Consumer complaint received 2016-01-28
Company: ALLY FINANCIAL INC.
State: PA
Product: Consumer Loan
Sub-product: Vehicle lease
Issue: Managing the loan or lease

Complaint:
. I have a disagreement with XXXX XXXX over a collection matter. I traded in my XXXX Chevy Cruize Lease on a XXXX Chevy Cruise. Ally Bank financed the XXXX Cruize XXXX XXXX XXXX XXXX in XXXX, Pa. In short Ally has recentlt sent correspondence that I owe for Damages on my return car. Both I and the dealer had verified that they saw no damages. I contacted Ally and they said i could see Damages on line. As sheets attached show I was unable to get on line. They do not show My car in the section that they claim I can see the damages. I explained that the DEALER SAID THERE WERE NONE AND ASKED THEM TO CONTACT THE dealer. Also, in a call they said I could pay by credit cardif I chose ( I have no cash ). They said I could go to the dealer and view the photo 's. They REFUSED to MAIL me photos. They said I could then either pay with my credit card at the dealer OR call back and give them my credit card info. I went to dealer who once again confirmed that it is their policy to MAKE A FILE on any damages to a vehicle lease turned in. They said if there inspection does NOT find any damage they DO NOT MAKE A REPORT FILE. They said it was over a week thbefore the XXXX representative came to get the car. The Dealer had the car for warrenty Engine repairs and thats when I agreed to a new lease so the dealer had car on a lift etc to do repairs yet had NO Damage report to body as alleged by Ally and they REFUSE to send paper photos. Dealer said contrary to Ally claims THEY DO NOT HAVE ACCESS to Ally bank Photos, Nor could they accept credit card payment even if they did. So Ally misinformed me. 
Since the matter is in dispute Ally REFUSES to contact the dealer, instead calls threatening me to turn over as a unpaid bill the amount to credit reporting agency 's. They call on weekends and late at night. Yesterdy for instance I told the collection agent of Ally that they are FORBIDDEN BY FED LAW to create an adverse credit report while matter is in dispute FDCPA Section 809. Validation of debts [ 15 USC 1692g ] ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 
The requirements for meeting debt validation are not tough. However, it 's not enough to send you a computer-generated printout of the debt. 
If a creditor ca n't validate a debt : They are not allowed to collect the debt, They are not allowed to contact you about the debt, and They are also not allowed to report it under the Fair Credit Reporting Act ( FCRA ). Doing so is a violation of the FCRA, and the FCRA states that you can sue for {$1000.00} in damages for any violation of the Act. 
THE COLLECTION AGENT would not listen to me wanted to hear nothing about my correspondence and insisted their contract was the guide and Fed law DID NOT MATTER. Said that it was/is going to the credit reporting agency and my credit will be ruined. I tried to argue she could not do that under the law. She was arrogant and insisted she could. 
I point out that even if there were some damage ( and i deny any ) their Lease turn in rules state that NORMAL WEAR includes Scratches that can be Buffed out during Reconditioning. Certainly even if dust or road dirt were covering such a scratch the DEALER OR I wouls have noticed any DENTS as I believe that XXXX claims existed. I relied on the dealer when I took the new lease. If dealer had said there are

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