Date Received: 2020-12-11
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: GAP insurance provider unable to provide GAP insurance contract
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 930XX
Submitted Via: Web
Date Sent: 2020-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-11
Issue: Managing the loan or lease
Subissue: Problem with fees charged
Consumer Complaint: My 3 concerns : 1. Change in language to my billing statements from account number to agreement number without any prior notice and without my authorization. I am concerned this is a legal change or modification to the loan I ORIGINALLY signed. This could also indicate the sale of my loan to another company. 2. I was never told what the state of origin of my loan, until about a week ago. I had some questions about the percentage rate I am being charged ( 8.89 % ). I do garage my car in the state of Arizona. According to ALLY bank, the Arizona garaging means my loan was originated in Maryland. I would like the usury law examined to ensure I am not being overcharged in my percentage rate. What is also strange to me is that my payments go to Minnesota, Allly coroporate offices are in Texas and Michigan. Yet ... my loan came out of Maryland. I have seen no evidence of this loan origin location. It is most confusing. XXXX. This is my largest issue. I was considering re-financing my loan with another bank. So I asked Ally for the TRUE ORIGINAL loan contract documents. I want to know exact amount due. I provided them the legally appropriate 30 days to provide my original. THEY DO NOT HAVE IT. I keep getting photo copies.What is worse is three company employees have stated verbally that they do NOT have my original!!!!! Now, I have a company letter in writing stating they do not have my original!!! THERE IS NO LEGAL EVIDENCE OF MY LOAN! The most important question now is why am I paying on a loan that does not exist? This is crazy. The lender is supposed to have LEGAL ORIGINAL documents. 4. The letter I received from Ally was confusing to me so I called them on XX/XX/2020 at XXXXXXXX XXXX and asked if they are even my leinholder. I was not given an answer. I specifically asked to hear from their legal department. Now I will copy and paste here the letter I sent them on XX/XX/2020 so you can read the details of who I spoke to and when and what was said to me. XX/XX/2020 From : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, AZ XXXX Cell phone XXXX XXXX TO : ALLY FINANCIAL- AUTO DIVISION Re : FRAUD on agreement number XXXX To Whom It May Concern : I have three MAJOR fraud concerns regarding my auto loan. I have spoken to three members of your management staff and my concerns are unanswered and unresolved. 1. There was a change in language as it pertains to my auto loan. I have no comprehension or explanation as to the full ramifications of the change in language. The change occurred in XXXX of 2020. My statements prior to XXXX of 2020 had an account number on them and suddenly in XXXX of 2020, the tracking number changed to an agreement number. Any change of modification to any legal contract has to be fully disclosed in writing, prior to that change. I was given no notice ( written or otherwise ) of this very specific language change, no explanation as to why the language changed and most importantly, I did NOT consent or authorize the change you made to the loan or the tracking of the loan. This was a legal change to the loan without my knowledge. This is fraud. None of three managers I spoke to could provide an explanation about this language change. I do not know what I am paying on at this point. Your change could mean I am paying on something other than what I initially intended. Further to the point, I have continued making payments on this agreement since XXXX ( 11 months times {$490.00} = {$5400.00} ) 2020. My account is current and in good standing but, I reiterate here, I do not know what I am paying on right now. What happened to my account? How did I get an agreement without my knowledge, consent, or authorization? I found this statement language change while investigating the possibility of refinancing my loan. My interest rate is too high 8.89 % given my credit score ( XXXX ) and debt to income ratio. I could not find my original loan documents, so I had no way to verify how much money was allegedly owed on my car. I am not going to refinance without the ability to verify the original amount of the loan and verify the payments I have made and ensure the numbers are all accurate! 2. Now we arrive at fraud issue number two. In order to verify my original loan amount, I called to obtain my true and original loan contract. I called at XXXXXXXX XXXX Arizona time on XX/XX/2020 and spoke to XXXX, a manager, in the Customer Solution Team. I requested my true, original contract documents and sadly I had to explain to your manager the difference between a copy and an original. Your manager XXXX promised me I would have the original documents in my hands via certified mail within 7 calendar days. I received a copy, not an original, 15 days after my request. During my call with XXXX, he had the audacity to ask me why I wanted my legal documents and why I did not have my original. According to the law, the lender is legally liable to retain and produce true, original contract documents at any time requested or questioned within 30 days. Your company has failed to produce the true, original contract loan documents within the legally allotted 30 days. I requested the address where records requests are handled and I was given the address. I did send in a written records request. So, I requested my documents both verbally and in writing on XX/XX/2020. Since XXXX sent me a copy, I called again on XX/XX/2020 at XXXXXXXX XXXX Arizona time and spoke to another manager named XXXX in the Customer Solution Team. I asked again for the true, original loan contract, after explaining to him the difference between a copy and an original ( second manager who did not know ). He told me your company Does NOT have ANY original documents, only copies. I was in total shock hearing this, so I asked to speak to someone at the corporate office. This makes no sense to me, contracts are important legal evidence/documents, I can not conceive as to why your company would not have originals! XXXX refused to provide any corporate contact information saying you only have an internal email system. He said he could and would send an email on my behalf marked urgent and someone would be calling or emailing me from the corporate office within 24 hours. He gave me reference number XXXX. Eight days later, on XX/XX/2020 I spoke to XXXX in the Executive Relations Team. I asked