Date Received: 2021-12-03
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXX, ALLY FINANCIAL. ALLY FINANCIAL is reporting my auto loan payments as LATE PAYMENTS. Finance charges was included which is the sum of all payments.There should be no late payments for this account. ALLY is also reporting XXXX, XXXX, and XXXX as XXXX days late for each month. A personal can not be XXXX days late in a month!!! I ATTACHED ONE OF MY MOST RESENT CREDIT REPORT FOR PROOF THAT ALLY FINANCIAL IS REPORTING INACCURATELY ON MY CREDIT REPORT. I HAVE DISPUTED THIS INFORMATION ONCE. I RECIEVED A CALL FROM ALLY ABOUT THIS INACCURATE REPORT. BUT MY CREDIT REPORT WAS NOT UPDATED. Refer to LAWS of 15 USC 1605 AND 15 USC 1666 ALLY FINANCIAL IS VIOLATING CONSUMER LAWS 15 USC 1605 ( a ) ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 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. ( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed. ( 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 ; and ( 2 ) in order to obtain the insurance in connection with the extension of credit, the person to whom the credit is extended must give specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof. ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. ( d ) Items exempted from computation of finance charge in all credit transactions If any of the following items is itemized and disclosed in accordance with the regulations of the Bureau in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction : ( 1 ) Fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction. ( 2 ) The premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges described in paragraph ( 1 ) which would otherwise be payable. ( 3 ) Any tax levied on security instruments or on documents evidencing indebtedness if the payment of such taxes is a precondition for recording the instrument securing the evidence of indebtedness. ( e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. ( 2 ) Fees for preparation of loan-related documents. ( 3 ) Escrows for future payments of taxes and insurance. ( 4 ) Fees for notarizing deeds and other documents. ( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing. ( 6 ) Credit reports. ( f ) Tolerances for accuracy In connection with credit transactions not under an open end credit plan that are secured by real property or a dwelling, the disclosure of the finance charge and other disclosures affected by any finance charge ( 1 ) shall be treated as being accurate for purposes of this subchapter if the amount disclosed as the finance charge ( A ) does not vary from the actual finance charge by more than {$100.00} ; or ( B ) is greater than the amount required to be disclosed under this subchapter ; and ( 2 ) shall be treated as being accurate for purposes of section 1635 of this title if ( A ) except as provided in subparagraph ( B ), the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one-half of one percent of the total amount of credit extended; or ( B ) in the case of a transaction, other than a mortgage referred to in section 1602 ( aa ) [ 1 ] of this title, which ( i ) is a refinancing of the principal balance then due and any accrued and unpaid finance charges of a residential mortgage transaction as defined in section 1602 ( w ) 1 of this title, or is any subsequent refinancing of such a transaction ; and ( ii ) does not provide any new consolidation or new advance ; if the amount disclosed as the finance charge does not vary from the actual finance charge by more than an amount equal to one percent of the total amount of credit extended. AND LAW 15 USC 1666 Correction of consumer errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligors account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligors belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligors belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditors explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligors indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination. After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error. ( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. ( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof. ( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction. ( 4 ) The creditors failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligors account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditors compliance with this section. Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error. ( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29730
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
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: My name is XXXX XXXX XXXX, and I am sending this request myself to address the inaccuracies on my Credit Reports. This item is reporting late, yet it is closed and the balance is XXXX as reported in my 3 Credit Bureaus. Lets correct this immediately. The Bureaus are required to verify for themselves, but they failed to neither verify nor update me about these complaints.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AR
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
