Consumer complaint received 2023-05-16
Company: BMW Financial Services NA, LLC
State: MO
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:
BMW Financial Services has broken several MIssouri Repossession lawsalong with federal laws. They illegally repossessed my car without properly following the missouri repossession laws. I will comment after laws they broke.

Missouri Repossession law requires : REPOSSESSION CHECKLIST 1. Is the account 10 days or more past due? If not, you have to wait until it is before you can proceed. My lease was extended until XXXX XXXX. They literally repossessed my car 10 days later 2. If the account is 10 days or more past due, have you sent the NOTICE OF DEFAULT & RIGHT TO CURE? If not, you must send it before you can proceed. 

They never sent this notice. I would like for them to provide the ORIGINAL copy ( not a new document and put old dates on it ... that is fraudulent ) SHOWING THEY SENT THIS PRIOR TO THE REPOSSESSION. 

3. Did the NOTICE OF DEFAULT & RIGHT TO CURE give the customer at least 20 days to cure the default? If not, you have to send the borrower one that does before you can proceed. 
They never sent this notice ever. This is supposed to be sent 20 days before a repossesson. I never received this letter. They repossesed my car without sending this 20 days before XXXX. 


4. Did the customer cure the default by paying the account up to date? If so, and the account is again at least 10 days delinquent, you will have to send another NOTICE OF DEFAULT & RIGHT TO CURE, and give the customer 20 days to cure the default before you can proceed. 
My account was never in default. I have documents showing i paid in full. ( the document will be uploaded ) Futhermore, they NEVER EVER sent a Notice of Default & Right to cure 20 days before the repossession. 

5. If you sent another NOTICE OF DEFAULT & RIGHT TO CURE, did it again give the customer 20 days to cure the default? They never sent this notice XXXX. After you repossessed the collateral, did you send the customer the NOTICE OF OUR PLAN TO SELL PROPERTY? 
I never received this notice about their intent to sell the property. 

7. If you sent the NOTICE OF OUR PLAN TO SELL PROPERTY, did you give the customer at least 10 days to redeem the collateral? If not, you have to send the borrower one that does before you can proceed. 
They never gave me 10 days to to redeem my property nor sent a notice telling me to do so 8. Was the sale handled in a commercially reasonable manner, e.g., advertising for bids, contacting various dealers, etc.? 
I have yet to see the sale of the property commercially reasonable manner 9. Does the file contain complete information concerning the sale, include at the very least the nature of the sale ( private or auction ), the price obtained for the collateral, the name of the purchaser, etc.? 
They have never sent any kind of information like this to me whatsoever. 
10. Does the file contain receipts for all expenses incurred in the repossession, including the repossession fee, repairs, storage, etc.?

11. If there was a surplus from the sale of the collateral, did you return the excess funds to the customer?

Thye have never even let me know they were selling the vehicle 12. If you intend to pursue a deficiency balance, did you send the NOTICE OF SALE AND POSSIBLE DEFICIENCY? No NOTICE OF DEFAULT & RIGHT TO CURE? NO The most important Missouri law they broke was repossessing my car 10 days after my extension was over.

according to the website rightstoprotect.com https : //rightsprotect.com/illegal-repossessions-of-vehicles/repossession-laws-by-state/repossession-laws-in-missouri/ What happens if a consumers vehicle was wrongly repossessed?

A vehicles repossession may have been unlawful if the creditor did not send the consumer a Notice of Default and Right to Cure ; a Notice of Our Plan to Sell Property ; or a Notice of Sale of Collateral and Possible Deficiency. If any or all of those situations occurred, the consumer would not be responsible for owing the deficiency balance. Additionally, the actions of the repossession company may have caused the repossession to be unlawful. If the company breached the peace or repossessed the incorrect vehicle during the repossession, they may have violated the Fair Debt Collection Practices Act ( FDCPA ). The FDCPA is a federal law that places restrictions on the actions of debt collectors to help protect consumers. Pursuant to this statute, the repossession company would have to provide the consumer compensation of up to {$1000.00} in statutory damages. They XXXX have to pay for their legal fees and any costs as well. 
https : XXXX ALSO THEY KEEP LYING AND SAYING MY CAR WAS 80 DAYS IN DEFAULT. i HAVE PROOF FROM SALES MAN XXXX XXXX THAT MY LEASE EXTENDED UNTIL XXXX XXXX

Company response to consumer: Closed with explanation