Consumer complaint received 2025-01-27 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Voluntary repossession
Company: ALLY FINANCIAL INC.
State: NY

Complaint narrative:
XX/XX/XXXX Ally Financial Original Seller Security XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX To Whom It May Concern : I am writing regarding the above-referenced account and transaction. This vehicle was repossessed by Ally Financial in the XXXX XXXX XXXX XXXX  on or about XX/XX/XXXX. 

Under the laws of the XXXX XXXX XXXX XXXX, including UCC 9-611 and related provisions, as well as State XXXX and XXXX statutes, a deficiency can not be claimed unless all required notices were properly and timely given, and all allowable redemption and cure time limits were adhered to. 

To address this matter, please provide the following : Copies of all legal notices sent regarding the repossession, including proof of timely delivery. 
Proof of the commercially reasonable manner of the resale of the subject vehicle. 
If no such proof is provided within 14 days of receipt of this notice, the alleged claim of a deficiency will be considered null and void. Any continued collection activities or reporting of this invalid claim on my credit reports will be deemed a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

Additionally, if you singularly or severally fail to comply with the above requests, I reserve the right to seek damages against all parties under all available State and Federal statutes and UCC Article 9 remedies. 

Please respond promptly to address this matter. 

Sincerely, XXXX XXXX I am writing to formally address a number of serious violations regarding the repossession of my vehicle by XXXX XXXX and to demand full restitution for the unlawful actions taken by Ally Financial and XXXX XXXX The repossession of my vehicle occurred on XX/XX/XXXX, and I believe that these actions were carried out without proper legal procedure and in direct violation of my rights as a consumer. 

On the day of the repossession, I received an email from Ally Financial indicating that my car was at risk of being repossessed. In good faith, I immediately took steps to address this situation and was on my way to the bank in an effort to make payment and prevent the repossession. However, before I had the opportunity to complete the transaction, XXXX XXXX arrived at my property and seized my vehicle without any prior warning or proper legal documentation. 

This repossession was conducted without a sheriffs involvement or a court order, as required by law. According to federal regulations, including 15 USC 1692f and 552A I ( 3 ), repossession can only occur after proper legal procedures have been followed. I did not receive any written notification, such as a court order or sheriffs notice, which would have informed me of any legal proceedings related to the repossession. This lack of notification is a clear violation of my legal rights, as repossession should not be carried out without proper due process. 

Moreover, it is my understanding that Ally Financial, without my consent or authorization, provided XXXX XXXX with my personal information in order to facilitate the repossession of my vehicle. This is a severe violation of my privacy and consumer protection laws. Ally Financials actions in sharing my personal data with XXXX XXXX, without proper consent or disclosure, are not only unethical but also illegal under federal privacy laws. I have every reason to believe that the handling of my account has been both negligent and improper, resulting in unnecessary harm and stress. 

Additionally, I would like to address the excessive fees and charges that have been added to my account since the repossession. I have been diligent in making my payments, and there is no justifiable reason for the high fees associated with the repossession. As a single mother who has been struggling with health-related issues, including a two-month hospitalization, I am facing significant financial hardship. Despite my efforts to keep up with payments, Ally Financial has imposed fees that I believe to be both excessive and unfair. I am requesting that these fees be removed and that my account be restored to its original state before these actions took place. 

I am also requesting that Ally Financial offer some relief by moving XXXX payments toward the end of my contract. This would provide me with much-needed breathing room as I navigate through these unforeseen financial difficulties. I trust that Ally Financial, as a responsible institution, will consider my situation and take the necessary steps to address my concerns in a fair and reasonable manner. 

Furthermore, I wish to highlight that I have been in contact with Ally Financial in the past regarding this matter. In XX/XX/XXXX, I sent a formal letter to your company, detailing concerns I had about fraudulent misrepresentation during the purchase of the vehicle. I have attached a copy of this letter for your reference and hope that it will be reviewed and responded to in a timely manner. My intention is to resolve these matters without resorting to further legal action, but I will not hesitate to pursue all available remedies to protect my rights and seek justice. 

If this issue is not resolved within the next XXXX business days, I will be left with no choice but to report Ally Financial and XXXX XXXX to all three major credit bureaus and file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ). I will also consider filing a lawsuit for damages resulting from these unlawful actions. It is my hope, however, that we can reach an amicable resolution without escalating the matter further. 

I am requesting a full refund of all fees and charges associated with this illegal repossession. I also ask that you take immediate steps to correct the improper handling of my account and provide a written confirmation of the following actions : A full refund of all fees associated with the repossession. 
The removal of any negative marks from my credit report due to this unlawful repossession. 
The movement of XXXX payments toward the end of my contract to accommodate my financial hardship. 
A written apology for the mishandling of my account and personal information. 
Please acknowledge receipt of this letter within XXXX business days and provide me with a written confirmation of your intention to refund the full purchase price and resolve this matter promptly. I can be reached at XXXX XXXX XXXX should you require any further information or clarification. 

Thank you for your prompt attention to this serious matter. I trust that Ally Financial and XXXX XXXX will take the necessary steps to resolve this situation in a fair and just manner. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation