Date Received: 2018-12-24
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: In XX/XX/2018 I bought a new car on XXXX XXXX loan # XXXX to XXXX XXXX XXXX ... I used my XXXX XXXX as trade in, this car still owed money to ally financial loan # XXXX, loan amount XXXX. XXXX XXXX supposed to payoff the trade in car loan but they didnt till XX/XX/2018. Ally financing sent a delincuent report to my credit record so affected negatively my credit score .I explained the situation to Ally financial but they told me that they cant erase the negative credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: PA
Zip: 17046
Submitted Via: Web
Date Sent: 2018-12-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-23
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: i filed a complaint XX/XX/2018 i recieved a response abouy the company policy but it did not address the XXXX i paid for 23 month i paid out my contrack the tracking # XXXX thank you for help
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AL
Zip: 352XX
Submitted Via: Web
Date Sent: 2018-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-23
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: XXXX XXXX has been calling my direct family in regards to Past Due debt for my Mother-in-Law and Sister-in-Law. They leave a message asking to call about the two individuals. When you call, there is a recording indicating this is about a past due payment and then when you speak with an agent, they tell you their auto loan is past due and they would like your assistance in helping them. The most recent incidence was today, XX/XX/2018. They contacted my sister directly and asked for a return call. I called them back to inquire what this was about, they said a debt collection and gave the name of my two in-laws. I told them to stop calling my family, they have no relation, they said they only have one number to call ( my mother 's ) and would remove it ... .I then told them this is not true as they have called my sister as well. I asked them to remove all numbers related to this account and felt that this was harassment. As well, it is adding quite a bit of embarassment to my in-laws since now the entire family is aware their accounts are past due. I believe this to be a violation of the FCRA and advised them as such.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 43230
Submitted Via: Web
Date Sent: 2019-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-23
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I purchased a XXXX XXXX XXXX on XX/XX/XXXX. My loan was processed through Ally. My first year I had no problems. By. XX/XX/XXXX I needed a deferment. XX/XX/XXXX I was deemed 100 % unemployable by the Veteran Affairs. This caused a decrease in my finances. All of a sudden I started getting calls for my nephew XXXX XXXX..then when I called XXXX XXXX was also attaced to my account. I spoke to a rep and she said I had two accounts, yet XXXX was suppose to be mine. We continued discussion the account and we both were very confused. She told me her supervisor was out. Well several days later I called back..this time the supervisor can't remember his name..XXXX..he got real mad with me..actually he was XXXX. He hung up on me and the next morning the car was gone. I called Ally and all they would tell me was how much I had to pay to get it bqck. I went to XXXX XXXX XXXX for help. I paid 2600 plus dollars. I called to see where my car was and they told me I also had to pay for XXXX because my payments are due on the XXXX and I paid on the XXXX. I went and sent what they told me I had to do for XXXX or I couldnt get my car. When I got it it was muddy inside and out..money and dvd player movies amd music missing..as I started driving there was a loud noise. Turned out that one of my tires tread was stripped. Days later I went to check to make sure my account was current. It showed I owed for XXXX. I called, rep told me I hadnt paid for XXXX..I told her how I got my car back..she said I didnt pay enough to cover XXXX. I asked for an english speaking rep..she told me they will tell you the same thing and hung up. This just made me think even more that Ally had 2 different set of people cheating me. I did an online chat and was told I was current and it will be fixed within 24 hours. It was. Then a female called me stating she was in charge of my account..I told her this cant be..I dont want my car taken again. She said none should have repoed your car. Another red flag. She told me to pay 400 plus on line ... the next day I got a lettersaying to send a check. Confused yet again. I sent a l3ttef to Ally and XXXX XXXX called me about my concerns. He told me there was an error and he was going to see if A payment could be added to my account ... then he told me no. I asked him wbout the XXXX that the nasty guy told me that it wasnt expected so they applied it to principal. However XXXX told me the money was from a case I won from cfbp and. the department of justice.RED FLAG. He said the case was closed but he was going to look into it and call me back. For weeks I called him and he never answered. Then I got a copy of a letter Id never seen. Everytime I call or write them about an issue EVERYONE HAS A DIFFERENT LIE. IM suffering enough as it is with my health for them to be making it worse because Im up all night looking out the window to see if the car is gone. Mrs. XXXX at XXXX on XXXX XXXX worked my case and has proof of the inconsistencies with them.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29223
Submitted Via: Web
Date Sent: 2018-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-21
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: They've called me every day, 2-3 times a day. I've answered and explained my financial situation, apologized for the late payment and informed them that the soonest I'd be able to make payment is in a couple weeks. The last person I spoke too told me that was unacceptable and the calls would continue until I paid the debt. I told them the phone calls change nothing and that I'd like for them to stop. I'm aware of the debt, but have zero means to make payment until the first week of XXXX. Continuing to call me, even after being given a answer would be considered harassment. The collectors response was " it's not harassment if you owe us money and that's not a suitable resolution, so we will continue to call. '' so I hung up the phone.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77354
