Date Received: 2022-06-07
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: In XX/XX/XXXX, my husband and I bought a XXXX XXXX from XXXX XXXX XXXX in Maryland. It was financed through Ally Financial. They were the creditor the dealer used to approve me for the loan. In early XXXX I was doing some research and I learned more about the Truth in Lending Act ant Title 15 USC. I discovered that there were some discrepancies when I financed the vehicle. I felt like my husband and I were misinformed and taken advantage of by the dealer and the finance company. For example the dealer told us it was required by the finance company that we had to put money down in order to finance the vehicle however in the agreement it states : " You the Buyer, may buy the vehicle below for cash OR on credit. '' In 15 USC 1605 ( a ) Finance charge is defined as " The amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges ... '' It also states that services or carrying charges should be included in the financed charge, however in the agreement it states that the down payment was a dealer processing service charge which they forced us to pay cash. Also, the dealer told us that we couldn't finance the vehicle without insurance and we were forced to purchase insurance out of our pocket in order to receive the vehicle. It was not disclosed to us that the insurance was supposed to be covered in the finance charge by the creditor. 15 USC 1605 ( b ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges unless : ( 1 ) the coverage of the debtor by the insurance is not a factor in the approval by the creditor of the extension of credit, and this fact is clearly disclosed in writing to the person applying for or obtaining the extension of credit ; This fact was not disclosed to us at all. After realizing these things and understanding the statute of limitation for fraud, I sent a letter of complaint on XX/XX/XXXX to Ally Financial disputing the debt and asking them to validate it and show the contract to be lawful. And if they can not validate the debt and prove the contract is lawful by providing : 1. The actual accounting 2. A copy of the contract 3. Full Disclosure 4. Lawful Terms and conditions 5. The signature of both parties Then I requested that the debt be discharged as well as other requests that can be found in the attached letter. I also requested that they send a response in writing within 15 days of receiving my first letter which I sent through Certified Mail ( see attached copies ). On XX/XX/XXXX I received a call from Ally Financial and they left a voicemail ( attached ). The person claimed that they were investigating my dispute and that they will be in touch. After that I received no other phone calls from Ally Financial nor did they send anything else in writing like I requested. I waited several more days and on XX/XX/XXXX my husband and I decided to call them and speak to the representative who reached out to us. We received no answer and left and voicemail ( attached ). We called again a couple of days later and received no answer and left another voicemail. During this time while the debt is in dispute they still sent emails saying that I was late on my payments and it affected my credit score negatively. Under the Truth In Lending Act I read that when a debt is being disputed all debt collection practices ( including the furnishing of information to credit reporting agencies ) on that particular debt should cease for at least 30 days or until the debt is validated or discharged. - Title 15 USC 1692g. Validation of debts I recently did send a conditional payment on XX/XX/XXXX so that this can be resolved without any legal actions. I waited to see if they would send written response to my request for 30 days since I sent the first letter and I have yet to receive any written notification through the mail. My husband and I are emotionally and mentally exhausted trying to contact them about this and we would like help from the CFPB to assist us in this matter. Here is the information for the Account. Creditor : Ally Financial Name of Consumer at time of purchase : XXXX XXXX Account Number : XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19713
Submitted Via: Web
Date Sent: 2022-06-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-06
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: I HAD AN AUTO LOAN WITH ALLY AUTO ON MY XXXX XXXX XXXX XXXX, WHICH I REFINANCED THROUGH XXXX XXXX XXXX IN XX/XX/XXXX. XXXX PAID OFF MY LOAN ON OR BEFORE XX/XX/XXXX IN FULL, WHICH ALLY CONFIRMED XXXX OFF BEING PAID OFF BY XX/XX/XXXX. ALLY AUTO STILL TOOK THE XXXX WITHDRAWAL FROM MY ACCOUNT OF {$850.00} ON XX/XX/XXXX. I CALLED ALLY ON OR ABOUT XX/XX/XXXX TO NOTIFY THEM OF THE OVERDRAFT ON THEIR PART AND THEY INFORMED ME THAT IT COULD TAKE UP TO 30 DAYS TO REFUND MY {$850.00}. IT IS NOW XX/XX/XXXX AND I DO NOT HAVE MY REFUND. I CALLED TODAY AND ALLY INFORMAED ME IT COULD TAKE UP TO 55 DAYS FOR THEM JUST TO RESEARCH AND APPROVE MY REFUND?????? AND THEN ADDITIONAL TIME TO REFUND THE MONEY. THEY ARE REFUSING TO PAY SIMPLE INTEREST ON THE LOSS OF USE OF MY OWN MONEY WHILE THEY DILLY DALLY REFUNDING MY OWN MONEY WHICH THEY WITHDREW