Consumer complaint received 2023-01-25
Product: Vehicle loan or lease — Loan
Issue: Struggling to pay your loan — Denied request to lower payments
Company: ALLY FINANCIAL INC. (TX)

I filed an original complaint against Ally within the past month. XXXX is the person that investigated the matter. She concluded her investigation and provided a formal response via the CFPB portal system, on the second page of the formal response from Ally on Ally XXXX XXXX, it clearly stated at the bottom of page two of the letter that collection efforts on my account would not start back up until 10 days after the date of the letter which was dated XX/XX/2023. The collections have never stopped. My mother received a call from XXXX in their loss/collections department who left a voice mail on my mother 's voicemail asking to speak with my dead father XXXX XXXX XXXX he was not on my credit application and has been dead for 20 years. My mom forwarded me a screen capture of the transcript of the voicemail and the voicemail itself. I have been in consistent contact with both XXXX and multiple employees in the loss/collections department. I received a pledged assistance payment of {$800.00} from a local non-profit that issued a corporate check in the amount of {$800.00}, this payment was documented and noted and I even have emails from the Ally system stating that my promise to pay date was approaching. I sent a picture of the check to XXXX and a gentleman that I spoke with made notes and told their processing department to be on the lookout for the check number, routing number, account number, name of the bank, and name of the non-profit. I am XXXX and the nonprofit helps people with my unique health condition that I do not wish to disclose. Ally rejected the payment and Ive sent several emails to XXXX and have not heard back. 

So now my continued complaint has gone past the extreme breakdown of communication, XXXX when she first spoke with me after I answered the call Monday night went into how she's been trying to reach me and I've not called her back when I have called back and she's been off work or after her working hours and has spoken with others in her department. She said that she had not reviewed my account notes on a recorded call, I asked why, and then she looked and said " oh there is a new case open on your account, this never happens ''. Well, it happened to me and my unique situation. 

Also, Ally rejected payment that was being made on my account from a third-party non-profit, resulting in a delay in a payment being applied to my account, therefore, pushing it further into a delinquent status or aging status. 

Finally, Ally broke the rules or regulations of collections after stating in a letter from XXXX representing Ally stating there would be a ten-day delay before resuming collection activities on my account. So this has to break federal or state collection regulations. If I were to pursue legal action for violating fair debt collection practices I could at a minimum be awarded {$1000.00} if not more. 

Also on the recorded call with XXXX after I asked her how she got my father 's name she said " it's public record '' his death is also public record and she said she was sorry but it has already been done. 

I need better communication and some resolution to my situation because I keep being told my account is going to be charged off at the end of the month and they are actively trying to repossess it. 

My car is at an auto body shop locked up, I can't get it back until I pay {$1900.00} for the deductible and cost of an estimate for the other repairs. 

I would really like to work this out so that it will help both myself and Ally. If Ally does not make concessions or try to modify my loan or issue an extension and apply the {$800.00} payment that they have and are holding and not applying to my account. 

I will be forced to file for bankruptcy before the end of the month and reaffirm my debt to them. if my car is repoed and sold at auction Ally will lose money and it will further hurt me as a customer and consumer.