Consumer complaint received 2021-03-16
Company: BMW Financial Services NA, LLC
State: NY
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Social Security # XXXX DOB : XX/XX/1979 XXXX  XXXX XXXX, XXXX XXXX XXXX  XXXX, XXXX, Texas XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, GA XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, PA XXXX DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. 

LEGAL DISPUTE REQUESTING FULL DISCLOSURE OF TRUE TIMELINES PERTAINING TO TRADELINE PROCUREMENT, IN ADDITION TO ACTUAL PAYMENT HISTORY PROVING ACTUAL INITIAL DATE OF FIRST 30-DAY LATE PAYMENT HISTORY, THUS TRIGGERING THE 7-YEAR RULE THAT RELATES TO ERRONEOUS OR OBSOLETE INFORMATION.

605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

( 2 ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.

( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.

( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. ( 1 ) ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( b ) Exempted cases. The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more ; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. ( c ) Running of reporting period. ( 1 ) In general.

The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) ** of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

CREDITOR CONTACT INFORMATION : BMW FINANCIAL SERVIC XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX-XXXX  ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly.

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX  ( XXXX ) XXXX  ACCOUNT XXXX XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly.

XXXX/XXXX  XXXX  XXXX XXXX  XXXX  XXXX, FL XXXX-XXXX.

( XXXX  ) XXXX ACCOUNT # XXXX  On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. 

XXXX/XXXX  XXXX XXXX XXXX XXXX, FL XXXX. 
( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. 


DISCLOSURE : At no time is this a dispute of identity theft or fraud, and I want my dispute answered by the creditor supplying the information on me to be 100 % validated, and/or to see if the timeline for its existence has passed, or if the credit/collection/public record tradeline is on my credit report in violation of the Fair Credit Reporting Act or a violation of the Fair Debt Collection Practices Act. Any item that I believe is not being validated by the creditor or collection agency or public record vendor will be disputed with the Consumer Financial Protection Bureau at a future date. If the item in dispute is legally valid, I will stand by that validation. We only request validation of information and/or debt ownership. At no time will I dispute a credit reporting agency, as it is imperative to the American free markets that XXXX, XXXX  and XXXX XXXX maintain integrity for the American consumers. 
The following federal laws are what I am basing my rights under : Amended consumer rights Fair Credit Reporting Act Public Law 15 U.S.C. 1681 : https : //www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf Fair Debt Collection Practices Act : https : //www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I make this request based upon potentially six criteria : 1 ) That I personally agreed and signed a application and/or contract on an extension of credit, and that I may have been late on payments and desire to find an agreed upon timeline when my credit trade line will go to a positive status, or be in position for its legal deletion mandated by the Fair Credit Reporting Act 7-Year rule on the deletion of antiquated information.

2 ) That there may be items on my credit report that was acquired through a public record vendor, and that I may request a fully documented validation of any or all items posted from public record, and upon discovery may request the deletion of the public record postings based upon legal time limits, and/or completed research proving the settled agreements between myself and a second or third party. In and event, if the public record is legal, I will agree upon the trade line being maintained on my credit report until the time arrives where it can legally be removed.

3 ) I may dispute any collection agency that maintains that they are attempting to collect a debt, either for an original creditor I may have had an association with, or if the collection agency maintains that they have acquired the debt. I may request from the debt collector full documentation of assignment of debt collection in written form as mandated by the Federal Trade Commission, including but not limited to verification that the collection agency is bonded and legally approved to collect debts from consumers within my state of residency, and if the agency maintains that the debt has been acquired by purchase, then full documented history of the debt transfer either directly from the original creditor and/or from the securitized trust the debt may have been sold to in a debt portfolio administered through the full regulatory body of the Securities and Exchange Commission. I may in addition request such documentation through the Federal Deposit Insurance Corporation if that is indeed the governing body of the original credit grantor.

4 ) I will dispute all public utility payment histories including the collection process assigned to any collection agency, as all public utilities including cell phone charges, natural gas, electric and public violations within municipalities are not governed by the Fair Credit Reporting Act, but by governing bodies within each state known as public service commissions. At no time will I ever agree upon the postings of public utilities on my credit report, even though I understand that I may volunteer to add my payment histories of this nature at any time.

5 ) I may request the services of the Consumer Financial Protection Bureau to help me as a potential mediator in cases where I believe that my rights under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act are in violation. At all times I will maintain a professional demeanor on the clearance of negative information on any of my credit reports.

6 ) I will only file a direct complaint with any credit reporting agency if I believe enough evidence has been ascertained showing that the creditor, collection agency and/or public service vendor is in violation of their subscriber agreement with any credit reporting agency.

I may dispute excessive inquiries posted on my credit reports based on the following. As the Federal Trade Commission struggles every year with maintaining the integrity of the credit community, from filing charges against illegal collection practices that abuse against the Fair Credit Reporting Act ( FCRA ) and The Fair and Accurate Credit Transactions Act ( FACTA ), bigger problems have evolved that may never be addressed without Congressional overhaul on current legislation. There is one major problem in the FICO scoring models implemented with each major credit reporting agency ( CRAS ). The excessive use of credit checks that draw down ones credit scores, and in many cases these credit reports are run as a full inquiry that causes severe damage to a persons credit score even though there was no validation on approval to pull credit or as the FCRA states a legitimate business need. Accordingly ; I may request under my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ) I request a full validation of each posted inquiry, proving that I indeed signed a credit authorization for each inquiry. 

DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. 

This letter is addressed to the subscriber furnishing the information on my credit reports, and if this letter is addressed to any credit reporting agency, then it is considered a ghost letter mirroring the actual request for documentation of a credit trade line I may have issues with. It is my understanding that each credit reporting agency has an obligation to maintain accuracy within the banking/credit community, and I will fulfill my obligations to work within the credit system as it was designated. 

Thank you for your full consideration in this matter. 

Sincerely, XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation