Consumer complaint received 2024-02-24
Product: Vehicle loan or lease — Loan
Issue: Incorrect information on your report — Account status incorrect
Company: ALLY FINANCIAL INC. (MD)

In XXXX of XXXX I financed a XXXX XXXX XXXX through Ally Financial. My car payment is {$600.00} a month. Due to my husband being hospitalized I was forced to file for bankruptcy a few months later. So, in XXXX of XXXX, I filed for XXXX XXXX XXXX I was ordered to pay about {$250.00}. monthly through a wage withholding order from the trustee. At the time of my filing, I was maybe about a car payment or two behind. I included Ally in this bankruptcy so that I could also pay my arrears though this XXXX XXXX, which I did. 

Around XXXX of XXXX, I received a notice of XXXX XXXX XXXX which was filed in my bankruptcy from Ally Financials attorneys XXXX XXXX XXXX. ( Please see the attached emails between XXXX XXXX XXXX and XXXX XXXX XXXX from this law office ). I immediately filed my response requesting a payment arrangement to continue to keep my vehicle. While the attorneys were both eager to assist me with this, they first needed to create a payment agreement with me. Upon doing so they kept referring to an incorrect amount or account ledger. You can see in the emails they were way off. The information that was being supplied to them from Ally was that I was behind by almost XXXX payments. They kept referring to a payment amount of {$400.00} dollars. I had to correct them and let them know that there is something wrong. I wouldnt be XXXX payments behind because I didnt get my vehicle until XXXX. After going back and forth with them, XXXX XXXX finally contacted me on XX/XX/XXXX, acknowledging that I was correct. They were given the wrong account information by Ally. The balance that was owed was around {$4000.00}. I agreed to a payment arrangement for XXXX months, paying an extra {$440.00} each month on top of my original car payment. This agreement began in XX/XX/XXXX to end in XX/XX/XXXX. The motion was filed in the bankruptcy court to withdraw the motion for relief of stay and the order of my agreement was signed by the XXXX in XX/XX/XXXX. This motion is attached. I began my payments and I SUCCESSFUL PAID IN FULL THIS BALANCE AS AGREED. 

I continued on rebuilding my credit while in Bankruptcy. I paid all of my bills on time and raised my XXXX XXXX tremendously. In XXXX of XXXX, I received my Discharge from the bankruptcy court. I successfully completed my XXXX term. 

Then in late XXXX of XXXX. I started receiving calls from XXXX XXXX. At first, I thought these calls were scam because I didnt owe anyone, and I know Ive been paying my bills. Something told me to take the call. I took the call and found out that this company was operating as a third party for Ally Financial. They stated that I owed a balance of {$4000.00}. They advised me that if I didnt pay in XXXX  days my car would be repossessed. I was so confused. I kept trying to explain to this company that they were mistaken. I asked for a supervisor and a fax number, and I faxed over my documents to ( XXXX ) XXXX. These documents were from the bankruptcy court showing an agreement to pay back in XXXX as well as my bank statements from this period showing all payments I made. Confirming this balance was paid in full. I demanded a payment ledger and to this date has yet to receive one. I also demanded electronic access to review my own account. To this date I still do not have either. 

I called Ally Financial directly only to be transferred back to this company XXXX XXXX. They advised me that I could set up a payment arrangement, but I would need to make the XXXX payment within this XXXX window. They said the payment arrangement couldnt exceed 5 months. Can you imagine having to make such a payment on demand like that. I kept trying to explain my situation. I explain that this has created an extreme hardship for me. My mortgage is due at the beginning of the month and now I must pay this amount suddenly which will cause a hardship. They didnt care. I was left with no options according to them. I asked repeatedly why this wasnt brought to my attention sooner. I asked if I owed such an amount, why they cant provide me with proof of the missing payments on a ledger and why they didnt inform the bankruptcy court. There was no way I owed this. There wasnt enough time for me making all the extra payments and now for me to have missed that amount in payments. I even reached out to the XXXX XXXX XXXX for assistance. The email is attached. As the days ticked away and NO ONE from either the XXXX XXXX XXXX, upper management from Ally Financial or XXXX XXXX ever called back regarding my dispute of this balance. I ended up making the payment arrangements hoping that I would be provided with my ledger as I was informed it would be sent to me, then I could go from there. 