her if she was at the corporate office. She said yes one of them, there are two, one in Texas and one in Michigan. The phone number I called her on was XXXX. She asked my concerns, I told her about all three concerns I have about fraud. I specifically asked her what happens to the true original loan contract documents your company receives from the dealerships. Her reply at XXXX was we scan them and destroy them. I asked her why and she had no answer. I said does your legal team know this is happening because it is also illegal to destroy legal evidence. She again had no answer. She provided me an email address and I specifically asked for this letter to be send to the legal department. Fraud is very serious. I am wondering, where is the proof of my loan? Two of your managers have told me there is no evidence of my loan. Why am I paying on a loan which does not exist? A scan or a photocopy is NOT an original. I requested the true original contract documents. According to the law Secondary evidence is not competent to prove the contents of an original writing ( meaning a copy is not admissible to court as legal evidence ). 3. The third issue is the interest rate. I spoke to XXXX, XXXX and XXXX. None of them could tell me the origination point/location of the loan. Is the origination location where the loan is processed, or where I bought the car, or based on where I live? I purchased the car in Iowa, the payments go to Minnesota, you have corporate offices in Michigan and Texas. Maybe you have loan approval locations in a different state I have not yet covered. Which state law is applicable to my finance percentage amount? Which state is the loan origination state? If I go according to Minnesota law, where the payments go, then my finance percentage is higher than the maximum allowable by their state law. Minnesotas written contract percentage maximum is 8 % and I am paying 8.89 %. What the heck is going on? XXXX managers, no answers, and no legal documents/ evidence of this loan. I am also disappointed there is no one immediately available at the corporate office to manage serious fraud issues like I have. A month has gone by and multiple calls, on my part, just to try and access someone who can actually help resolve this compliant. In conclusion, I have given your company the legally appropriate 30 days both written and verbal notice to provide the true, original loan contract documents as it pertains to agreement number XXXX. The original can not be produced. Very simply put, no proof of loan, no loan. Here is what I want. I want this situation resolved immediately! There is no evidence of this loan, so the loan is null and void. Thereby, I do not owe any money on this loan. I want the title sent to me immediately along with a check for the amount I have overpaid since the language change your company made fraudulently. The check amount, at this time, for my overpayment is {$5400.00} made out to XXXX XXXX XXXX. Send both the title and check to me at : XXXX XXXX XXXX XXXX, XXXX, AZ XXXX. You have my permission, for the time being, to reach out to me via email if you wish to communicate with me to remedy this situation swiftly and amicably. My email is : XXXX. Any possible phone conversations will have to be booked via email. I expect a reply on or before XX/XX/2020. One again, todays date, the day of notice is XX/XX/2020. Sincerely, XXXX XXXX XXXX XXXX last note, it is crazy to me that customer service people will not provide any phone numbers or names or emails to anyone specifically who can actually make a decision. It is a continuous chain to non-descrip people who listen and take notes but do NOT solve problems. I twice requested to be in touch with their legal team.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 86326
Submitted Via: Web
Date Sent: 2020-12-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-10
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Ally Bank continues to hold my funds hostage. I still have not received a debit card and I've called over 10 times to report this issue and nothing is being done to resolve the issue. I have NO access to a branch or any other way to access funds I've deposited through electronic means. I've asked for deposit slips and checks as well. I have not been provided anything. They also have my outgoing XXXX transfers restricted so that they take 3 business days to process which normally should take 30 minutes or less. They have no problem accepting XXXX deposits immediately. Multiple people at the bank seem to just be lost in regards to these issues and can not help. I'm also unable to receive instant deposits from my XXXX XXXX pay because the bank can not figure out how to accept RTP ( real time payment ) transactions. Every other financial institution I've ever used has had no problem accepting, and making available any funds I've initiated for instant pay. Those financial institutions are XXXX XXXX, XXXX XXXX XXXX and XXXX XXXX XXXX. So if they have no problem accepting RTP transactions what's your excuse? If you have no idea what RTP is you should look it up. There's information listed online from XXXX XXXX XXXX. My biggest issues with Ally remain that I have no access to my funds outside of MULTIPLE business day ACH transfers because they will not get a debit card into my hands. My card should have been sent expedited in the first place and if you claim that mail is slowed due to COVID-19 you should reflect that in your agent time-frame which has been 5-7 business days. It has now been past 7 business days and my card is no-where to be found. I'm really tired of banks thinking they can just do what they want with no repercussions. I don't know what needs to be done but I expect a debit card in my hands by the time you get this. I expect a detailed answer on Real Time Payments through XXXX XXXX XXXX You can find out more as a financial institution by emailing them : XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NC
Zip: 27405
Submitted Via: Web
Date Sent: 2020-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-10
