Consumer complaint received 2024-01-23
Product: Vehicle loan or lease — Loan
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: ALLY FINANCIAL INC. (NV)

XX/XX/XXXX I purchased a XXXX XXXX XXXX and the car got illegally repossessed XXXX XXXX XXXX The car was sold in an auction and the remaining balance to pay was {$7700.00}. After looking at my contract on the back under " Other Important Agreements '' section number three letter F " What we may do about optional insurance, maintenance, or other contracts it says in verbatim " This contract may contain charges for optional insurance, maintenance, service, or other contracts. If we demand that you pay all you owe at once or we repossess the vehicle, you agree that we may claim benefits under these contracts and cancel them to obtain refunds of unearned charges to reduce what you owe or repair the vehicle. If the vehicle is a total loss because it is stolen, confiscated, damaged, stolen we may claim benefits under these contracts and cancel them to obtain refund of unearned charges to reduce what you owe. '' From my understanding reading this on the contract I don't anything cause its been confiscated. Also pursuant to USC 1692f number 6 making or threatening to take any nonjudicial action to effect dispossession or disablement of property ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Meaning there wasn't a court order for my car to be repossessed so essentially they have stolen my car illegally. The company ( XXXX XXXX ) who repo 'd my car didn't knock on my door with a court order from a judge to rightfully repossess my car. That's a third party entity that I have no contracts with on the matter, I have a contract with Ally Financial not XXXX XXXX. At that without my permission Ally Financial gave XXXX XXXX my information without my permission pursuant to 15 USC 1681b Permissible purposes and XXXX XXXX some how got into my gated community to get my car without my permission to give them access to the premises so that's trespassing which is against the law! That's identity theft pursuant to 15 USC 6802 Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. Seeing I wasn't notified about anything regarding XXXX XXXX to repossess my car. Section B exceptions states This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. I was never fully disclosed about XXXX XXXX at any point of my business relationship with Ally Financial and it was not any contractual agreement on the matter wit XXXX XXXX so they didn't have my permission to even give that company my personal information. XXXX XXXX would be considered a non affiliated third party that Ally Financial exposed my information reason they came to retrieve my car with no court order by a judge! They didn't give me in writing explaining to me that they will be giving my information over to XXXX XXXX. Ally Financial was supposed to give me a non-disclosure form that give me the option to opt out giving my personal information to any third party affiliates but they didn't do that.