Date Received: 2022-02-13
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: received a letter from Ally Bank on XX/XX/2022 stating i have to make a deposit into the account or it will be closed due to a negative balance of XXXX XXXX The letter stated that I have 10 business days from the date of the letter or my account would be restricted. I set my tax refund from the CA franchise tax board to go into my Ally Bank account. The CA XXXX sent a direct deposit of XXXX $ to my Ally Bank account on XX/XX/XXXX. I contacted Ally bank on the same day to verify that my account would not be restricted so as to not reject the direct deposit. I was assured that my account is fine and it would not reject any deposit that is arriving. I was told it usually takes 3 business days for the account to see a direct deposit and that since the XXXX was a Saturday I should wait for the XXXX business days to pass. on Monday thXXXX XXXX I went on my Ally bank app to see if maybe deposit came early. To my surprise, I saw that my account had been closed. I frantically start contacting the customer service, asking why would they do that to me? i told them a deposit was coming, and it was sent within the time. the first person I talked to assured me that the account was fine and when the deposit comes in they will either reopen it or they will take the amount I owe out of the deposit and send me the remainder of the amount by check. Then I received a notice on the XXXX saying that my account had been closed. The notice also said that the account would still be able to receive deposits in order to cover the negative balance and the remainder would be sent to me in a check. this has caused me soo many problems. i just want to know why they wouldnt tell me " hey your account is going to close tomorrow, the deposit will not go through| '' I was literally told your account is fine. Why couldnt Ally bank just do what they said they will do? Then they send me a letter in the 2nd saying we have removed the restrictions from your account you can now use it again but the notice wasnt true. What kind of bank sends a notice and its not even true. instead of receiving the deposit and sending me the remainder after taking out the negative. They REJECTED the deposit.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 922XX
Submitted Via: Web
Date Sent: 2022-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-13
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Ally loan finance I have been trying for 2 years to get mine and my sons credit report corrected. They have report a charge off but the account was paid on full by the insurance company. I have requested several time even from the credit reporting agency to correct this and they haven't. This has destroyed both mine and my sons credit and is coating me hundreds of dollars every month.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CA
Zip: 92026
Submitted Via: Web
Date Sent: 2022-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-13
Issue: Struggling to pay your loan
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: pursuant to 15 USC 1635 ( f ) in the case of any consumer transaction in which a security interest including any such interest arising by the operation of law, meaning not limited to only a principal dwelling, but any contract which includes a security interest, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation or the day the agreement was signed. The rescission forms are required by 15 USC 1635 and must be delivered together with a statement containing the material disclosures in accordance with 15 USC 1602 ( v ) required under TILA. In addition, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau. I, the consumer did not receive any forms or clear and conspicuous verbal, written, or video explanation on my right to rescind. I, the consumer have the right to exercise the right of rescission after three years from XX/XX/XXXX in accordance with 15 USC 1635 ( f ) as shown in the retail installment contract of Ally Financial to disclose this required information. Pursuant to 15 USC 1635 ( b ) upon the right of rescission, I the affiant am no longer liable for any finance charge. The creditor must terminate any security interest, return any money or property, earnest money, downpayment or otherwise past payments and because the property has been delivered and is in my possession I have the right to retain possession of the property. XX/XX/XXXX I contacted Ally Financial Via Certified mail and put them on notice about my decision to rescind the contract pursuant to 15 USC 1635 and to cease and desist all communication. Ally Financial Responded stating that the contract can not be canceled because there is no COOLING OFF PERIOD this is a violation of 15 USC 1693l which states that no writing or other agreement between a consumer and any other person may contain any provision in which constitutes a waiver of any rights. Any creditor who fails to comply with any requirement imposed under XXXX, in the case of an individual action, the creditor will be liable for twice the amount of the finance charge and any actual damage sustained by the creditor. Ally Financial has failed to comply with all parts of the truth in lending disclosure. Ally Financial was also sent a cease and desist. XX/XX/XXXX which