Consumer complaint received 2020-10-26
Company: ALLY FINANCIAL INC.
State: CO
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Problems at the end of the loan or lease
Sub-issue: Problem while selling or giving up the vehicle

Complaint:
Correspondence sent to XXXX at her request, through the dealership, XXXX XXXX XXXX  XXXX, Colorado ( buying dealership. ) I am writing in regard to a concerning phone call I just received from XXXX XXXX, a dealership in XXXX, Colorado that agreed to purchase my vehicle, a XXXX XXXX XXXX. 

I leased that vehicle and due to our current economic situation, which includes furloughs at my employer, I made the difficult decision to sell the vehicle. 

I attempted to contact Ally Financial and speak with a live person, but unfortunately your company had extreme hold times and I was unable to speak with a person. As a result, I used your automated system to obtain the payoff amount ( also referred to as a buyout quote ) and sale price of {$25000.00}, which I confirmed by going to Ally.com, as shown : XXXX attached to original email I subsequently provided this information to XXXX XXXX who agreed to purchase the vehicle for {$26000.00} which I agreed to. 

Colorado law allows for lease buyouts through a licensed dealer and there is no stipulation for different sale prices for the lessee or purchasing dealership. A single price is offered and communicated in both the Ally SmartLease document I signed as well as Ally 's website. I attached relevant screenshots to the original email. 

I'm confused why, in the second week of XXXX, Ally/XXXX  has chosen to try and add an ADDITIONAL cost of {$590.00}, without notice, without lawful disclosure, per Colorado Revised Statutes, and during these unprecedented times where the trend from ethical companies is to support their customers! 

From Ally : image.png ( screenshot from Ally 's emails stating they will support customers during the pandemic, particularly those in precarious financial situations, of which I've found myself in, through no fault of my own. Their email also includes thanks to XXXX XXXX for their service during COVID-19 ) This is all the more ironic, considering my wife ( co-lessee ) and I are both XXXX XXXX XXXX XXXX! 

Furthermore, my records indicate this lease was closed out as paid almost a month ago : image.png ( attached to original email and shows the lease as paid/closed ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

This is extremely out of the norm, extremely disconcerting, and frankly, a very sloppy way to do business. I had every intention of leasing another vehicle from XXXX when our financial situation stabilizes along with the economy in the future, but based on how this shakes out, I may find another financial institution to do business with. 

Lease buyouts, whether at term or early, are negotiable. 

Fees, charges, penalties, et. al. are all subject to clear and distinct disclosure requirements, per the Colorado Revised Statutes, and per the Consumer Leasing Act ( 15 U.S.C. 1667-1667f ). 

I would implore you to carefully review this situation, in light of the totality of circumstances, as well as the laws that apply in this situation, particularly since this " fee '' seems to me to be arbitrary, considering the standard of lease terminations. 

Respectfully submitted, XXXX XXXX XXXX This email was sent XX/XX/XXXX and I confirmed it was a valid email address through the domain controller. The email has been and continues to be unanswered! 

There is no provision to speak with these people by phone. Attempts to contact them by phone result in hours of wait times. I have also sent emails to their general customer service and even their XXXX page! No response. 

They have since reactivated the lease in their online system ( account manager ) amnd now show me to be past due!!!! They are in receipt of a check for the advertised ( on their website! ) payoff amount of {$25000.00} sent by XXXX XXXX  XXXX XXXX, CO. They then contacted XXXX in Titles at XXXX XXXX  ( XXXX ) and asked for an additional {$590.00} " fee '' because I was not the person/entity that sent the check in. 

Nowhere in the signed Smartlease contract I have are there any stated provisions for if/when a licensed auto dealership ( in Colorado or otherwise ) may be charged an additional fee. In fact, Section 3. of the SmartLease contract indicates there is NO OTHER CHARGES and NO DISPOSITION FEE. 

Section 28. - Early End : You may end this lease at any time. We ( Ally ) may end this lease if you are in default or the vehicle is a total loss. I have never been in default on anything in my life. My last credit score provided to me by the dealership was XXXX FICO. 

My only expectation at this point is that Ally Auto Financial/Ally Bank immediately remove any and all " late payment '' reporting to my and my co-lessee ( XXXX XXXX ) credit reports and accept the payment sent to them in accordance with applicable state and federal law and the aforementioned contract ( SmartLease ).

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