Consumer complaint received 2023-07-20
Company: ALLY FINANCIAL INC.
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
Up till XXXX, I had perfect credit history with XXXX  years of perfect payments. I prepared to exit as a corporate VP for XXXX and be packaged out of the organization. I lost my job, and in preparation for starting my own company booked several quick trips before planning to launch my company. Unfortunately weeks later on my first trip which was to XXXX XXXX, I fell from a cliff off of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and other significant injuries. Unfortunately, given I had just lost my job I was also without insurance for the first time in my life. After several months of recovery I filed for Consumer Credit Counseling and began liquidating my 401k and savings in order to maintain my perfect payment history. Unfortunately, at the beginning of XXXX as I was launching my company the savings ran out and I began missing payments for the first time. 

After going through a bankruptcy XXXX XXXX review with XXXX XXXX, XXXX, I began calling my creditors as a last resort in order to avoid bankruptcy. I was surprised to find that many were so amazing and were willing to work with me, so instead of paying what money I had left to a Bankruptcy Attorney to file, I began making payment arrangements in XXXX and XXXX of XXXX to get back on track. 

This included Ally Auto. Upon speaking to Ally Auto, they explained that their process is that they cant tell you what modification they can offer until you make payments because modifications are decided by a system. This seemed very strange and I explained I had just made my payment arrangement on my Mortgage and could not make the XXXX payments they were demanding before even telling me what they could do for me. After much thought and prayer, I decided to delay my mortgage payment and go ahead and pay the XXXX payments they said would remove the repossession order and qualify me for a modification. 

Upon making the payments and allowing them to post, I called a few days later to check on the status of canceling the repossession order as promised and to do the modification. Unfortunately, XXXX XXXX at XXXX XXXX, who was the same lady I spoke XXXX not even XXXX weeks earlier as I made XXXX monthly payments XXXX per week, shared the same story that the vehicle is still out for repossession and they could not remove the order or perform a modification until I make another payment. I shared this is not acceptable and I will not make a XXXX full payment within a month when XXXX was already a hardship, in fact XXXX trying to lower it to less than the normal XXXX ( XXXX ) monthly payment. She continued insisting my car is still out for repossession and that due to the delinquency on the account I am not eligble for a modification review at this time. 

This type of manipulation and outright lying is so damaging to the trust someone has going through their first hardship and expecting that a company will follow through on their promises. 

Due to these violations of FDCPA, I would like this loan modified immediately with XXXX ) All fees and interest immediately written off XXXX ) Interest rate lowered to 3.9 % and XXXX ) the loan spread back out over XXXX payments. I have in good faith made XXXX payments totaling around {$2500.00} in which I prioritized over my mortgage modification, thus no additional payments should be required. 

Sincerely, XXXX XXXX XXXX : Ally Auto, Consumer Financial Protection Bureau, FTC for Violations of FDCPA, Attorney General of Florida

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