Consumer complaint received 2018-12-14
Company: ALLY FINANCIAL INC.
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Denied request to lower payments

Complaint:
I assisted my wife and the primary signer of a vehicle loan provided to us by Ally Bank when we purchased the vehicle in XX/XX/XXXX. My wife filed bankruptcy in XX/XX/XXXX due to financial hardships we were experiencing. At the time of filing the only outstanding balance was the XXXX late fees that we had been charged on previous loan payments. We had caught up on the payments when my wife contacted Ally after the hurricane that we experienced here in XXXX in XX/XX/XXXX,  and the vehicle payments were placed at the end of the loan. We then set up autopayments once the bankruptcy was started. Once the bankruptcy was formally acknowledged by the courts and the meeting of creditors took place, the online account for the auto loan was shut down. There was no communication with me directly from Ally regarding payments, where to direct payments if online payments were not being processed as arranged by us to make sure that the car payment continued. THE ONLY information I received was a copy of the claim that Ally made to the courts regarding the vehicle. There was no letter, documentation or instructions related to how I, the primary account holder and NOT included in the bankruptcy should make payments or advised the online auto payment account had been cancelled. Because the claim was filed with the courts, no one at Ally would discuss with me because they made the claim in the court. According to the claim, the only monies that the account was behind was the late charges previously mentioned, but showed the account current otherwise with payments. 

Based on the complaint response to my wife 's contact with the company, and after discussion with a rather rude, arrogant young lady in the bankruptcy department, there are some factual discrepancies First the letter referred to is from XX/XX/XXXX. Which was after the hurricane in Florida in XX/XX/XXXX, my wife called rectified the payment situation, and we have a claim in the courts showing that the payments, other than opposed late fees were due at the time of my wife filing bankruptcy in XX/XX/XXXX. 

The second complaint I have is that the bank did NOT EVER reach out to me personally to rectify payments. They state that they contacted me x 2, however, the calls were not received by the number listed on our account. There was no notification by mail, email on file, or certified letter advising me of the issues with the account. There were no attempts to rectify this situation with me EVER prior to the tow truck showing up in our driveway on XX/XX/XXXX at XXXX, it was repossessed in my name. Per the rude individual that my wife had spoken to, the bank was notified by the courts that the stay was lifted on XX/XX/XXXX and that it wasn't her problem that we had the car repossessed without a conversation with me regarding a resolution. 

Due to the fact that they repossessed the vehicle in my name, I am the primary account holder, not involved or named in the bankruptcy, the fact that they made no attempts to educate, instruct or contact me regarding continuing payments because they cancelled the online auto pay I want the company to retro the payments to the back of the loan, and allow us to take the vehicle back. Because of the financial hardship and danger that this put our family in because of the lack of a vehicle and having an XXXX  and XXXX XXXX XXXX in the house that limited our access to them if emergency situations would occur and the fact that we have had to rent a weekly because of the slow response of the bank to my wife 's complaint, because they chose to place the repossession on my credit file before there was even a consideration of rectifying the situation, and because they knew my wife had a bankruptcy on file, the fact of trying to purchase, or lease a vehicle is out of the question. 

I am requesting that the company retro the payments due to the back of the loan, this would not harm them, this would only make them more money based on the interest rate of the loan, and you can not tell me that there has not been exceptions made previously by this bank. If a solution is not found and not satisfied to my liking, I am planning to file a lawsuit against Ally for unfair practices related to the fact that they did not allow me, THE PRIMARY signer, and not named in the bankruptcy, as well as cancelling our plans to continue payments, and then not allow me or educate me on these facts, or direct me on the address to provide payments to through the mail and not providing statements regarding the account as the PRIMARY signer. 

I find the results of the research done on my wife 's complaint incomplete, inaccurate and false to try and protect the bank 's poor policies.

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