Consumer complaint received 2017-02-10
Company: ALLY FINANCIAL INC.
State: TX
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
I had a car repossessed on or about XX/XX/XXXX. The auto loan and title belonged to Ally Financial Bank. XX/XX/XXXX, I requested from Ally Financial Bank a copy of the " Notice of Intent To Sell Motor Vehicle '' AND the Receipt of Sale by Auction. They told me to call the " Recovery Team '' which I did and they had no idea what I was talking about because Ally Financial Bank owned the Auto Title ( Pink Slip ), the Recovery Dept does not hold Auction Sale Receipts, and that auto loan dept. should have given me the Auction Bill of Sale copy upon my request. A second phone call to Ally telling them what their Recovery Team said, they continued to give me the run-around, and developed a standard of circular department calling which I could not get anywhere! 

The repossessed Vin # is XXXX and this is the ID of my former car I gave them. I tried to get the information from the Texas DMV, but they turned me away too and said I had to return to the Ally Bank who owns the title or had the title and loan. 
My efforts were useless. 
Ally did not abide by the following Texas Repossession Laws : Texas repossession laws dictate that a lender must mail all borrowers of a repossessed vehicle a notice stating that you have the right to retrieve ( redeem ) your car or truck once you have satisfied all of the outstanding issues related to the vehicle repossession. 
The notice from the Texas repo company will inform you of when you must redeem your repossessed vehicle by before it is to be sold at auction. 
You may be required by the lender to pay off the entire loan amount of the repossessed vehicle before getting the car or truck back. 
Texas repossession laws do not allow you to file for bankruptcy to avoid repossession of your vehicle. 
Also : The reposession agent ( towing company ) performed A Breach of the Peace And Why Does It Matter? Because I live in a SECURED, GATED HOUSING COMPLEX and these people do not have my gate code ; they followed somebody into the complex! 
A breach of the peace happens when the repossession agent ( towing company ) takes the car by illegal means or creates a disturbance during the repossession. Some examples include : ( 1 ) going into a secured area ( either gated, fenced, or guarded ) without permission ; ( 2 ) going into an underground parking garage by somehow opening the gate, or following a car in ; THIS IS WRONGFUL POSSESSION! 
TEXAS AUCTION LAW STATES THAT MY RIGHTS ARE : If you do n't pay for your Texas repossessed vehicle, it may be sold at auction : Texas repossession laws allow the lender to sell your repossessed vehicle at auction if you do not redeem it by their deadline. 
**THEY WO N'T GIVE ME THIS! ** After the sale of your car repossession, the lender will send you another notice informing you what your repossessed vehicle sold for. 
My personal items were in the car and I was not given the option to collect my belongings. 

At the time of my calls, I REQUESTED VERIFICATION of these document ( s ) of the above which Ally Financial did not provide me a copy of anything but referred me to the " Recovery Team '', which they knew nothing regarding my verification request or Bill of Sale at Auction! They violated the Texas Repossession Law by not doing giving me any of the verifications of notices. 

Ally Financial has put this repo. on my credit report as a " Charge Off '' and failed to perform in accordance with the Texas XXXX XXXX.

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