stated that they must cease and desist communication through any and all mediums which would mean via telephone, consumer reporting agencies, and third party companies such as the towing company that they have sent to repossess my vehicle. Ally Financial was also made aware that I refused to acknowledge the alleged debt. Pursuant to 18 USC 8 all debt obligations are securities that are owed to the united states. Ally Financial is not a US attorney, an assistant, or designated to act on behalf of the US attorney, or an attorney or the US department of Justice or a Federal agency with litigation authority, which means the head of agency with any accompanied private attorney must have a contract made in accordance with Section 3718 of title 31 to conduct any litigation or collection of debts pursuant to 18 USC 8 on behalf of the united states and other wise would have no right. Ally Financial has to no contract with the United states to collect any alleged debt. Ally Financial is in violation of 15 USC 57b ( XXXX ) states that if any person, partnership, or corporation engages in any unfair or deceptive acts after a cease and desist order was In place are liable to have civil action bought upon them. Ally Financial has continued reporting to consumer reporting agencies about me, they have repossessed my vehicle, and they have also continued to contact me via postage Mail. Ally Financial is in violation of 18 USC 876 ( d ) because they mailed letters to my home threatening to repossess my vehicle. Pursuant to 18 USC 876 ( d ) whoever with the intent to extort from any person any money or other thing of value knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designated mark addressed to any other person that contains any threats to injure the property or the reputation of another shall be fined under title 18 and imprisoned not more than two years. Ally financial also mailed me letter threatening to report negative information to my consumers report in order to damage my reputation. Ally Financial is violation of 18 USC 1341 which states whomever having devised or intended to devise any scheme or artifice to defraud or for obtaining money or property by any means of false or pretenses, representation or promises to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimidated or held out to be such counterfeit or spurious article to be sent or delivered by the post office shall be imprisoned under title 18 and imprisoned not more than 20 years. I was defrauded when I was deprived of the intangible right of honest service when ally financial failed to notify me of my right yo rescind and failed to comply with my notice of rescission. whoever, willingly and knowingly gives, false, inaccurate or fails to provide information which is required to disclose, or fails to comply with any requirement under the consumer credit protection title will be held to criminal liability pursuant to 15 USC 1611 with fines up to {$5000.00}, one year imprisonment or both. I, the affiant, have proof of this violation shown in the consumer contract. Ally bank has seized or taken my property which is a violation 15 USC 1692f ( XXXX ) and a violation of my XXXX amendment right. Ally Financial has threatened to harm and or seize my property which is a violation of 15 USC 1692d ( XXXX ) and a violation of my XXXX amendment right to be secure in my property. Ally Financial is in violation because if any false character of the amount of any debt is a violation of 15 USC 1692e ( XXXX ) ( A ). XXXX has proof of this violation in Exhibit A as Ally Financial allege, that I the consumer, owe a debt but the alleged debt is shown in a positive balance. The action of repossession, that I the consumer have proof of is a violation of 15 USC 1692e ( XXXX ) and is fraud and illegal in the collection of any debt. This is a right secured to me by this code herein and the XXXX amendment of the U.S constitution. There has been fraud found in my consumer credit contract. The heading states that the form is a retail installment stale contract however, this document is a consumer credit contract. This form is therefore false and deceptive, void, and a violation of 15 USC 1692j. This is also a violation of 18 USC 10001 which states that anyone who makes any materially false, fictitious, or fraudulent statement or representation or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or entry shall be fined under title 18 or imprisoned not more than 5 years. Ally Financial is the holder of a fictitious and fraudulent contract with billing errors, false character representation and false statement that makes the consumer believe they have no right to rescission. Ally Financial has committed aggravated identity theft which is defined in 18 USC 1028A ( XXXX ) as knowingly transferring possessing, or using a means of identification of anothers persons with the intent to commit or to aid or abet or in connection with any unlawful activity that constitutes a violation of Federal Law or constitutes a felony under applicable law. Ally Financial knowing sent my license plate which is defined as a credit card pursuant to 15 use 1602 ( I ) to a towing company to illegally repossess my vehicle. Ally Financial is in violation of 18 USC 1962 which states that it shall be unlawful for any person who has received any income