Consumer complaint received 2024-02-14
Product: Vehicle loan or lease — Loan
Issue: Repossession — Deficiency balance after repossession
Company: ALLY FINANCIAL INC. (SC)

Wednesday, XX/XX/XXXX Name on Account : XXXX XXXX Ally Auto Account number XXXX XXXX XXXX  Claim number XXXX Vehicle type : XXXX XXXX XXXX XXXX My complaint concerns 2 parties. Ally Auto ( account shown above ) and XXXX XXXX ( claim number shown above ) On XX/XX/XXXX while on the way to pick up my son from school, I had an accident in which I was not found liable. The insurance company handling the claim was XXXX XXXX XXXX ( claim number XXXX ). I filed the claim the day of the accident. 

In the meantime, my family has been going through financial difficulty and fell behind on payments. Before the accident I was receiving calls from who I thought was Ally Auto but now I know it was XXXX XXXX for payment. The last call that I received from them before the accident the lady I spoke to was obnoxiously strong and arrogant and threatened us with repossession. If I remember correctly after the accident it took me a couple of days but I reported the accident to Ally. On XX/XX/XXXX the vehicle was repossessed from my yard as we decided to bring the vehicle home after the accident due to personal possessions in the vehicle. 

Before the repossession I had been working with XXXX XXXX sending them pictures etc of the damage to the vehicle. The adjuster was about to make a decision on the vehicle as far as if it was a total loss or not when the vehicle was repossessed. 

After the repossession I called Ally on XX/XX/XXXX to ask them about what I needed to do? I knew that we owed less than what the vehicle was worth and I asked once the loan was paid off with the insurance claim, who received the overage of the payment? I already knew the lawful answer but I wanted Ally to tell me and they did. The person I talked to told me that I would receive a refund for the overage paid by XXXX XXXX. 

On XX/XX/XXXX I received a letter from Ally Stating that they were planning on selling my vehicle however at the time whoever sent the letter didnt realize the vehicle had been in an accident. The letter stated that I was past due 4 payment totaling XXXX, late charges {$290.00} but did not list the repossession pickup expense. 

On XX/XX/XXXX I received another letter listing the same numbers as above however this time they included the repossession pickup expense {$470.00}. 

I had received a rental car for 2-3 days from XXXX XXXX  but XXXX the vehicle was repossessed I had to take the vehicle back to the rental agency on XX/XX/XXXX as XXXX XXXX said that Ally owns the vehicle that was on the claim even though I was the one to file the claim and the vehicle was still in my possession at the time of the accident. 

XX/XX/XXXX I called XXXX XXXX to check in on the status of the claim and they told me that there was not an estimate as the location of the vehicle was not updated. 

XX/XX/XXXX I called XXXX XXXX to find out once again what the status was on the estimate and if the vehicle was a total loss. There was still no inspection of the vehicle thus no estimate. XXXX XXXX said they can not talk to me about the vehicle due to Ally repossessed it even though I was the one that filed the claim before the vehicle was repossessed. XXXX XXXX then told me that they have been trying to call XXXX XXXX and XXXX for the location of the vehicle the last call they had made at the time requesting the location was XX/XX/XXXX without a response back. Due to XXXX XXXX not responding to their request XXXX XXXX asked me to investigate where the vehicle was on my end. I called Ally, Ally told me to call Ally Insurance which was really XXXX XXXX XXXX. I was then told that XXXX XXXX had to submit a request for inspection to XXXX XXXX. They then gave me the vehicle location which was XXXX XXXX, XXXX XXXX XXXX XXXX XXXX SC XXXX. They then told me that the inspector can not get in to see the vehicle until the request forms have been submitted and received. 

XXXX XXXX continued to have problems getting in to inspect the vehicle. The responses were delayed from both XXXX XXXX and the storage company. Now XXXX XXXX  is stating XXXX XXXX needed an affidavit to be able to get in to view the vehicle. 

XX/XX/XXXX I received a letter from XXXX XXXX stating the following : Actual Cash Value {$41000.00} Taxes {$500.00} Title Transfer {$33.00} Tag Fee {$0.00} Subtotal {$42000.00} Payment to lien holder {$42000.00} Total net payment to you {$0.00} I am not for sure the date on this information however, I called XXXX XXXX and they said that the payment was processed and sent to the printing center XX/XX/XXXX. 

I called again and once again I am not for sure what date I called and received the tracking # for the check that was sent to XXXX XXXX. Tracking # XXXX and it was received on XX/XX/XXXX in the XXXX XXXX mail room. 

XX/XX/XXXX The payment was still not posted to my account with Ally. I called Ally Auto and they do not show that they received the check. The person I talked to said they needed to call XXXX at XXXX XXXX to see what address the check was sent to. I then received a name and phone number of the XXXX XXXX XXXX XXXX contact : XXXX. XXXX was supposed to be the one handling my account. The person said that she would be calling me but I never received a call, email, or letter from her. 

XX/XX/XXXX Once again, I called Ally, they told me that I had to call the Insurance Claims department which is actually XXXX XXXX, I was transferred to the SOD department. This time the person I talked to gave me a claim number XXXX as reference because they had a hard time finding my information. They told me that the payment had been sent to Ally Auto electronically. At this time, I referenced my concern about repossession fees, storage fees, and late fees. I was told that XXXX, who was first mentioned to me above on XX/XX/XXXX, had to reach out to Ally Auto and XXXX XXXX to resolve these matters and that she would be contacting me. She never did. 

XX/XX/XXXX I checked the status of my account to see if the money had been applied and it had not been. I called the contact number Ally noted on my account page online. XXXX Once again I was told that I needed to talk to Ally insurance which again is XXXX XXXX XXXX They then told me I needed to once again talk to the SOD department. I called XXXX and talked to a man by the name of XXXX XXXX. He told me that XXXX XXXX only sends out 1 payment check to Ally Auto once a month. He said he was going to call XXXX supervisor to find out where the payment went to. 

XX/XX/XXXX I received a secured email from Ally referencing file number XXXX The letter stated they received my call on XX/XX/XXXX and they are searching my concern. The letter stated that I could call XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX for Executive Customer Service Manager XXXX. 

XX/XX/XXXX I called the Executive Customer Service Manager - XXXX to whom sent me the secured email on XX/XX/XXXX regarding my account and stated I wanted answers. I mentioned I was reporting Ally Auto and XXXX XXXX XXXX Customer Financial Protection BureaXXXX along with the Attorney General of South Carolina.