Consumer complaint received 2022-09-03
Company: ALLY FINANCIAL INC.
State: AZ
Product: Vehicle loan or lease
Sub-product: Lease
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:
XX/XX/XXXX I wish to report Consumer Fraud and Unfair Business Practices with Ally Financial and am seeking restitution. 

My XXXX XXXX XXXX was leased through Ally Financial beginning XX/XX/XXXX. Unfortunately, my XXXX was stolen while in XXXX, XXXX  on XX/XX/XXXX. I reported this theft to Ally Financial, the XXXX Police Department, and XXXX XXXX XXXX the day of the theft. I decided to buy the XXXX  from Ally on XX/XX/XXXX ( even though the XXXX was not yet recovered ), and requested a Buy Out Agreement from Ally, which I received the next day. Please note, I plan to wait another 1-2 months to see if my XXXX is recovered before I pursue any claim with my insurance company, XXXX XXXX XXXX 

Below are key facts and the sequence of events : XX/XX/XXXX I called Ally to inform them my XXXX  was stolen XX/XX/XXXX I requested the Buyout Agreement from Ally XX/XX/XXXX Ally sent me the Buyout Agreement via my Ally email portal ( attachment ) XX/XX/XXXX XXXX ( with XXXX XXXX ) called Ally to confirm the terms and amount of my buyout. Ally confirmed for me to mail a check for {$47000.00} by XX/XX/XXXX and then Ally would mail me my title. 
XX/XX/XXXX Ally asked XXXX XXXX what the replacement value of my XXXX  was ( if my XXXX is never recovered ) based on Comps. XXXX XXXX shared the value of {$60000.00}. Ally immediately demanded this money ( as it was + {$13000.00} greater than my Buyout ) even though Ally was fully aware I was in the middle of executing the Buyout, in line with my lease contract. 
XX/XX/XXXX XXXX XXXX and I called Ally to confirm they were clear I was executing the Buyout, they would not receive {$60000.00} from XXXX XXXX, and there was no total loss on the XXXX ( at this time ). Both the Buyout Department and Total Loss Department said they needed a letter from XXXX XXXX stating today there is no claim and therefore there is no total loss. 
XX/XX/XXXX The Buyout Agreement check for {$47000.00} was received by Ally per USPS signature confirmation ( attachment ) XX/XX/XXXX XXXX XXXX  issued the letter requested by Ally. XXXX XXXX and I called Ally to ensure they had the necessary letter and that nothing else was needed to execute my Buy Out Agreement. This phone call was a nightmare and lasted XXXX hours and XXXX minutes. We were transferred from XXXX department to another, and repeatedly put on hold. We spoke to the Total Loss Department, then the Customer Service Department, then the Buyout Department, then the Total Loss Department, and again the Total Loss Department. The call ended with an employee from the Total Loss Department telling us that I could not buy the car, and that she is personally now cancelling my Buyout Agreement. The employee made multiple disrespectful and discriminatory remarks, such as telling the two XXXX XXXX employees to be quiet. The employee made multiple threatening remarks, such as telling me I would be personally liable for the full {$60000.00}. I asked to talk to the employees manager or to the Escalation Department as the issue was not resolved. The employee refused and told me she is the Escalation Department, there is no one beyond her to escalate to, and all her decisions are final. This clearly was an exercise in futility and a ploy by Ally for me to get frustrated and give up. 
XX/XX/XXXX I wrote a three-page letter to Ally Executive Consumer Relations, citing the issue, sharing the poor customer service, and requesting help. I have not heard any response. 
XX/XX/XXXX I made my regular monthly XXXX lease payment via auto deduct. Note all payments have been on time and my account is current. 
XX/XX/XXXX The {$47000.00} buyout check cleared my bank ( attachment ) XX/XX/XXXX I called Ally Buyout Department to see when I would get my title, since they had received and cashed my check. I was told someone in the Total Loss Department has a hold on my account with the note Do not sell the customer the XXXX. Therefore, the Buyout employee said he could not send me my title even though I have paid for the XXXX per my agreement. 

These many conversations with Ally can be corroborated as : Ally records the phone calls Both XXXX XXXX and I took copious notes including dates, times, names of departments, and names of employees with every conversation. 

Ally is greedy and does not want to honor the Buyout Agreement that is outlined in my lease contract and was sent to me on XX/XX/XXXX, even after I confirmed verbally the amount/conditions of the buyout agreement on several phone calls in XXXX, even after I fulfilled the requirements of the Buyout Agreement, and even after Ally cashed my check for {$47000.00}. Instead, Ally would like to get a larger check from XXXX XXXX ( {$60000.00} ), which is the amount I will need to purchase a similar XXXX if in fact my XXXX is never recovered. 

Ally has clearly demonstrated deception, unethical business practices, and consumer fraud. I demand Ally send me my title within 10 days. If this does not occur, I will pursue punitive damages. 

I, along with XXXX XXXX, have tried to resolve this issue on at least six different occasions, investing countless hours, to no avail. The Ally customer service has been appalling. Being transferred back and forth between departments and being put repeatedly on hold is exhausting. Being told conflicting information by different departments and given an apparent runaround is disheartening. Being treated with disrespect and being threatened is unacceptable. Holding my XXXX title after full payment is rendered is illegal. 

Since my issue is unresolved, and the letter and email I sent to the Ally Customer Service Department is ignored, I plan to escalate and take the following actions today : Inform Ally top leaders of the fraud, bad business practices, and horrid customer service : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Contact my personal attorney and ask him to contact the Ally legal department directly : Law Offices of XXXX XXXX XXXX XXXX XXXX XXXX. Likely I will be referred to an attorney in XXXX where Ally is headquartered. 
Communicate the acts of flagrant deception and fraud to the news media call to action XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX consumer fraud complaints with the following agencies : XXXX XXXX XXXX FTC CFPB My Ally account information, my contact information, and Ally headquarters information is below. 

Respectfully yours, 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