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: This is XXXX XXXX who is submitting this CFPB complaint myself. ALLY XXXX is reporting late, yet it is closed and the balance is XXXX as reported in my 3 Credit Bureaus. Lets correct this immediately. The Bureaus are required to verify for themselves, but they failed to neither verify nor update me about these complaints. ( ALLY XXXX XXXXXXXX )
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 10952
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: IN XXXX I PAID MY CAR NOTE AND SET UP A PAYMENT PLAN. IN XXXX I COMPLETED THE PLAN, MY ACCOUNT WAS NEVER CREATED FOR PAYMENT. I HAVE SINCE PAID THE NOTE ON TIME EACH MONTH, SPOKE W/ A REP IN THE CORPORATE DEPT AND WAS TOLD THEY INDEED HAD NOT APPLIED MY PAYMENT. I WAS PROMISED IT WOULD BE FIXED, AS OF YET IN XXXX MY ACCOUNT IS STILL NOT UPDATED AND AFTER REQUESTING A CREDIT REPORT I SEE MY CREDIT IS BEING IMPACTED BY THIS.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IL
Zip: 60649
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-02
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: My 2018 XXXX XXXX was stolen. It was recovered 40 days later and by then the insurance company had agreed to pay the vehicle off. XXXX paid the vehicle off. We decided to keep the vehicle and pay the remaining balance after damages, assessments, and adjustments. Ally financial has since cashed the check from XXXX insurance in the amount of {$27000.00} and is say they dont have it. Ally stated the check was returned and XXXX doesnt have any proof of the check being returned nor does Ally Fin. They have provided me with a transaction history that is incorrect and I feel should be void.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29732
Submitted Via: Web
Date Sent: 2021-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-01
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I filed a dispute in regards to incorrect items on my credit report. It has been well over 30 days and I havent received any investigation results. I was locked up in federal prison from XXXX to XXXX and I would like to have those fraudulent items removed from my credit report being that it is documented that I XXXX XXXX was XXXX.I would like for auto loans and retail card information to be removed from credit report also being that it is fraudulent.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: OH
Zip: 44108
Submitted Via: Web
Date Sent: 2021-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-02
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I want them to delete that from my Credit that affects me my credit they request credit without my authority
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 344XX
Submitted Via: Web
Date Sent: 2021-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-02
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: On XXXX XXXX, 2021 while browsing cars on XXXX, the preapproval option was given. No where in the writing did it notate that the preapproval would be a hard pull and on top o that my credit was also pulled by XXXX XXXX as well as Ally Financial, without my knowledge or consent. Therefore this did cause my credit score to drop. I ask that these inquiries be removed immediately from my XXXX credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: MS
Zip: 390XX
Submitted Via: Web
Date Sent: 2021-12-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-01
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: Filed a request for a car title and bill of sale with Ally on XXXX XX/XX/2021. The lease payout was made in full. Was told the process takes XXXX days. It has now been XXXX days. Ive made over XXXX calls to Ally. Have sent numerous emails, including to XXXX XXXX the Ally XXXX. No title, no response and no resolution.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: CO
Zip: 80206
Submitted Via: Web
Date Sent: 2021-12-01
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-30
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: ALLY Date : XX/XX/XXXX Deficiency Amount : {$14000.00} RE : South Carolina Department of Consumer Affairs Compliant XXXX XXXX XXXX XXXX XXXX Executive Customer Relation , reported inaccurate billing information to the South Carolina Department of Consumer Affairs XXXX XXXX, XXXX, XXXX, and XXXX. XXXX XXXX clearly stated in 4 paragraphs a response letter to South Carolina of Consumer Affairs the XXXX XXXX XXXX, XXXX XXXX, was sold on XX/XX/XXXX, with the remaining balance due in the amount of {$14000.00}. In a letter addressed to me dated XX/XX/XXXX, the XXXX XXXX XXXX was not sold on XX/XX/XXXX. Therefore, the deficiency amount is inaccurate because Ally fails to provide financial statements and other documentation under the UCC at the South Carolina Secretary of State 's Office. In addition, the banks could not prove that the subject vehicle repossession was legal and in compliance with UCC Ally did not furnish any evidence when requested through a certified letter dated XX/XX/XXXX. As of today, Ally does not have Account.XXXX on file.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: SC
Zip: 29687
Submitted Via: Web
Date Sent: 2022-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A