 days late again, and was pretty much continuously told to make the account current which was financially impossible to just come up with that extra money like it was no big deal. It has been a continued arguments and fights since then including being unable to even continue to have accounts with other XXXX XXXX, personal and business accounts etc because of our credit report and score. This vehicle purchase, that we thought would help our financial worthiness, has instead destroyed XXXX and me financially. 
This has resulted in an extremely upsetting, financially ruining, and very costly experience with the XXXX XXXX XXXX dealership regarding the incorrect VIN, initiation of a faulty binding legal contract regarding the purchase of the vehicle and financial acceptance and responsibility, and your financial team changing without agreement and prior knowledge the original purchase and financial acceptance agreement with XXXX XXXX and Ally Financial, therefore leading to loan default and incorrect reporting to credit agencies resulting in current financial ruin and personal financial self-worth. We are requesting compensation from XXXX XXXX XXXX for our losses including acquired financial loss, acquired debt, and verification of inaccurate information as reported to the furnisher ( Ally Financial ) and the CRAs.

This document will serve as the necessary written proof verifying that the negative reported information is confirmed inaccurate and is to corrected immediately upon receipt based upon the set forth laws and regulations regarding the OBLIGATIONS OF FURNISHERS UNDER THE FCRA STATES ; If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 )..

In a one on one conversation between XXXX XXXX and XXXX XXXX, Tuesday, XX/XX/XXXX, I was told that I would receive compensation for this by XXXX XXXX, and XXXX and I would agree to the terms and sign a legal agreement releasing them of any further legal obligations in the future regarding this matter. This letter will serve as the necessary legal information regarding the inaccuracies of the account therefore certifying that the information was indeed inaccurate and by law will be removed from the credit report histories of XXXX XXXX XXXX and XXXXXXXX XXXX XXXXXXXX thereby removing all negative account history, late payments, and listed loan default in regards to Ally Financial. The financial obligation to be corrected is the negative current history on the account for the purchased vehicle due to this is {$6700.00} which will bring the account paid and current, noting that it would not be in the negative if this would have been brought to our attention and the individuals involved would have been upfront and honest in the beginning. 
Please call me at XXXX once financial check is ready in the amount of {$6700.00}, and this written contact has been verified and is ready to be signed by listed parties ; XXXX XXXX, General Manager XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXXXXXX XXXX XXXXXXXX. 





XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX General Manager  XXXX XXXX XXXX Enclosure All furnishers of information to consumer reporting agencies must comply with all applicable regulations. 
Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureaus website, www.consumerfinance.gov/learnmore. 
NOTCE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are founds in Section 623 of the FCRA, 15 U.S.C 1681s02. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is available at the website of the Consumer Financial Protection Bureau ( CFPB ) : www.consumerfinance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S.

Code is at the end of this document.

Section 623 imposes the following duties upon furnishers : Accuracy Guidelines The FCRA requires furnishers to comply with federal guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. Federal regulations and guidelines are available at www.consumerfinance.gov/learnmore. Section 623 ( e ).

General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ).

Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ).

Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified for the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to the CRAs. Section 623 ( a ) ( 1 ) ( B ).

If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ).

Furnishers must comply with federal regulations that identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Under these regulations, furnishers, must complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. Section 623 ( a ) ( 8 ). Federal regulations are available at www.consumerfinance.gov/learnmroe. Section 623 ( a ) ( 8 ). 
Duties After Notice of Dispute from Consumer Reporting Agency If a CRA notifies a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ).

Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain files on a nationwide basis. Section 623 ( b ) ( 1 ) ( C ) and ( b ) ( I ) ( D ).

Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provided relevant additional information to the CRA ). Section 623 ( b ) ( 2 ).

Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ).

Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnished information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account closed. Section 623 ( a ) ( 4 ).

Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to profit or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumers file.

Section 623 ( a ) ( 5 ).

Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to profit or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ).

Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as defined in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The CFPB has prescribed model disclosures, 12 CFR Part 1022, App. B.

Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnishers agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information.

Duties When ID Theft Occurs All furnishers must have in place reasonable procedures to respond to notifications from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each CRA of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is notified pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). 
The CFPBs website, www.consumerfinance.gov/learnmore, has more information about the FCRA, including publications for business and the full text of the FCRA Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : Section 602 15 U.S.C. 1681 Section 615 15 U.S.C. 1681m Section 603 15 U.S.C. 1681a Section 616 15 U.S.C. 1681n Section 604 15 U.S.C. 1681b Section 617 15 U.S.C. 1681o Section 605 15 U.S.C. 1681c Section 618 15 U.S.C. 1681p Section 605A 15 U.S.C. 1681cA Section 619 15 U.S.C. 1681q Section 605B 15 U.S.C. 1681cB Section 620 15 U.S.C. 1681r Section 606 15 U.S.C. 1681d Section 621 15 U.S.C. 1681s Section 607 15 U.S.C. 1681e Section 622 15 U.S.C. 1681s-1 Section 608 15 U.S.C. 168f Section 623 15 U.S.C. 1681s-2 Section 609 15 U.S.C. 1681g Section 624 15 U.S.C. 1681t Section 610 15 U.S.C. 1681h Section 625 15 U.S.C. 1681u Section 611 15 U.S.C. 1681i Section 626 15 U.S.C. 1681v Section 612 15 U.S.C. 1681j Section 627 15 U.S.C. 1681w Section 613 15 U.S.C. 1681k Section 628 15 U.S.C. 1681x Section 614 15 U.S.C. 1681l Section 629 15 U.S.C. 1681y

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