ALLY Auto Finance/Collection Dept Ally Financial Over riding payment in full with title attempting repossession Bloomington Minnesota
2007 Chevy Cobalt: Purchased 10/11/06 in the amount of $28,460. Monthly payments were $399 per month was original agreement with GMAC. Then, GMAC sold loan to ALLY Auto. Payment were paid a few times late but made. In 2011, I filed bankruptcy and the remaining balance on car was paid and in 2012 my title was sent to me released from the bankruptcy court and my attorney.
In August of 2014, due to retiring and income less than when I went into the bankruptcy and mortgage company raising my payment placing over allowed amount to pay, it was dismissed. So, two years later, Ally collections/bankruptcy department contacts me and says I still owe $6,228 more and they have placed a lien on my title and pulled it back.
This really flipped my mind. The two gentlemen in that office just made my day always. Ally collection told me that I had to give them $545 (around that a little higher) to keep it from being repossed within 10 days as of October, 2014. On 10/20/14 and every two weeks after that I had to give them $1,500 until the $6,000 was paid and the last payment would be more due to interest that would be added every two week.
If I pay this amount, it would definitely be beyond and above the initial financed cost with GMAC. Never once has Ally sent any form of paper work showing me how this amount came about. I mean they will need to give me accurate payment history from 2006 to 2012 because what is filed in the State of Ohio bankruptcy court and my bank payments for this car is definitely in dispute.
3 Updates & Rebuttals
FloridaNative
Palm Beach Gardens,Florida,
The trustee can not help you, s/he represents the creditors not the debtor.
#4Consumer Comment
Tue, November 18, 2014
Since your case was dismissed you have complications that can't be addressed through this forum. Contact another attorney to help you. It may need to be a bankruptcy attorney. Most bankruptcy attorneys would have converted your Ch 13 to a Ch 7 if I understand the facts in your post correctly.
The trustee can not help you because they actually represent the creditors and not you.
Since your previous bankruptcy attorney was not helpful, you may want to contact a consumer attorney to help you or even another bankruptcy attorney (depending upon all the factors). Good luck.
DAE
Columbus,Ohio,
DAE
#4Author of original report
Tue, November 18, 2014
Thank you for your information In the final talks with bankruptcy attorney and advising me to dismiss due to income unable to meet required payment but said with all asurity that the car was paid for and mine don't have to worry about. When Ally came after me the first thing done was to contact chapter trustee and attorney. Trustee said to contact attorney and forward email for him to check into this. I have not heard a word from this attorney who did not protect me in this bankruptcy
FloridaNative
Palm Beach Gardens,Florida,
Contact your bankruptcy attorney right away
#4Consumer Comment
Mon, November 17, 2014
Are you sure that these people that contacted you are from the lender?
Did you reaffirm your auto finance contract in your bankruptcy? Was your bankruptcy case dismissed or discharged?
Contact your bankruptcy attorney right away. It doesn't make any sense that a lender can put a new lien on a vehicle after payoff unless you signed for a new loan or reaffirmed your auto debt in bankruptcy. Contact your bk attorney right away.
If he won't handle it for some reason, contact a consumer attorney that handles these types of "discharge violations". You will need to provide your case information so the attorney can accurately assess the status.
Now, if your bankruptcy was actually dismissed and not discharged, then that is a different case. When a bankruptcy case is dismissed, your debt remains. You have to receive a discharge to get bankruptcy protection. Again, your bankruptcy attorney can guide you. Download your case from PACER(dot)gov to get the entire case file so you have the file and facts in front of you when you contact an attorney for help.