Consumer complaint received 2021-07-04
Company: BMW Financial Services NA, LLC
State: GA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
I, the consumer and original creditor, entered a consumer credit transaction with BMW FINANCIAL SERVICES on XX/XX/XXXX to purchase an automobile from XXXX XXXX XXXX XXXX in XXXX, Georgia using my credit card. A credit card is defined by Congress as any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. I used my credit card in connection with a credit sale which I, the consumer and original creditor, submitted a credit application with XXXX XXXX XXXX XXXX, and in return, they falsely provided me with an alleged loan or alleged Motor Vehicle Retail Installment Contract. BMW FINANCIAL SERVICES sent me, the consumer, an alleged copy of the alleged contract to my private abode. In the alleged contract that was provided to me, by BMW FINANCIAL SERVICES, there was a finance charge of ( {$10000.00} ) referenced in the alleged contract, in connection with the referenced consumer credit transaction, in connection with the billing statements and account number in the attachments ; which BMW FINANCIAL SERVICES charged me additional finance charges, after the initial finance charge in connection with the referenced consumer credit transaction. A finance charge as defined by Congress, 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. BMW FINANCIAL SERVICES did not provide to me the required disclosure forms for me to exercise my right to rescind in connection to the referenced consumer credit transaction. On or around XX/XX/XXXX BMW FINANCIAL SERVICES began to send false and deceptive forms to me, making me believe I was obligated to make payments to an alleged debt. After being deceived and misled by BMW FINANCIAL SERVICES, I began to make payments. Upon further understanding my rights, I served BMW FINANCIAL SERVICES with a DEBT VALIDATION LETTER and notice to CEASE and DESIST all communication by all means on XX/XX/XXXX. The notice was sent via USPS certified mail and delivered on XX/XX/XXXX. BMW FINANCIAL SERVICES had 30 days to give an appropriate response to the notice. BMW FINANCIAL SERVICES sent a response with a date of XX/XX/XXXX. The response was not sent back by any certified mail or any mail service to confirm receipt of delivery. I was not physically in receipt of the response until after the allotted 30 days given in the notice. BMW FINANCIAL SERVICES did not give an appropriate response to the notice. They did not honor the notice to CEASE and DESIST. They did not provide any legal or lawful validation of any obligation for me to pay them for any debt or alleged debt. They provided a misleading form with terms and conditions that are based off fraud. They did not provide any legal or lawful conditions that binds both parties ( me and them ). They did not provide a full disclosure of the actual accounting of the referenced consumer credit transaction. They did not offer any equal consideration or bring anything of value to this matter. BMW FINANCIAL SERVICES fraudulently granted themselves a security interest in this matter. They do not own anything in connection to the referenced consumer credit transaction. The signature on the form they provided is from the finance manager of the car dealership. BMW FINANCIAL SERVICES did not sign the alleged contract. On or about XX/XX/XXXX, I received a letter in the mail from BMW FINANCIAL SERVICES dated XX/XX/XXXX, stating they repossessed my automobile and are planning to sell my automobile unless I pay them a total of {$97000.00}. This is literally EXTORTION and is a criminal act! BMW FINANCIAL SERVICES has not provided any lawful obligation for me to pay them anything for any reason. I did not give any consent to BMW FINANCIAL SERVICES to take any action on or against me or my personal property. BMW FINANCIAL SERVICES sent the company XXXX XXXX XXXX, who is an unauthorized third party to this matter, to steal and store my vehicle. They were not a witness to any contract in reference to the consumer credit transaction. XXXX XXXX XXXX has implicated themselves along with BMW FINANCIAL SERVICES in intentionally deceiving me and attempting to collect an alleged debt that is not owed, and stealing my personal property and attempting to coerce me into paying them for it. Upon calling the number provided on the forms from BMW FINANCIAL SERVICES, I was told they could not speak with me unless I remove the CEASE and DESIST that is still in effect. So they are aware of the notice to CEASE and DESIST and have not taken the appropriate actions with the requests in the notice. On XX/XX/XXXX, I sent BMW FINANCIAL SERVICES an AFFIDAVIT OF TRUTH stating the facts of this matter. They have have not responded to my AFFIDAVIT OF TRUTH. BMW FINANCIAL SERVICES has caused me extreme financial damage and mental and emotional anguish. BMW FINANCIAL SERVICES continues to use deceptive means to attempt to collect an alleged debt. BMW FINANCIAL SERVICES is in violation of multiple federal laws of the Fair Debt Collection Practices Act, Fair Credit Report Act, Truth and Lending Act, and Gramm-Leach-Bliley Act.

Company response to consumer: Closed with explanation