derived, directly, or indirectly from a pattern of racketeering through the collection of an unlawful debt. Ally Financial has signed a contract with a repossession company to repossess my vehicle as a means of extortion to collect an alleged debt that they are legally not allowed to collect. Whoever is in violation of 18 USC 1962 all be fined under title 18 or imprisoned not more than 20 years. Ally Financial is also in violation of 18 USC 894. Ally Financial has used extortion as a means of collection a credit extension. Ally financial knowingly participated in the use of extortions to attempt to collect an extension of credit. Ally Financial has punished me by repossessing my vehicle as means to punish me for non payment. Ally Financial agents shall be fined under title 18 and not imprisoned for more than 20 years. Ally financial has also harmed my reputation as a means to extort me. Ally Financial was sent a cease and desist letter and has since continued to harm my reputation by reporting negative information to my consumers report as a means to extort me for repayment and as a punishment for non repayment.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 23608
Submitted Via: Web
Date Sent: 2022-02-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-12
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: I Consumer XXXX XXXX, Sent a notice of billing error pursuant to 12 CFR 1026.13 to Ally Financial to their financial Disputes, address that is listed on their website at Ally Financial INC. XXXX XXXX XXXX XXXX, MN XXXX. On XX/XX/2021 I have noticed several billing errors in the truth in lending disclosure section of the " Retail Installment Contract and Security agreement ''. The first one being the number of payments as well as the number of payments seems to be inaccurate on the payment schedule. 16 CFR 433.1 ( d ) which describes a purchase money loan in regards to the truth in lending disclosure as defined as " A cash advance which is received in return for a finance charge within the meaning of the truth in lending act and regulation Z, which is applied in whole or substantial part, to purchase of goods or services from the seller who ( 1 ) refers consumes to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. '' Under Regulation Z also known as the truth in lending the itemization of payments should mirror the finance charge amount as it is the dollar amount the credit will cost me. '' The next Billing error is the downpayment on the itemization of the amount financed. The {$3000.00} downpayment placed under section f which refers to net trade in is a violation of 7 CFR 1436.10 ( c ). The downpayment may not include any trade in, discount, rebate, credit, deferred payment, post dated check, or promissory not to the supplier or contractor. The next Billing error can be seen on the amount of credit provided to me or on my behalf. There is no authorized representative other than the appointed attorney in fact by the consumer to receive any credit on the consumer behalf of the consumer. I am demanding additional clarification including documentary evidence of the procedures used to come up with these itemized amounts in accordance with Generally Accepted Accounting Principles ( GAAP ). These billing errors are assumed to be a willful intent to mislead me the consumer and or to deceive me the consumer of the character/ amount of the alleged debt pursuant to 15 USC 1692e. All obligations and securities are owed to the United States Pursuant to 18 USC 8. DO NOT hinder nor delay the delivery of the consumer goods associated with the transaction.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: VA
Zip: 23608
Submitted Via: Web
Date Sent: 2022-02-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: Ally discussed my account and debt with someone who called ally about their own account. This person found me and shared this call with me.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77450
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: We were in a car accident XX/XX/2022. It is now XX/XX/2022 and we still have no resolution to anything. Our insurance company is XXXX. XXXX has been trying to get ahold of Ally Auto for over a week now to get the loan paid off as the car is totaled. Ally refuses to respond to them. Finally after several days of them trying to contact Ally with no response we ourselves had to do a XXXX way call to Ally with XXXX on the line to get them the information they needed to pay the loan off. Even after that, Ally said they are not going to respond to XXXX for another week. XXXX uses an electronic portal to resolve this kind of stuff with auto loan companies, and Ally does not. They wont speak to Ally over the phone, they will not call them, nor will they return calls when messages are left. Meanwhile, even though they know the car is totaled and being paid off, they refuse to do anything in a timely manner and are charging us more every day for the loan by purposely dragging it out. They will not lock in the amount due. XXXX have repeatedly asked for a supervisor to speak with. They refuse to give us one. They say they are in meetings all day every day. The one time they did transfer us to one, the phone rings and then just hangs up the call. XXXX been able to leave a message with one supervisor, who did not call us back, and then we were given the phone number of another, XXXX XXXX ( 501 ) 821-8120. She does not return phone calls.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 14094
