Expert: Ray A Miller - 3/11/2011

Question
I've got a leased Chevy through GMAC, now Ally that is up for return or purchase by the 19th.
Basically, I paid $500 on the 8th of February there was a computer error as GMAC was transferred to ALLY and, well, that $500 payment "fell through a crack"
The money WAS deducted from my bank account and says "allied financial" following my correct account number
They admit the error was on their end, as, after keeping me on hold 20 minutes each time while they read my details they come back and say my account shows that payment, but it hasn't posted. They apologize and say the error was on their part and they are fixing it, call back in two days.
Basically for the past month I've called them every other day, taking up a good hour or two each time steering through their customer service. Each time I get connected with India and I have to go through the same painstaking  thing of telling them what is happening, them doing the background research on my account then either transferring me to someone else, or dropping the call, and they NEVER allow me to just speak to a manager. Each time I just ask for a manager they connect me to COLLECTIONS because they want that $500. Collections is no help and always sends me back to customer service, who no matter what I say... send me right back to collections. Plus I get calls 3 times a day from collections.

I can't get anywhere with these people, and I'm not paying them another dime until my money is accounted for.

I'm pretty sure if they don't fix this then they have broken contract.
When I called Wednesday I was told the $500 was refunded to my account and I currently owe that amount PLUS some $700 that they are "looking into", PLUS Late fees for that $500 that each one says "well you shouldn't have to pay for that" but never do anything.
That $500 is still not in my account two days later, so it must be even more lost than before, and I don't think I can accomplish what I need in the 8 days I have left.

The thing is, I have to buy this car, I ran the miles up on it something crazy, with the intent to buy. I love this car, I've got the money in the bank to buy it. I do not have the money to pay that $700 they've added, and I certainly do not have the money to buy the car if I have to swing the $500 they've lost and wait for it's return. I've just got enough for the car.

Do I have some legal standing here? I can't get anywhere with them. If I can have the contract broken, and not owe them the mileage/wear and tear of the vehicle then I can just take this money elsewhere. But I don't want to go anywhere else because I could owe them up to 15,000 to return it, or just pay the 7,000 to buy it you know? Like I said I love this car, if i were to buy a different one I would still seek the same make and color. I just don't think they are going to allow me to purchase it under reasonable terms.

What can I do, what kind of lawyer do I need? What can I do to get the best out of this situation?

Answer
This is the best advice I can think of to give:  get the transaction numbers from your bank showing where the money was deducted from your account.  Armed with this information, write GMAC a letter stating what you have stated here and offer the information from your bank as evidence.  If this does no good, turn them over to your Attorney General, Consumer Affairs and the Better Business Bureau.  I really wish you the best with this.

If you have to get an attorney, get one well versed in consumer affairs law.  You should be able to find one through your local attorney referral service.