Consumer complaint received 2022-09-17
Company: Mercedes Benz Financial Services
State: NY
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
This is an update on the two previous complaints filed on XX/XX/XXXX complaint # XXXX and complaint # XXXX filed on XX/XX/XXXX. 

On XX/XX/XXXX I entered a consumer credit transaction with dealership XXXX XXXX XXXX XXXX for XXXX XXXX XXXX a XXXX Mercedes-Benz XXXX XXXX : XXXX XXXX XXXX filled out the application and then was required by XXXX XXXX a Finance Manager a downpayment in cash of {$10000.00} as a condition to the consumer credit transaction in which at the time I had no idea it was a violation of 15 U.S.C. 1605 ( a ) - the finance charge shall be determined as the SUM of all charges, meaning SUM of all, SUM means the total, so the grand total of everything I should have been charged nothing should come after it. It also clearly states that the FINANCE CHARGE does not include charges of a type payable in a comparable cash transaction, meaning you should not be charging me for any form of cash, cashiers check, wires, etc. this transaction was paid for by credit and this contract is proof. This vehicle was purchased on credit, yet I was coerced and deceived into making a {$10000.00} cash down payment, when there should be no cash in a credit transaction. 

I then sent out on three separate occasions letters exercising my Right to Rescind 15 U.S.C. 1635 to MERCEDES-BENZ FINANCIAL SERVICES USA LLC and dealership XXXX XXXX XXXX XXXX XXXX I have informed them of the fact that I had in good faith exercised my right to rescission 15 U.S.C. 1635 ( a ) due to the fact that I at the time of entering the consumer credit transaction was uninformed 15 U.S.C. 1601 ( a ) Congress promotes the informed use of credit by consumers, so that consumers can avoid the uninformed use of credit and to protect from inaccurate and unfair credit billing. I at the time of entering this consumer credit transaction was unaware of the cost of credit. There is no evidence of indebtedness other than the contract, which is null and void due to fact that I was unaware and never received adequate notice 15 U.S.C. 1602 ( k ) as I was given a computer-generated contract/agreement which was not clear and conspicuous.

I sent out the letters via certified mail with proof provided in the attachment and made the two previous complaints to the CFPB only to receive incomplete, false and misleading responses from MERCEDES-BENZ FINANCIAL SERVICES USA LLC , claiming that I am obligated to the terms on the " Retail Installment Contract '' which has been rescinded and is null and void due to inadequate notice 15 U.S.C. 1602 ( k ) and their failure to comply with Federal Laws under the Truth In Lending Act. 

As previously stated on their letter MERCEDES-BENZ FINANCIAL SERVICES USA LLC claims that this contract was assigned to them by XXXX XXXX XXXX XXXX which means that MERCEDES-BENZ FINANCIAL SERVICES USA LLC is subject to all claims brought by me the consumer to MERCEDES-BENZ FINANCIAL SERVICES USA LLC. 

MERCEDES-BENZ FINANCIAL SERVICES USA and its agents harassed me for an alleged debt that was not even validated 15 U.S.C. 1692g. Your company shared statements as well as a copy of a Consumer Contract as evidence of the debt but as per the judgement in the case of Pacific Concrete F.C.U. V Kaunanoe a copy of a Consumer Contract is not sufficient evidence of a debt. 

Due to Due to MERCEDES-BENZ FINANCIAL SERVICES USA LLC continuous acts of deceit, intimidation, and coercion I have suffered great mental anguish, defamation of character, invasion of privacy and can no longer afford to bear the burden of their actions. MERCEDES-BENZ FINANCIAL SERVICES USA LLC company has not only violated the Truth in Lending Act and the Fair Debt Collection Practices Act but also the Fair Credit Reporting Act.

MERCEDES-BENZ FINANCIAL SERVICES USA LLC has furnished my non-public information to the consumer reporting agencies, XXXX, XXXX and XXXX as this was a private consumer credit transaction and MERCEDES-BENZ FINANCIAL SERVICES USA LLC made it public by distributing, selling and sharing my personal identifying information, which violates my right to privacy pursuant to 15 U.S.C. 1681a ( 4 ). Pursuant to 15 U.S.C. 1681a ( 2 ) ( A ) ( i ) under exclusion a consumer report does not include a report containing information solely as to transactions, MERCEDES-BENZ FINANCIAL SERVICES USA LLC has furnished an account showing a current account as charged-off, this creates a belief that there was an actual transaction which should be excluded from a consumer report, as well as MERCEDES-BENZ FINANCIAL SERVICES USA LLC collecting on an alleged debt that was CHARGED-OFF meaning a TAX WRITE OFF/CREDIT was received and yet you are making a false representation that the alleged debt is still owed to you. 

Attached to this complaint is a copy of the previous mailings sent to MERCEDES-BENZ FINANCIAL SERVICES USA LLC XXXX XX/XX/XXXX, XX/XX/XXXX certified mail tracking # XXXX XXXX XXXX XXXX XXXX, - Notice of Dispute - Affidavit of Truth with exhibits labeled - invoice for all documented violations thus far - statement of fact by special indorsement - Financial Construction Form After multiple attempts to resolve this matter with this corporation, I am now allowing one final opportunity to cure before I proceed with a default judgement and entering litigation.

Company response to consumer: Closed with explanation