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Ally Financial. How should I go about this??

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Anonymous
Not applicable

Ally Financial. How should I go about this??

This account is reporting inaccurately and I have not had ANY luck with having it corrected or removed. First, the Company I had the Auto Lease with was not Ally Financial, it was GMAC. This Lease was paid to term and I leased for an additional 3 months. When I turned the car in, they inspected it at the dealership and I did not owe anything. Aprox. one year later this shows up on my credit report. I contacted Ally and they stated it was money owed for the lease. I was way under the mileage and there was no damage to the car and as stated, the dealership inspected everything before I left. I never did business with Ally ever.. they took over GMAC after I turned my car in.

How should I go about getting this removed? Is there anything I can dispute based on how they are reporting on each of the Bureaus? I already sent them a DV letter and they sent back my signed contract (but again, this was with GMAC and not Ally). 

Thanks in advance for your advice!! 

 

 *the html I entered below came out jumbled. Is there a way I can upload a screenshot?

 

**Edited again to post an url to the screenshot of my credit report with Ally http://i.imgur.com/F34tcS0.jpg

 

 

 	
EXPERIAN
EQUIFAX
TRANSUNION
 	 	 	 
Account Name:	ALLY FINANCIAL 	ALLY FINANCIAL 	ALLY FINCL 
Account Number:	06191142XXXX 	6191142XXXX 	6191142XXXX 
Acct Type:	Auto Lease 	Installment 	Installment account 
Acct Status:	Closed 	Closed 	Closed 
Monthly Payment:	 	$855.00 	$855.00 
Date Open:	6/1/2007 	6/1/2007 	6/27/2007 
Balance:	$2,200.00 	$2,200.00 	$2,200.00 
Terms:	39 Months 	 	39 Months 
High Balance:	 	$2,276.00 	$27,913.00 
Limit:	 	 	 
Past Due:	 	$2,200.00 	$2,200.00 
Payment Status:	Charge-off 	Bad debt & placed for collection & skip 	Charged off as bad debt 
Comments:	Subscriber reports dispute resolved - consumer disagrees
 	
CHARGED OFF ACCOUNT
 	Dispute resolved; customer disagrees
 

 

Message 1 of 7
6 REPLIES 6
Anonymous
Not applicable

Re: Ally Financial. How should I go about this??

Anyone? 

Message 2 of 7
RobertEG
Legendary Contributor

Re: Ally Financial. How should I go about this??

The first issue is their status.

They appear to be reporting as the OC affiliate, and not as a debt colletor.

As such, they would apparently not be subject to the FDCPA.

 

You can file a dispute under the FCRA, however they would apparently verify with the same documentation that was used to validate the apparently improper DV.

 

You can always bring civil action, contesting the debt.

 

 

 

Message 3 of 7
Anonymous
Not applicable

Re: Ally Financial. How should I go about this??

I was just able to pull up my old lease with GMAC for this account and everything that Ally Financial is reporting is incorrect. My monthly payment was $774.78 and the high balance (lease amount?) was much higher than what they reported. And the date opened that they are reporting on Exerian and Equifax is incorrect.

How would I go about addressing this and with whom? Also, once again the lease was with GMAC and not Ally Financial. 

I've disputed this many times and also requested validation of this account from Ally. The lease agreement I am looking at was sent to me by Ally.

 

 

 

Message 4 of 7
RobertEG
Legendary Contributor

Re: Ally Financial. How should I go about this??

Even if they are affiliated with the OC, by using a name different from that of the OC, they are considered a debt collector under the definition in the FDCPA.

 

They have apparently provided what they consider adequate debt validation, so they are no longer under a cease collection bar.

They are not required to document or prove the debt in order to validate.

 

You now have a contested debt.

You could file a dispute under the FCRA, but they will most likely verify since they have already addressed that issue in their debt validation.

 

I would consult an attorney for possible legal action in attaching the debt by getting it into court where you can get an evaluation of the evidence.

Message 5 of 7
Anonymous
Not applicable

Re: Ally Financial. How should I go about this??

Thank you for your advice RobertEG. I'd prefer not to have to get an attorney involved ($), so I may try disputing under the FCRA. Would that be a Direct Dispute to Ally Financial? I was just reading on the Forum about that type of dispute. If so, do I tell them to remove and/or correct their inaccuracies? A link to an example of what I would need to do would be appreciated.
Message 6 of 7
RobertEG
Legendary Contributor

Re: Ally Financial. How should I go about this??

I dont advocate an attorney because I am advocating litigation

My point is that neither a dispute under the FCRA nor a DV request to a debt collector under the FDCPA requires  that they prove their finding.

It requires that they investigate and reach a finding.  You then remain with an contested matter that requres authority to decide.  There is no judge in either the DV or dispute process, and thus evidentiary submissions are not a required part of either.

 

To get all the evidence before a fact finder authorixed to make a decision requires getting the dispute before a court, which has the power to require production of all relevanct evidence, and to issue a binding decision based on the evidence. 

 

Once the administrative DV or dispute processes have been taken, you have their position on the dispute, not a finding of facts and legal decision.

 

 

Message 7 of 7
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