IN ERROR. THEY LIED TO ME DURING MY FIRST XXXX ATTEMPTS AT CONTACT TELLING ME IT WOULD BE 30 DAYS, ONCE THE 30 DAY WINDOW WAS GONE, NOW IT XXXX PLUS DAYS. ALLY HAS RESTRICTED MY ONLINE ACCESS TO MY ACCOUNT AND I CAN NO LONGER OBTAIN MY STATEMENTS OR MY EMAILS TO THEM ABOUT THIS MATTER IN A DUBVIOUS ATTEMPT TO COVER THEIR TRACKS AT CONDUCTING BUSINESS IN BAD FAITH AND DEFRAUDING ME. I HAVE CONFIRMATION EMAILS ONLY SHOWING MY ATTEMPTS OF CONTACT, BUT THEY HAVE WIPED THE MESSAGES FROM MY ACCOUNT. ALLY 'S BUSINESS PRACTICES ARE SUBSTANDARD AND IN BAD FAITH AND ARE CAUSING ME FINANCIAL HARM DURING A TIME WHERE I AM OUT OF WORK DUE TO A MEDICAL CONDITION, FACING RECORD INFLATION, AND STILL HAVE TO MAKE A {$800.00} CAR PAYMENT NEXT WEEK TO ANOTHER CREDIT UNION, BUT MY MONEY IS BEING HELD CAPTIVE BY ALLY BANK. IF I DID NOT PAY MY LOAN ON TIME, ALLY WOULD CHARGE ME A LATE FEE, SO WHY AM I NOT ENTITLED TO INTEREST IN RETURN. I DEMAND THEY PAY 12 % MONTHLY INTEREST ON MY LOSS OF USE OF MONEY, WHICH IS THE STANDARD ITEREST RATE IN ANY LITIGATED MATTER, WHICH THIS WILL SOON BE IF ALLY DOES NOT GET THEIR ACT TOGETHER.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: RI
Zip: 02919
Submitted Via: Web
Date Sent: 2022-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-06
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: On XX/XX/18, I spoke with a representative at Ally Financial regarding the pay off of my vehicle. At the time of the call, I stated that I would not be able to pay the larger amount owed as that it was too high but asked if there could be a deal made for a lower amount. I was told I could pay {$590.00} to pay off the vehicle. My car loan is fully paid off, this was accrual of supposed late fees and other charges ( which I was informed after the loan was paid off ). I let the representative know that I could pay half the day I spoke with them and then half on my next paycheck. The arrangement was made and I was informed of the arrangement was set up in the system. After the 1st payment was made on XX/XX/XXXX, I called in again to pay the final amount of {$290.00}, which is the same amount paid on XX/XX/XXXX, I was informed by 2 different representatives the " arrangement '' had defaulted as there was a 3 day grace period and the previous payment was not processed until XX/XX/XXXX. I was not informed of this and had informed many representatives of this matter. I was then approached with a new arrangement, even though I informed every person I talked to of the previous arrangement that was given, of a new amount in which I would not be able pay that amount.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NV
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-06
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: There are XXXX ( XXXX ) inquiries appearing on my XXXX Credit report from XX/XX/2021 that I did not authorize. I have contacted and disputed these with XXXX and they refuse to remove and also refuse to provide information on how they verified these accounts or provided me with a document with my original signature authorizing these inquiries.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 78665
Submitted Via: Web
Date Sent: 2022-06-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-04
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: This new information pertaining to the dispute number ( XXXX ) The information reporting on my credit report is inaccurate the account should show paid in full and XXXX balance. This account is showing past due and charged off this is inaccurate information. THE IRS says that a charge off is canceled debt! The form 1099c is for CANCELLED DEBT, till this day I have not received any such documentation from this company about the debt that was canceled. The company is also supposed to receive a TAX WRITE OFF and also have a INSURANCE built into THE FINANCE CHARGE to cover losses. 15 U.S. Code 1605 - Determination of finance charge 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. ( 2 ) Service or carrying charge. ( 3 ) Loan fee, finders fee, or similar charge. ( 4 ) Fee for an investigation or credit report. ( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss. Through TILA it states that the lender has the FINANCE CHARGE that protects the lender in the Fact that the obligation DEFAULTS. Which means that they have collected on the INSURANCE MONEY already. Now they put it on my CONSUMER REPORT that this is a charge off. Well according to the IRS any amount over 600 dollars, where a creditor cancels a debt or file a form 1099c. They must send the OBLIGOR/CONSUMER a form 1099c. I did not receive my 1099c for this cancelled DEBT! A cancelled debt means exactly what it says a CANCELLED DEBT! So how did you COERCE me into paying the balance? You have deceived me, you have frauded me, you have robbed me. On top of that you collected the insurance money, the IRS goes further into a CHARGEOFF or cancelled debt as GROSS or INCOME! You are reporting a CHARGEOFF on my consumer report! Income does not get reported on my CONSUMER REPORT! You are inaccurately reporting this account! Further more you have committed TAX FRAUD! On top of that you still expect me to pay you. I need this account closed as paid. As soon as possible
