Consumer complaint received 2017-10-06
Company: ALLY FINANCIAL INC.
State: NV
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Public record information inaccurate

Complaint:
I leased a XXXX XXXX XXXX back in XX/XX/XXXX. The lease was for 39 months. My wife and I filed a Chapter XXXX bankruptcy in XX/XX/XXXX. Instead of including the XX/XX/XXXX XXXX in our chapter XXXX bankruptcy we agreed to a reaffirmation agreement with XXXX now Ally Financial. The reaffirmation agreement was signed by my wife, myself, and a representative of XXXX. Our attorney submitted the documentation to the courts on XX/XX/XXXX. I  appeared in court on XX/XX/XXXX for the order on the reaffirmation agreement. The amount of the debt to be a reaffirmed was only for the remaining payments due on the lease which matured on XX/XX/XXXX. The judge approved the reaffirmation agreement on XX/XX/XXXX. All parties were notified by the courts. The XX/XX/XXXX XXXX was then returned to the XXXX XXXX XXXX in XXXX XXXX, Nevada in XX/XX/XXXX to the original creditor and the lease was complete and finished. The bankruptcy and final decree were completed as of XX/XX/XXXX. The XX/XX/XXXXXXXX was not included in the bankruptcy due to the fact that the reaffirmation agreement was approved by the judge. 
XXXX is reporting that Ally Financial included the XX/XX/XXXX XXXX in the chapter XXXX bankruptcy and is also reporting recent activity on the account. This is illegal and against FCRA regulations. It has been well over seven years since the reaffirmation agreement was approved by the court. My bankruptcy attorney called Ally financial and spoke with a CC on XX/XX/XXXX to try and resolve the matter and was told that they did not have to change anything if they did not want to. 
My wife called Ally financial on XX/XX/XXXX and spoke with XXXX. At first he could not pull anything up in their computer system about this account. He placed my wife on hold. Once he got back on the phone he told her that Ally Financial did in fact have all the court documents including the reaffirmation agreement along with the judges approval of the reaffirmation agreement. He proceeded to tell her that unfortunately the people that handle these cases had already left for the day. XXXX then admitted that Ally financial is reporting it wrong and that he would have someone from the department that handles such a thing change the coding and correct the information being reported incorrectly. This has been going on since XX/XX/XXXX with nothing being corrected. XXXX did admit that the chapter XXXX bankruptcy notation needed to be removed. He thought perhaps maybe it should be deleted entirely due to the age of the account. XXXX informed my wife that someone from the department that handles this would correct the coding and he would put a rush on it so that the credit bureau would be notified as soon as possible. 
XXXX has also not done a proper investigationXXXX XXXX needs to look at all the court documentation and notifications from the judge and report this account as not included in the bankruptcy or delete it altogether. Again a violation of the FCRA regulations.

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