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-21
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Vehicle leased from XXXX XXXX through XXXX XXXX. All payments paid on time via auto-drafted electronic transfer. Reported closed Pays As Agrees. In XX/XX/2018, my credit monitoring service notified me that the status of the 'paid-off on time ' auto lease was changed to Collections Charge-Off in the amount of {$240.00}. Ally Bank listed themselves as the " Court ''. Speaking with Ally, I learned that the dealership wanted additional money, but Ally instead of me. Ally took it upon themselves to change my account status. I had many phone discussions with a rep over several months trying to resolve this error. Finally, they removed the account from Collections and said if I pay the {$240.00}, they will update the status to it's original state. I sent them a check, but they lied and has not been corrected.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92117
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-21
Issue: Other transaction problem
Subissue:
Consumer Complaint: On XXXX XXXX, Ally sent me a notice that I ( as a non-spouse beneficiary ) was entitled to receive an inherited traditional IRA ( number XXXX ) b/c of the recent death of my XXXX ( XXXX XXXX XXXX XXXX. In its mailing, Ally stated that I could create an account for myself at Ally or that I could do so at another institution. But, when I elected to do so at another institution, Ally created endless hurdles of confusing forms and contradictory written and spoken instructions. Ally Bank is wearing me down with red-tape. The funds remain at Ally despite that fact that I filled out their form ( precisely obeying Ally instructions ) directing them to send the funds to my institution. I supplemented that with a hand-written letter. I have hard-copies of all documents. I do not have scanning capacity at the moment.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: RI
Zip: 02860
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-21
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: Ally Financial received payment from XXXX XXXX on a GAP claim in the amount of {$6500.00} on XX/XX/2018. It took them two full weeks to process the payment. Since I had been making payments during the very extended claim process with XXXX XXXX. The payment of {$6500.00} resulted in an over payment of {$2100.00} on the loan which should have been refunded to me. I have confirmed with XXXX XXXX and they stated the payment made to Ally Financial was from the date of loss and any over payment should have been refunded to me by Ally. The overpayment has not been sent back to XXXX XXXX. I have made multiple calls to Ally Financial regarding this matter but still have not received the refund or even an explanation of why the funds do not show as a positive balance on the account.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 76116
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I am disputing an entry on my credit report. I have contacted your company over the phone and U.S mail about inaccurate information on my credit file, but could not retrieve the information below. Due to the past history with Ally Financial misapplying payments on this account to the wrong account number and improper procedures without providing proper paperwork of discharge. Section 1036 of the frank Dodd act of 2011 prohibits covered persons and service providers from engaging in unfair deceptive or abusive acts or practices. This act also prohibits abusive practices. This is a an abusive business practice and deceptive. The state attorney general can also sue your company for unfair and deceptive practices. Deceptive practices are defined as a representation omission or a practice that is likely to mislead a consumer acting reasonably under the circumstances. Legal and unfair practice is any or all practices that causes or is likely to cause injury to consumers where the injury can not be avoided by the consumer. This is unauthorized billing that caused substantial injury. To measure unfairness, An legal assessment of an Unfairness test requires weighing cost and benefits of business practice. This particular practice resulted in substantial injury to my person. The cost outweighs the benefit and that is what legally makes this practice unfair. I do not have any legally binding contract with. Therefore your inaccurate and invalid entry on my credit is considered material to my decision making in terms of all credit related purchases 15 U.S.C. 1681 Sec ( a ) ( 1 ) ( 4 ) states The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Under these findings I exercise my right to validate your claim. The Fair Credit Billing Act requires that you bill correctly, that each statement be sent to the correct address, that you not ignore change of address requests, and that you facilitate disputed charges in a manner prescribed by law. The Act also stipulates that you provide lawfully requested information concerning my account upon request in a timely manner. Please provide my consumer disclosure file under FCRA Section 609 ( a ) ( 1 ) and provide me with the date of first delinquency ( which starts at the 30th day of delinquency. I have reason to believe that your information is incorrect. This is an attempt to validate and verify a debt against Ally Financial, the parties of which may collectively be known as Debt Collector ( s ), under the Fair Debt Collection Practices Act ( hereinafter FDCPA ). I am exercising my legal right to validate a debt that your company claims is owed. Please provide the following verifications and proof of debt as follows : I demand you forward a notarized statement on your letterhead which will attest to your compliance to the FCBA generally and to my account specifically throughout the period I have been a customer. Otherwise, delete the negative marks you have reported to the three consumer reporting agencies within the timely manner prescribed by law. I demand you provide verification