Consumer complaint received 2024-11-04 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Problems at the end of the loan or lease — Excess mileage, damage, or wear fees, or other problem after the lease is finished
Company: ALLY FINANCIAL INC.
State: NH

Complaint narrative:
I am filing a complaint of the violation of both Regulation-E and UDAAP violations against ALLY bank for events and charges I received when returning a XXXX XXXX XXXX XXXX I leased through ALLY bank. The company sent me a lease ending agreement letter and this was received on or around XX/XX/XXXX indicating I owed a total of {$1000.00} in excess wear and tear plus a disposition fee. This total was made up of ; + {$660.00} ( XXXX x Tire replacements ( $ XXXX ) ) -- I am disputing this. 
+ {$190.00} Missing door mold panel - I am disputing this. 
+ {$190.00} in Excess mileage of XXXX miles at {$0.00} -- I agree to this. 
+ {$390.00} Disposition Fee -- I agree to this - {$370.00} security deposit collected when the lease began. -- I agree to this The paper explained the excesses they identified and indicated I should contact them or send back payment using the attached payment coupon. The paper stated I had XXXX from receipt of the bill to dispute these charges which is impossible since they dated it XX/XX/XXXX but I didn't receive it until XX/XX/XXXX and then once I dispute I would have XXXX to provide additional documentation but I was mislead in who was responsible for the actual charges. I was told by an ALLY representative that the dealership would be who I would need to contact to dispute these charges. This information was provided to me on a call made on XX/XX/XXXX with a representative named XXXX or XXXX I didn't document exactly which one. 

In this period between my return of the car ( XX/XX/XXXX ) and today XX/XX/XXXX I was charged multiple time for automatic payments I had never agreed to for amounts I had previously setup for the agreed lease of the vehicle per the original agreement which was establishes in XXXX of XXXX. The agreed frequency, amount and length was 36 monthly installments for {$360.00}. The automatic withdrawal of funds without consent is a violation of XXXX regulation ( Reg-E ). No where in the agreement or the paper does it identify excess mileage or post-lease amounts I received does it establish or re-establish, reiterate or clearly articulate that the automatic payments will continue to pay for excess wear\tear and other miscellaneous fees established by the bank which also violates UDAAP since the paper clearly states to remit payment to them using the payment coupon attached or to contact them. Another violation of UDAAP is that the number provided goes to the XXXX  unit at ALLY which multiple individuals I spoke with spoke to the account as if they understood the process but deceptively led me to sources not associated with ALLY bank ultimately causing me excess time, money and stress trying to figure all of this out. Below is an outline of my calls and what transpired on each. 

XXXX Pay History w/ Information : - XX/XX/XXXX - XXXX XXXX Payment for Lease Made ( Auto-Pay ) - XX/XX/XXXX - XXXX Reallocation Payment - XX/XX/XXXX - XXXX Unagreed to payment - XX/XX/XXXX - XXXX Unagreed to payment - XX/XX/XXXX - Called into ALLY bank to dispute the excess wear and tear and the automatic payments established on the account. I spoke with XXXX and XXXX. I was informed that they returned a payment ( XX/XX/XXXX ) and that automatic payments were cancelled going forward but I should double check online. I went online and checked and saw nothing in the auto-pay section. I disputed the excess mileage base rate as the number on my contract looked like a XXXX not a XXXX. I was told by XXXX XXXX XXXX other charges I would need to contact the dealership about as they were responsible. 

- XX/XX/XXXX - I finally reached someone at the dealership who informed me I had to call XXXX XXXX and provided me with a number for them. They told me to call the dealership back as they had nothing to do with the car financing. I called the dealership back and finally got to a Service\FInance manager who was well educated in this issue and instructed me that ALLY ( the financeer ) was responsible for the actual charges and there was nothing they could do. 

- XX/XX/XXXX - I called ALLY again using the number on the letter I received. The first individual XXXX told me I had to speak to their ARC unit and provided me with another number to call. The number they provided was XXXX. 

- XX/XX/XXXX - I called ALLY again using the number provided by XXXX. The first individual XXXX spoke to me for less than XXXX seconds and I had to take another call. I called in about XXXX minutes later and after speaking with another individual XXXX for about XXXX seconds after verifying my information XXXX then asked to put me on a brief hold to review the account and then proceeded to leave me there for XXXX minutes. I was pressing buttons, asking if they could hear me and eventually hung up. Terrible Customer Service. 

- XX/XX/XXXX - I called ALLY again using the number provided by XXXX and spoke to XXXX. XXXX informed me that the ARC couldn't do anything for me and that I would need to contact the Re-marketing division. XXXX was actually correct and I appreciate his help. XXXX provided me with the XXXX division phone number of XXXX. 

- XX/XX/XXXX - I called ALLY again using the number provided by XXXX and spoke to XXXX. XXXX reviewed my account and removed the charge for the XXXX XXXX since I showed that they took a picture of the missing door mold yet still charged me for it. I scheduled a call back with XXXX XXXX manager for sometime in the next 24-48 hours but " She asks if she forgets to call me to call her direct line ''. WHat am I her secretary? I am the customer and asked to schedule a call back versus having someone speak to me right then and there. 

Overall there are multiple UDAAP and Reg-E violations both in the phone calls and lettering from ALLY bank. I already agreed to pay the excess mileage and disposition fee which totals {$580.00} but don't agree with the excess wear on the tires totaling {$660.00}. I saw an overall decline in the overall quality of materials with the XXXX as we've owned XXXX prior to this and NEVER had issues like a hood that shook ( but there was no fix ), XXXX that fell off within 3 months of owning the car and though the car is not the banks responsibility the financing of these cars is ensuring they build into the amounts enough to make up the difference of normal wear and tear in their financed amount and with going less than XXXX miles over the agreed mileage and to hit me with {$1400.00} in excessive wear primarily in the tires alone to be predatory and deceptive. I agreed per a contract to the excess mileage and disposition fee but to use shoddy parts and then charge people for " excess wear '' when its normal wear and tear for those shoddy parts to be predatory and deceptive. As I stated to the representative at ALLY the {$730.00} in automatic payments needs to be returned, no additional automatic payments should be drafted and I will agree to pay {$580.00} ( less my security deposit {$370.00} ) but the molding clearly visible in the picture and the tires normal wear which totals {$850.00} XXXX wish to be removed. I believe this is fair and what was agreed to.

Company response to consumer: Closed with monetary relief