Consumer complaint received 2022-09-24
Company: ALLY FINANCIAL INC.
State: MI
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Unable to receive car title or other problem after the loan is paid off

Complaint:
On XX/XX/XXXX, I deposited a check using my bank 's " emobile '' system where I can scan the check using my phone and it deposits immediately into my account. On XX/XX/XXXX, XXXX XXXX XXXX  XXXX XXXX XXXX ( XXXX ) called and said they had to return the check because it was expired and asked if I could call ALLY financial and have them reissue one with a new expiration date. I called ALLY to request the new check and was given the confirmation number XXXX, and it would take XXXX days to confirm the last check was expired and returned, then they would send a new one, I'll receive it in 5-7 business days. On XX/XX/XXXX, I called ALLY financial to inquire about the check, as it had been two weeks, and the CSR said it was cashed after my husband and I explained it multiple times, I asked to speak with a supervisor, and got XXXX, he mentioned the check was cashed and all he could do was send me a document saying such, I asked him should I call the bank for them to tell them they do not have the money? He said " yes '', I called XXXX and spoke to XXXX, but due to the XXXX party being on the line, for the safety of my account information, we could not finish the call. On Monday, XX/XX/XXXX, I went to the XXXX, MI XXXX branch, agent XXXX, and I called ALLY financial, he explained to them that the check was returned due to them denying the date expiration. XXXX requested I send my bank statements ( attached ) to confirm what he was saying. On XX/XX/XXXX, I faxed a total of XXXX pages ( one being the cover page ). to XXXX and put the case number XXXX on the copy as requested. On XX/XX/XXXX, I called ALLY to get the status of my claim, XXXX said, " we won't send a check because it was cashed on XX/XX/XXXX and she can send me the document showing such '' I asked her how they cash an expired check, my bank didn't cash it so how did ALLY, they returned the check on XX/XX/XXXX ( highlighted on attached documents ), they returned the check of {$710.00} and charged me a {$15.00} returned check fee on XX/XX/XXXX! I asked did they look at the bank statements sent and where it was indicated they did not have the money. I asked to speak to the finance department, she said she had to " email '' them since they don't have a contact number for me. She said they cashed the check on XX/XX/XXXX. 
I filed a complaint with the XXXX  on XX/XX/XXXX, XXXX at the XXXX department responding to complaints ( XXXX ext. XXXX ) called to inquire and I provided the same information she also said they '' didn't have the page containing the two highlighted areas ( which I can prove was there ). As I called on multiple occasions, leaft voicemails and no one returned my call, her voicemail started going to a XXXX person, once I finally reached her, she said they were still researching it and contacting XXXX  XXXX XXXX to see what happened on their end. On Monday, XX/XX/XXXX, XXXX calls to tell me " the check was cashed on XX/XX/XXXX. '' I said no it wasn't, by who and where, can you send me documentation that shows what you're saying she said no, I said well where was the check cashed, she said XXXX, I said by who she said " you, then she mentions it was the second check that was sent that was cashed, I said how I cashed the original on XX/XX/XXXX, she mentioned something about XXXX XXXX ( I was confused ). After hanging up on XX/XX/XXXX, I went to XXXX and was given a copy of the returned check from ALLY stamping on the back. I also have copies of my XXXX statement that they keep saying would hold the cashed check information ( see attached ). How can that happen if it was returned and who is NOT using common research financial sense?! I am furious with the outcome as no one at ALLY can do anything right and find out where the check was cashed and who if it was the " second check ', as I never requested a second check until XX/XX/XXXX after XXXX contacted me. This is considered fraudulent check cashing on ALLY 's behalf, No one seems to comprehend bank statements that are highlighted brightly showing the inconsistency of a check cashed and when it's not from the financial institution. Just as I didn't pay attention to the expiration date before depositing it how did they deny my bank cashing it but then they turn around and cash the check on their end? Leaving myself and my bank without funds due. That means they reported {$710.00} as cashed to their financial documents but didn't reissue the check.

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