Consumer complaint received 2015-10-22
Company: BMW Financial Services NA, LLC
State: GA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Managing the loan or lease

Complaint:
I purchased a XXXX Chrysler 300. Alphera was the finance company. I also purchased XXXX protection. My vehicle was stolen in XXXX 2015. Immediately after, I notified XXXX & Alphera. I also made a payment a day after my vehicle was stolen. Upon opening the claim with XXXX XXXX, my insurance company and XXXX. Alphera 's third party, XXXX XXXX, opened a GAAP claim XX/XX/XXXX. I signed all of my paperwork with XXXX by XXXX XXXX. All we needed was a Letter of Guarantee from Alphera ( through XXXX XXXX XXXX XXXX ). I sent in all the paperwork that was required in a timely manner. XXXX XXXX just needed the evaluation and Proof of Loss. Over the course of 3 weeks ( specifically, XXXX/XXXX/15, XXXX/XXXX/15, twice on XXXX/XXXX/15, and again on XXXX/XXXX/15 ), XXXX XXXX, the Material Damage Specialist for my insurance company, XXXX XXXX, sent in the evaluation and Proof of Loss. I was arguing at XXXX thinking he was n't doing his job, when in fact he had fax confirmations that the papers went through. The issue was with XXXX XXXX, ALPHERA 'S THIRD-PARTY. XXXX needed a copy of Alphera 's check before it would issue a payment. So XXXX XXXX 's failure to timely issue the Letter of Guarantee due to their own internal malfunctions delayed every process. I called, faxed, and discussed the issue with Alphera and XXXX XXXX several times, yet it did not move the process along any faster. I told Alphera that I should not be penalized for whatever malfunction its third-party is having. Finally, after several weeks of calling, fussing, and getting XXXX XXXX to allow XXXX XXXX to send the documents via email, we received the Letter of Guarantee on XXXX XXXX, 2015. My insurance Company, XXXX XXXX, issued a check in the amount of {$24000.00} on XXXX XXXX, 2015. Alphera received the check on XXXX XXXX, 2015. Instead of applying the check, Alphera refused to close the account and held the check. This allowed time to keep ticking and additional fees to accrue. XXXX calculated the amount based on the actual loss date of XXXX XXXX, 2015 and paid the amount of {$12000.00}, leaving a deficit of {$2900.00}. In addition, Alphera also insisted that I keep making payments on the vehicle that was declared a total loss on XXXX XXXX, 2015. When I raised the issue that it was Alphera 's third-party that delayed the timely disposition of the insurance issues/payment, Alphera dismissed it and stated that I was still responsible. Even further, Alphera told me that I was responsible for 2 payments that were deferred during the course of the loan in addition to other payments that supposedly accrued due to : ( i ) Alphera and XXXX XXXX 's failure to timely process timely sent documents ; ( ii ) Alphera 's refusal to apply the {$24000.00} payment ; and ( iii ) Alphera 's refusal to close the account. When I questioned further, the customer service representatives that I spoke to became less than professional and cited a clause in my contract ( A CLAUSE WHICH I 'VE NEVER SEEN ) as justification for their right to apply these unfair charges on top of the payoff. I asked several customer service representatives to send me a copy of this so-called contract that I 've never seen and the clause to which they cited to. I was told in XX/XX/XXXX that I would receive it within 2-3 business days. I called back again 2 weeks later to state that I still had not received it. I was told that it was mailed out and to give it a few more days. I waited, and no such contract came. I asked the Alphera customer service representatives that I spoke to each time if they could email/fax it to me, as they emailed any other documents I asked for. I was told no. Now here it is, XXXX XXXX, 2015, and I still have not received this so-called contract that justifies Alphera 's egregious actions.

Company response to consumer: Closed with explanation