Consumer complaint received 2017-02-15
Company: ALLY FINANCIAL INC.
State: CA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
ALLY AUTO illegally repossessed my car after entering into a verbal agreement ( superceding the written contract ) not do so. I performed as agreed. ALLY fraudulently entered into the contract with full knowledge they had no intention of honoring it.. Additionally, ALLY through its deception refuses to acknowledge {$1800.00} paid to them via XXXX ( per their direction ), illegally inflating their financial records. 
XXXX XXXX the CEO being aware of the situation, he assigned my " issue '' to the 'Executive Customer Service Team '. ALLY has used 15 days so far, failed to return the vehicle, correct the financial falsehoods and has set a date of XX/XX/XXXX to dispose of the vehicle. NONE of this should be happening if ALLY adhered to the law. 
Exerts from most recent letter sent to ALLY : Dear XXXX XXXX : As you are already aware, my vehicle was illegally re-possessed by your company. 
Your company representatives entered into a LEGALLY BINDING verbal agreement on XX/XX/2017 to accept {$1800.00} towards the balance of outstanding debt, payable before the end of the month ( XX/XX/2017 ). I adhered to my part of the agreement, Ally did not. Less than 48 hours later, Sunday XX/XX/XXXX/Monday XX/XX/2017 at approx. XXXX my vehicle was stolen from my driveway. No notice. No communication. NO NOTICE from anyone. 
Please be advised your organization is in violation of the California Fair Debt and Collections Practices Act ( Rosenthal Act ), the FDCPA, has criminally violated California Law ( PC4and is liable for all damages incurred ( statutory ), other civil damages, special damages to protected class individuals and punitive damages. 
The willful failure on your part and that of Ally and its representatives to correct these issues and to return the stolen property ( my vehicle ) combined with the lack of timely correction or communication addressing all matters by you and Ally and its representatives continues to support your fraudulent and deceitful actions. You have had plenty of time to correct the mistakes of your company. 
Additional violations by Ally : 1 ) Under California law a verbal contract is binding. Since Ally failed to memorialize the terms in writing, I did within the legally binding timeframe ( of which you are aware ). This fulfills an important component of contract law in California. 
2 ) The verbal contract supercedes your written contract. Ally violated the verbal contract and performed an ILLEGAL REPOSSESION 3 ) When a vehicle is repossessed in California, the repo agent or purported " owner '' has 48 hours to contact the aggrieved party either IN WRITING of IN PERSON. Ally FAILED AGAIN. 
ALLY 's XX/XX/2017 letter ( XXXX ) was not MAILED until XX/XX/2017 and not received until XX/XX/2017. The 72 hours expired XX/XX/2017. Mailing did not occur until BEYOND THE LEGAL TIME FRAME CA law violated AGAIN. 
4 ) Violated the California Fair Credit and Debt Collection Act ( Rosenthal Act ) CCC 1788 et seq. ( 1788.1b, 1788.17, 1788.32,, the FDCPA : U.S.C. 1692 et seq. 
" The FDCPA broadly prohibits a debt collector from using 'any false, deceptive, or misleading representation or means in connection with the collection of any debt. ' i.e. Ally had no intention of honoring the verbal agreement, violating both the Rosenthal and FDCPA.15 U.S.C. 1692e. '' At no point, did Ally make any o f the REQUIRED notifications as stated above. 
At no time did Ally inform me about my rights to challenge " validate '' the debt. 
At no time did Ally inform me I had the right to ask Ally to 'validate '' the debt. 
Ally provided false information both in writing and verbally. Ally letter XXXX, claimsan unpaid balance of {$31000.00} the same amount PRIOR to my payment of {$1800.00}. Ally never never corrected the accounting. 
ALLY has conspired ( PC 182 ) to and committed Grand Theft ( PC 487 ).

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