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: I purchased a 2018 XXXX XXXX in 2018, which was financed by Ally Financial. I purchased Gap Insurance at the time of financing. The vehicle was involved in an accident XXXX XXXX declared a total loss. XXXX XXXX paid Ally {$27000.00} ; the amount calculated as the value of the truck according to their records. This amount did not satisfy the loan, so I followed up with Ally in reference to the Gap coverage. Ally proceeded to inform me that they did not hold the Gap Insurance and that I needed to contact them. I inquired as to the name of the carrier and several telephone numbers were provided. I contacted one the numbers and the assistor answered Ally Financial, this left me very puzzled. I proceeded to inquire about the procedure for filing a claim to have he loan satisfied ; the assistor advised of several actions and documents that I needed to provide and that I would probably need to contact the dealership for some of the information. I contacted the dealer, obtained the requested information/documents and forwarded to Ally. After a few weeks passed I contacted Ally to check the status. I was informed that it was still being reviewed and once a determination was made payment would be issued. A payment of {$51.00} was made toward a balance of approximately {$1700.00}. This amount is continuing to accrue penalties and interest as an unpaid balance. From what I was advised it is also being reported to the credit bureaus.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: 30083
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Problems at the end of the loan or lease
Subissue: Problem with paying off the loan
Consumer Complaint: I co-signed on a car loan in that was opened XX/XX/XXXX. In XXXX of XXXX payments fell behind and the car was voluntarily surrendered to the recovery service until payments could be made. Ally Financial promised the vehicle would remain in the recovery yard located in XXXX OK. However, the vehicle was relocated to XXXX XXXX and in transit was damaged. I was informed by the XXXX XXXXXXXX Auction facility the vehicle was scheduled for auction and a hold was not placed on the vehicle. I was forced to obtain the receipt of payment, acquire a satisfaction letter from Ally Financial, and provide the proof in person to the auction service in order the remove the vehicle from the auction sale bill. I was forced to lose an entire day of work in order the rescue my property from illegal auction. I have contacted Ally hundreds of times to satisfy the claim or remove their claim from the credit reporting agencies to no longer slander my credit score. This is a malicious act on behalf of a massive lender who has failed to comply with a previous debt validation letter. THIS NEEDS TO BE REMOVED FROM MY CREDIT REPORT IMMEDIATELY. Thank you for looking into this matter. I wish you actually enforced something.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OK
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have tried solving this issue with Ally Financial and the three major credit reporting agencies before. XXXX has already deleted the account for violation of federal laws but XXXX and XXXX continue reporting. I am attaching the updated and new information, also : Ally financial was deleted from XXXX because in fact, they are violating federal law, by reporting negative information and treating payment as late when they cant pursuant to 15 USC 1666b. I WAS NEVER LATE. You can see the inconsistencies between the updated reports from XXXX and XXXX. How can both credit reporting agencies have verified and validated the information when THERE ARE SO MANY DIFFERENCES. how can a so-called late payment be late 60 days without being 30 days first, how come the same creditor provide so different information across XXXX and XXXX, yet XXXX has deleted it. They all might have different investigation processes, however, the information sent to them HAS TO BE THE SAME, OR AM I CRAZY? THIS NEEDS TO BE DELETED IMMEDIATELY FROM MY REPORTS. THIS IS DEFAMATION OF MY CHARACTER! I have requested plenty of times before for Ally financial to send me the history of payments, the ledger, EVERYTHING used to " validate '' this account, and the " accuracy '' of said payments AND I AM STILL WAITING FOR IT!!!!!!!! Everyone has wiped their XXXX XXXX with my demands, everyone is still violating the XXXX federal laws, and here I am the federally protected consumer hurting and being affected not only financially but emotionally and NO ONE DOES THE RIGHT THING, NOR WHAT IS REQUIRED BY THE LAW
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33139
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-02-11
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: FCRA violations never late : ALLY FINANCIAL XXXX address not mine FCRA violations : XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Dispute this Previous address XXXX XXXX XXXX XXXX, TX XXXX Dispute this
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77632
Submitted Via: Web
Date Sent: 2022-02-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A