Consumer complaint received 2015-05-08
Company: BMW Financial Services NA, LLC
State: VA
Product: Debt collection
Sub-product: Auto
Issue: Disclosure verification of debt
Sub-issue: Not given enough info to verify debt

Complaint:
XXXX XXXX, XXXX I performed a periodic review of my credit report through a service that Transunion offers and discovered that a summary judgment had been filed against me on XXXX/XXXX/XXXX in the amount of {$18000.00} in XXXX XXXX XXXX by XXXX XXXX XXXX XXXX XXXX. XXXX XXXX # : XXXX XXXX for an outstanding debt on an auto lease owed to BMW Financial Services. 

I had a 36 month lease with BMW Financial Services with a beginning balance of {$27000.00} that commenced in XXXX XXXX. Monthly payments were {$770.00}. My last payment on the vehicle was XXXX XXXX. XXXX XXXX it was repossessed. I spoke to XXXX XXXX at the time and was told they did not plan to pursue the remaining balance as the car had sold almost immediately and was well under the mileage requirement. This might be unusual, but I had no reason to believe anything else was the case as I 've heard nothing further from either XXXX or any third party collection agency until I saw the judgment appear in my credit report. 

I immediately retained counsel referred to me by the VA XXXX XXXX and my attorney discovered that notice had been posted on the door of an apartment I have not lived in since XXXX XXXX. It is n't even the last address of record with XXXX. 

The summary judgment was dismissed on XXXX/XXXX/XXXX. Opposing counsel ( XXXX XXXX, XXXX XXXX XXXX, XXXX ) for XXXX XXXX XXXX had until XXXX XXXX XXXX to provide some evidence of the debt. The deadline passed with no evidence given. My attorney XXXX XXXX spoke to XXXX and was told they no longer planned to pursue because of their lack of evidence and a nonsuit would be filed. 

On several occasions opposing counsel had not appeared for during scheduled court appearances and the judge had given a continuance. Because of this we went to court yesterday to request that the case be dismissed with prejudice due to the lack of evidence. The opposing counsel did appear and stated at this time that a nonsuit had been filed. 

I 've spent nearly {$2000.00} in attorney fees, not only has my credit been affected for the last year, but because I 'm a registered representative working for a broker/dealer, I 'm required to disclose the judgment to the agency XXXX which then has that information as public for anyone to access when they run XXXX 's broker check on me. To this day I have never ONCE seen a solitary piece of paper from XXXX XXXX XXXX notifying me of their intention to collect on a debt ... ..nor did they provide a single document when requested to do so in court. Not XXXX. 

Surely there is some recourse that consumers have when such frivolous lawsuits are filed with no substance whatsoever and with the intent to collect on a debt that they have no evidence exists? The ability to file a last minute " nonsuit '' seems to have prevented them from having to admit this in front of a judge, but it has also left the door open for them to pursue the issue XXXX more time. At a minimum, they should be responsible for the attorney fees I 've incurred. I 'm surprised that this is even legal. 

I have any and all documentation supporting everything outlined above if requested. I 've never filed a complaint to any agency anywhere. But this group could have garnished my wages and caused horrific damage to my ability to support myself and my daughter while having nothing to prove any debt was owed at all. I find it suspicious that I was notified of the original court date with a notice on my door for an address they would have known was n't accurate if they did receive their information from BMW Financial. As mentioned previously that 's not the address of record with BMW as can be seen from my account statements.

Company response to consumer: Closed with explanation