The ledger or account statement never came, so the arrangement was made with the XXXX payment due by XX/XX/XXXX, for a payment of {$1300.00} each month for XXXX months ending in XXXX. XXXX. I asked them if the due date could be moved to the XXXX of the month which is my original payment due date. I was told I had to make XXXX payments in order to have the date changed. Again, I asked for and still havent received an account ledger or access to my online account. Upon making this agreement with XXXX XXXX I received a notification that my XXXX XXXX was impacted. I logged in to check my credit and Ally Financial had reported to the credit bureau that my account was XXXX plus days past due. My credit dropped XXXX, XXXX, XXXX points. I was devastated. I filed a dispute because clearly my credit was reflecting the last payment made and if my account was XXXX days late why wasnt the XXXX of the XXXX payment been showing late. This time would have been included in my bankruptcy. 

That was only the beginning. Because I had to pay that XXXX payment by the XXXX of XXXX, I had to contact my mortgage company. So again, my XXXX XXXX took another hit because now my mortgage is being reported late. I have contacted Ally Financial repeatedly for a copy of my account ledger or access to my account online and Im again transferred to XXXX XXXX. When I asked why they are managing my account, they said it was because I filed for bankruptcy. I am no longer in bankruptcy. I received a discharge in XX/XX/XXXX. My mortgage company has restored my access to my online mortgage account. I dont understand why they havent. 

Since XXXX payment was the second payment made in this agreement. I contacted Ally Financial who transferred me to XXXX XXXX where I requested that my future payments be moved to the XXXX of the month. This meant XXXX, XXXX, and XXXX payments in this agreement would be made by the XXXX of the month. My payment agreement due date was changed as agreed. Around the XXXX of XXXX, I received a notification from my credit report that Ally Financial had once again reported to the XXXX Credit Bureau that my payment was late. Another impact on my credit, bringing my score down even further. I immediately filed a dispute explaining that my account was updated to a due date of XXXX beginning in XXXX. Quickly the credit bureau was able to confirm this and remove that late payment. However, my score never went back up. 

Something just didnt sit right with me since I still have no proof that I even owe this balance without my account ledger to refer to or access to my own account. I went through all of my payments, and I havent missed a payment since I agreed to pay them while I was in bankruptcy. So, there is no way I owe them this balance. Clearly, they have something wrong. I decided to go to XXXX XXXXXXXX XXXX for assistance. On Friday XX/XX/XXXX. I went to legal aid with all the documents enclosed ( plus my bank statements from XX/XX/XXXX showing my payments made to Ally ). I sat down with XXXX XXXX XXXX. A consumer law attorney. He advised me to file this as I am doing now. He stated that a few things could have happened. As the email showed at some point Ally had the wrong account information for me and this could again be the case. He stated that another scenario would be that the arrears on my account were never satisfied because the money I paid in the agreement was applied incorrectly to my account. Meaning the money was applied but not divided to go towards the arrears. Causing me to still have a balance. While he couldnt give me a certain as to what happened WITHOUT THE LEDGER OF MY ACCOUNT. He also stated that he believed this is poor business practice because while my account was in bankruptcy, the creditor Ally should have notified their attorney about this amount which was still due. My credit shouldnt be impacted now about missing or past due payments that was never reflected in my bankruptcy. He stated if this balance was owed then, it would appear that, I didnt fulfill my obligation to the agreement and a new motion shouldve been filed in bankruptcy court. He stated my bank statement shows and is distinguished enough to see my original car payment and the additional payment being made as agreed. He asked me to put in writing again that I am requesting a copy of my complete ledger and to file a dispute with the three major credit bureau as well as the Federal Trade Commission, and Consumer Financial Protection Bureau. He advised that he believes there is a whole lot of wrongdoing here and it starts with me not being able to verify the debt they claim I owe. He stated he couldnt take me on because I am over income, but he could point me in the right direction. 

I am writing to you today in the hopes that you can review the information I have provided. I would like someone to review the practices of Ally Financial and XXXX XXXX XXXX. I am sure I am not the only one this has happened too. While my auto loan with Ally Financial is on its way to be paid off in full with around XXXX payments left, I still would like the right to review my account online and the right to see the account ledger of my debt. 

To have completed my XXXX XXXX XXXX in full its not something most people successfully do. Some end up having to convert to a XXXX. I completed my bankruptcy and was on the pathway to good credit. These XXXX  tactics by these two entities have really cost me all my hard work and they should be stopped.