Consumer complaint received 2017-04-19
Company: ALLY FINANCIAL INC.
State: PA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Managing the loan or lease

Complaint:
I have a vehicle loan with Ally financial. I have been behind on payments.  XXXX  years ago,  Ally viol ated the FDCPA by contacting me in excess of  XXXX  times in a  XXXX  hour period. Almost immediately thereafter, they would accept my electronic payments, hold them for 30 days and then return the funds to my bank account stating that they suspected fraud. The payments had cleared an d Ally k ept the money for 30 days and then returned it. That action seemed retaliatory to me at the time, but I did as they requested and made payments through  XXXX   XXXX  and  XXXX   XXXX  for a period of time. The issue with that was, that after they returned so many of my payments, the amount I needed to pay was in excess of what I could send in a 30 day period through  XXXX   XXXX  or  XXXX   XXXX . Then, they took my online access to my account away, so that I could n't even see if or when payments were being applied. After the repeated phone call incident, I did not want to speak  to Ally  over the phone any more and wanted to communicate with them in writing, so they took all of my accesses away so that I could not get any information except what they  chose to send me in writing. I have been attempting to get the account back to current for quite some time now by making electronic bi-weekly payments of {$400.00} ( $ 800 monthly which is {$200.00} more than my monthly payment ). Ally has sent me email c orrespondence stating that they have options for me and can help me get my account back to current, but, whenever I respond in writing, I get nothing. I have to call if I want to take adv antage of the options, but, every time I call, I am told there are no options. Last week, I sent Ally a written proposed plan to get my account current and make bi weekly payments of {$500.00}  to get my account caught up. Today, after months of accepting my biweekly electronic payments, they sent a payment back that they had held, again, for 30 days or more. There was no reason for that action. However, the last time I spoke with someone at  Ally they stated that the only reason why Ally could not take legal action against   me was because I continued making those {$400.00} payments. It seems as though this is again, a retaliatory action by Ally to make it nearly impossible for me to ever get my loan current because I am limited in how much I can send via their accepted payment methods. I believe it is unfair for them to hold my payment for 30 days, knowing it has cleared my bank, and then return it saying the payment is fraudulent. Ally seems to be trying to get me in to a position where they can sue me, but I am trying to do every and any thing I can to get this matter resolved. I have been treated very poorly and unfairly by Ally who is a ctive deceptively and also taking retaliatory action against me first, for reporting their FDCPA violations and now, for attempting to come to an alternative agreement for payment to resolve this matter.

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