of your claim that the Account XXXX held by Ally Financial per FCRA and FDPCA. I demand you provide verification balance due. Your entry on my credit file is inaccurate/incorrect. I demand you provide verification of certified letter of reinstatement. Your entry on my credit file is inaccurate/incorrect. I demand you provide verification of a letter of notice of sale. Your entry on my credit file is inaccurate/incorrect. I demand you provide verification of a deficiency notice. Your entry on my credit file is inaccurate/incorrect. To provide proof you must exhibit an original, or a genuine instrument in accordance with the UCC inter alia, Georgia State Law, UCC 3-501 ( B ) ( 12 ), and any local applicable laws, inclusive of the genuine original Promissory Note and genuine original allonge ( s ) showing chain of title, and the official accounting ledger. To provide proof you must exhibit an authoritative copy of the obligatory instrument or record, timed and date-stamped, which identifies Ally Financial as the assignee of the alleged Secured Party as the assignee of the record or records. To be valid, copies or revisions that add or change the Assignee of the authoritative copy can be made only with the participation of the secured party pursuant UCC 9-105. Please provide my consumer disclosure file under FCRA Section 609 ( a ) ( 1 ) and provide me with the date of first delinquency. I have reason to believe that your information is incorrect. I demand proof that the Account # XXXX does indeed reflect a balance XXXX from the original creditor on the date that the debt was charged off and/or closed. I have seen no proof to support your allegation and I believe no such proof exists. Please provide an audit and account shall be conducted in accordance with the generally accepted government auditing standards, the Comptroller Generals standards for audits of federal organizations, OMB Circular A-732 as basic audit criteria for federal agencies. I am also demanding a promissory note and/or an Assignment of Debt Agreement and also that the value of the attached is not sufficient to discharge this debt under the following laws : Fair debt collection Practices ACT ( FDCPA ), 15 U.S.C 1692 et seq., 1978 Title VIII of the Consumer Credit Protection ACT of 1978 The Indentured Trust ACT of 1939 HJR 192, 112 Statues at Large 48, and P.L. 73.10 of 1933 The Securities Exchange Act of 1934 The Fair Credit reporting Act Public Law No. 91-508 enacted in 1970 12 USC 411, P.L. 97-280 UCC 1-103, 1-308, 2-221, 2-104, 3-415-419, 3-500-510 The Debt Collector is given notice that pursuant U.S.C sec 1692g ( b ) : if the consumer gives notice to the debt collector in writing within the thirty-day ( 30 ) period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a void judgment, or the name and address of the original creditor, is mailed to the consumer by the collector, and in 15 U.S.C. 1681-1681 ( u ). If any of these accounts are over seven ( 7 ) years old, can not be verified and/or have been discharged, written off, charged off, sold, referred to a third party, or can not be validated, Affiant requires that these statements be deleted from the Consumers credit report. Be advised that verification is defined ( XXXX XXXX XXXX, XXXX XXXX ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or disposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party. Debt collector is further noticed that this is not a request by Affiant for a photocopy of any invoice, statement, bill, summary, agreement and the like and that any future communication received by Affiant from Debt Collector, in written as well as any other form, absent the above-cited requisite Verification of debt, irrespective of the inclusion of any photocopy of any related involve, statement, bill summary, agreement, and the like, constitutes Debt Collectors tacit admission, confession and agreement that Debt Collector has no lawful, bona fide, verifiable claim, re the alleged account, as per the Fair Credit Reporting Act and the Fair Debt Collection Practices, and Uniform Commercial Code ( UCC ). This lawful request is made in accordance with the aforementioned authorities and shall further serve as a request for records as set-forth in the Administrative Procedure Act [ USC 5 551 ]. In addition to other applicable provisions under this Act, you are advised of the obligation to notify me within ten ( 10 ) days ( excepting Saturdays, Sundays, and legal public holidays ) after the receipt of my request to inform me of any refusal or unwillingness to comply, or provide records. This is NOT a request for verification of charged off account only, but a request for validation and/or accounting where necessary as described above. During this verification and validation period, should any action be undertaken which could be detrimental to any portion of the credit files related hereto, it will constitute a breach and will result in consultation with legal counsel. This includes any listing of any information to any credit reporting repository that could be inaccurate or invalid or verifying an account as accurate when in fact there is no certified valid proof that it is.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30238
Submitted Via: Web
Date Sent: 2018-12-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2018-12-20
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Dear Sir or Madam : I am writing to dispute the following information in my file. I have circled the items I dispute on the attached copy of the report I received. These item ( s ) showing 30/60/90 days late payments are inaccurate because the vehicle that was financed by Ally was totaled by XXXX insurance on XX/XX/XXXX. Ally voluntarily stopped drafting my checking account for payment. I contacted Ally on several occasions once they reported me 30 days late and was assured no payment was required of me and that the late payment status would be removed from my credit report. Ally has made no attempt whatsoever to collect payment from me in any way. Please remove these items from my report. . Sincerely, XXXX XXXX XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MS
Zip: 391XX
Submitted Via: Web
Date Sent: 2018-12-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A