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have been in constant contact with ally financial, i made a partial payment in XXXX, but full payments every month since, i have been trying to catch up the other part of the payment which is roughly XXXX/XXXX to bring it current. I have requested for them to not call before XXXX as I am at work and it can get me in trouble and costs me my job, and they stated it was notated on my account to not call before XXXX. Monday XX/XX/2020 Ally financial contacted me at XXXX XXXX and when i spoke to them on monday I again informed them that I am at work and can not talk and do not contact me before XXXX. The lady said it is notated in the account but they close at XXXX and i said fine then change it to XXXX but I am currently at work and I'm usually off between XXXX and XXXX and can't talk she continued to try to collect a payment from me after I informed her that I am at work and can not talk. she said she notated the account to not call before XXXX. I told her I will call them Thursday XX/XX/XXXX in regards to the account and possible payment. Today is Thursday XX/XX/XXXX and they called me at XXXX XXXX I answered and told them I'm at work and asked why are you contacting me during this time I just spoke to you guys monday telling you not to contact me before XXXX and that I will be giving you a call today after work. She hung up on. I called them back, after speaking to the team lead at work to take a moment to handle this and I proceeded to speak to another lady at ally financial complaining about this situation. She apologized and said she is notating it in the account, i said it's been notated in the account, it used to be XXXX, then monday I said ok change it to XXXX because you guys close at XXXX, i requested to speak to a supervisor i spent the next 15 to 20 minutes on hold waiting for a supervisor. The supervisor finally gets on, his name is XXXX, very nice very professional and says its notated and apologizes again as well. All of this for XXXX????????? I pay XXXX a month for a car payment. My payment history isn't perfect but I pay the bill, this is the latest I've been with the bill and it's only a partial payment. they have threatened to repossess my vehicle by sending out a repo letter which I was able to get avoided by making my normal payment. The repo letter was because I'm XXXX behind, I have requested a rewrite in which I was informed that if i pay the XXXX they can rewrite my account to make my payments smaller. I was told this by the lady on monday 's call. XXXX, the supervisor informed me today that I have to pay XXXX plus XXXX for late charges before they can rewrite my contract to make the payments lower. I'm just trying to catch up on the bill and have been very forthcoming and very much in constant contact and communication with the company. Yet they keep calling during my work hours which i have asked them not to and they are telling me 2 different things.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MD
Zip: 21224
Submitted Via: Web
Date Sent: 2020-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-10
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Ally Financial is reporting a lease as a charge off account. This is factually untrue. The car was destroyed, the lease ended, the insurance was taken care of, the final balance required paid. Ally Financial refuses to change the reporting status of this account and it is causing me extreme financial hardship.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 076XX
Submitted Via: Web
Date Sent: 2020-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: There are unknown hard inquiries on my credit report. Im requested the verification of the inquiries and the method of verification. On XX/XX/2019, XXXX XXXX add a hard inquiry on my credit report per XXXX. On XX/XX/2019, XXXX XXXX XXXX XXXX add a hard inquiry on my credit report per XXXX. On XX/XX/2019, Ally Financial add a hard inquiry on my credit report per XXXX. But companies did not provide the following proof : Permissible Purpose My written authorization Proof that I personally initiated these inquiries. To my knowledge, I have not signed any documents authorizing your organization to view my credit history therefore, your inquiry into my credit report violates the Fair Credit Reporting Act, Section 1681b ( c ) : Transactions Not Initiated by Consumer.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30127
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: On XX/XX/XXXX I filed a dispute with Ally for reporting an incorrect late payment on my credit, which is preventing me from refinancing my house at a XXXX loss. They admitted originally that this was their error as my account shows all on-time payments. Additionally they have had 46 days to correct the problem and the only response they will give me is they will send an email to the credit department to try to expedite it. I originally filed a dispute directly with them to speed up the process, but to no outcome. They will also not give me contact information such as a phone number or email to the credit department that can actually remove this error from my credit.
Company Response:
State: IA
Zip: 50263
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: My car was damaged severly, I made the decision not to repair car or report to my ins.co.the car was picked up less then 24hours after accident.when my towed truck went to pick up vehicle, the vehicle had been picked up by another towing company.Ally Fin. [ title holder ] contacted me around XXXX and asked me what was my intentions on picking up car, I advised them that I no longer wanted the car and I would continue to make ontime payments as agreed until paid off.I was advised by them that I would not be allowed to make online payments in the future and would have to XXXX XXXX payment.When I called on XXXX to get info on making XXXX.payment, I was advised that car had been repo from junkyard and I owed additional fees.At this point I did get a little upset and XXXX.payment was late maybe about 12 days.My complaint is I have a Repo on my credit report, also co-signer has repo on his report, I feel I didnot break agreement with Ally in any way, car was insured, not behind on payments ( I am still making ontime payments, If I was advised upon first phone call from Ally, that I would need to pick up car from towing company or I would face repo, I would gladly have done so, I would like to payoff original amount which is around $ XXXX.as of today and have repo removed from my and co signer credit report upon final payment.I am not behind on payments to this day.Your help in this matter is greatly appreciated.XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30014
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I see multiple 30-60 days late marks which is a clear violation of my right under the FCRA. The company has never responded to any of my attempts to obtain any proof or documentation that will prove this account is being reported accurately.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33312
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: My finances have been affected by covid. I need a payment extension.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 90250
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A