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33027
Submitted Via: Web
Date Sent: 2022-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: " I am a victim of identity theft. Due to the Corona Virus Pandemic, we are all facing which has me sitting still at home and I saw the recent news about the multiple XXXX Data breaches. I decided to look at my credit reports from the 3 major credit bureaus and found that someone had used my Identity. I have no idea how the theft took place. I also have no knowledge of any suspects. I did not receive any money, goods, or services as a result of identity theft. I contacted the Credit Bureau and told me to file an Identity Theft Report which I am doing. I appreciate your effort in getting this matter resolved. Thank you. Please let me know if you need any other information from me to block this information from my credit report. Thank you. "
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30331
Submitted Via: Web
Date Sent: 2022-06-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-03
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: Ally Bank is not responsive. On XX/XX/XXXX I received XXXX emails from Ally " we restricted your accounts because we detected suspisious activity on XX/XX/XXXX. You may not be able to log in or transfer money out of your accounts. '' I was on vacation but did call Ally on XX/XX/XXXX and they told me it was their error and there was no suspicious activity. I asked if they were sure? They said " yes '' I verified balances. At this time all the money was there. I checked on XX/XX/XXXX and my balance was fine. I checked on XXXXand {$91000.00} was missing from my savings account! I told Ally I did not authorize this transfer. They said they called me twice, but I never received the call. The phone number they had was not mine! I opened a case XXXX. I can not speak to the fraud dept., the customer servics reps. have no information. Ally negiligently release my money in a wire transfer to XXXX XXXX, never notified me or verified it was me. I am still missing the money with no response or help from Ally.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-06-03
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-03
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: XX/XX/XXXX XXXXAlly bank purposely misled me, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX telling us money would be removed from my account " in moments '', " soon '', and " before end of day '' only to wait six ( 6 ) days for the funds to be pulled causing an overdraw and a fee. XX/XX/XXXX due to ALLY FINANCIAL doing business as Ally discriminated against me due to physical disabilities by purposely limiting access to funds. XX/XX/XXXX on XXXX occasions, Ally bank wilfully denied my ability to wire funds to another account forcing me to pay {$50.00} to have the check sent. Check numbers XXXX, XXXX, XXXX were denied when a deposit was attempted. These checks are supposed to be funds from my account. Crippling me financially FURTHER
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 10030
Submitted Via: Web
Date Sent: 2022-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-03
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I have filed numerous disputes regarding this issue with multiple credit bureaus and uploaded documents to the Document Vault of the creditor Ally Financial and faxed documents to them as well. My ex-wife and I both signed for an installment loan to purchase a XXXX XXXX XXXX with Ally Financial ( account number is XXXX ). While my wife and I were going through a divorce she totaled the car. Even though she lived in Virginia and was insured with her name only on the policy, her XXXX insurance agent notified me of the accident and informed me that my wife was not answering their phone calls or responding to emails regarding the settling of the claim to pay Ally Bank the insurance payment. It was determined that I, alone, could sign the documents to settle the insurance claim with XXXX and they made a $ XXXX payment in XX/XX/XXXX, to Ally ( Claim number XXXX Loss Date XX/XX/XXXX ). I also took the steps to recover a partial refund of a service contract that we had purchased for the auto and those dollars were also sent to Ally Financial in XX/XX/XXXX. When my wife and I settled our divorce, she agreed to pay the remaining balance of the loan. She has not paid this as of today. Not even XXXX dollar. The property and settlement agreement has been approved by the XXXX XXXXXXXX XXXX XXXXXXXX XXXX in XXXX, VA on XX/XX/XXXX.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: DE
Zip: 19720
Submitted Via: Web
Date Sent: 2022-06-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-06-02
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I Disputed date of first delinquency changed on report to XX/XX/XXXX from XX/XX/XXXX. still reporting wrong DOFD date extending date of removal until XXXX from XXXX
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MI
Zip: 48205
Submitted Via: Web
Date Sent: 2022-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A