Consumer complaint received 2021-08-14
Company: Mercedes Benz Financial Services
State: MA
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Managing the loan or lease
Sub-issue: Loan sold or transferred to another company

Complaint:
NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT RESCISSION OF CONTRACT / DISSOLUTION OF ALL AGREEMENTS / REVOCATION OF POWER ( S ) OF ATTORNEY IMPLIED AND/OR EXPRESSED, REVOCATION OF ALL TRUSTS/CONTRACTS IMPLIED AND/OR EXPRESSED INCLUDING ALL INITIALS, MARKS, ETC ON ALL CONTRACTS FOR CAUSE 12 CFR 226.23 ALSO TILA 226.23 APP'X. 

CONSUMER DECLARATIONS UNDER PENALTY OF PERJURY - ACTUAL AND CONSTRUCTIVE NOTICE - SELF-EXECUTING RESCISSION OF ALL SIGNATURES, DISSOLUTION OF ALL AGREEMENTS, REVOCATION OF ALL POWER ( S ) OF ATTORNEY, & RECISSION OF ALL CONTRACTS ATTENTION : NOTICE TO ALL AGENTS/ OWNERS OF MERCEDES-BENZ FINANCIAL SERVICES : XXXX XXXX XXXX XXXX-XXXX-AGENT, XXXX XXXXPRESIDENT XXXX XXXX XXXXVP XXXX MERCEDES-BENZ FINANCIAL SERVICES AND/OR ANY SUBSIDIARIES THEREOF I, XXXX XXXX XXXX XXXX XXXX XXXX the consumer/grantor, a living soul on the land until proven otherwise, do hereby rescind for cause my signature on all [ contracts ] instruments along with any and all power ( s ) of attorney for failure to disclose risks, perils, responsibilities, and for FRAUD committed by the seller MERCEDES-BENZ OF BURLINGTON against the consumer/grantor, as well as non-disclosure of material facts including but not limited to the fact that the PRINCIPAL, XXXX XXXX XXXX XXXX [ a legal fiction ] by and through the undersigned 's signature, extended the credit used to obtain the XXXX XXXX XXXX VIN # XXXX from the seller MERCEDES-BENZ OF BURLINGTON located at XXXX XXXX XXXX XXXX XXXX MA XXXX County XXXX Massachusetts.However XXXX XXXX XXXX XXXX themselves as both the creditor and seller. It was never disclosed to me that as the consumer/ grantor, the undersigned is in fact the true creditor per 15 USC 1692a ( 4 ). I, XXXX XXXX, XXXX XXXX the consumer/grantor for Principal XXXX XXXX XXXX XXXX [ legal fiction ] was also led to believe that XXXX XXXX XXXX was lending money to me for the lease of the XXXX XXXX XXXX VIN # XXXX which is to be paid over a period of 48 months in the amount of {$570.00} per month ; as stated in their written communication on the instrument/agreement. This is a violation of 15 USC 1692e ( a ) As well as the following : PUBLIC POLICY 73d CONGRESS. SESS. I. CHS. 48, 49. XX/XX/XXXX, XXXX, XXXX. Resolved by the Senate and House of Representatives of the Clauses in requiring gold, United States of America in Congress assembled, That every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount in money of the United States measured thereby, is declared to be against public obligation policy ; and no such provision shall be " " `contained in or made with respect to any obligation hereafter incurred. Every obligation, to be made heretofore or hereafter incurred, whether or not any such provision is contained therein or made with respect thereto, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public and private debts. Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law.

VIOLATION OF FDCPA AND TILA MERCEDES-BENZ OF BURLINGTONs agents are also found in violation of Fair Debt Collection Practices Act for their failure to provide 2 copies of my rights of rescission ( 15 USC 1635 ) along with several other blatant omissions of material facts throughout the entire consumer transaction. This resulted in the subsequent fraudulent pilferage/obtainage of all my signatures executed in my natural and grantor capacities. It was also never disclosed to me that per the Truth in Lending Act, I as the consumer had the ability/option to settle the debt on behalf of the Principal/Obligor XXXX XXXX XXXX XXXX XXXX a legal fiction ] l at the time of the credit sale by way of the finance charge which is the cost of the consumers credit per CFR 12 226.4.

VIOLATION OF 16 CFR 444.3 - UNFAIR OR DECEPTIVE COSIGNER PRACTICES The finance manager for Mercedes-benz of burlington, provided the consumer with paperwork which listed Mercedes-benz of burlingtonas seller and creditor. Your agents drew up paperwork which used deceptive language in the consumer credit application to obtain financing from MERCEDES-BENZ FINANCIAL SERVICES but no such finance was ever obtained by me as the creditor and original party to this transaction. I was then led to believe that I was the borrower when in fact I as the creditor per 15 USC 1692 ( a ) acted as cosigner for the financing received by the dealership. Furthermore, MERCEDES-BENZ OF BURLINGTONs agents did not disclose that upon I, the consumer providing the social security number ( credit card ) per the Truth in Lending Act 15 USC 1601 ( I ) the transaction was subject to 18 USC 8. Also the cardholder ( XXXX XXXX, XXXX XXXX XXXX also known as the consumer who is the ORIGINAL CREDITOR in the consumer credit transaction was not told that credit would be used by the dealership and the financial institution MERCEDES-BENZ FINANCIAL SERVICES to obtain funding from the federal reserve bank per ( 12 USC 1431 ) in the consumer 's name, and returned as a loan which constitutes identity theft. Nothing of value was paid, no consideration from dealership MERCEDES-BENZ OF BURLINGTON or its agents was provided to XXXX XXXX, XXXX XXXX : consumer on behalf of the Principal XXXX XXXX XXXX XXXX [ legal fiction ] Further Violations under Massachusetts Statutory Law XXXX XXXX finance manager for the seller MERCEDES-BENZ OF BURLINGTON, stated that Power of Attorney must be granted to MERCEDES-BENZ OF BURLINGTON in order to register my household good ( s ) with the STATE OF MASSACHUSETTS on my behalf for the purpose of license plates and DMV tags verifying registration of my private automobile.This is a direct violation of Massachusettes Statutory law which states the following : Since a sale of personal property is not required to be evidenced by any written instrument in order to be valid, it has been held in Massachusetts that there may be a transfer of title to an automobile without complying with the registration statute which requires a transfer and delivery of a certificate of title. N.C. Law Review Vol. 32 page 545, Carolina Discount Corp. v. Landis Motor Co., 190 N.C. 157. The following shall be exempt from the requirements of registration and the certificate of title : 1. ) Any such vehicle driven or moved upon the highway in conformance with the provisions of this Article relating to manufacturers, dealers, or nonresidents. 2. ) Any such vehicle which is driven or moved upon a highway only for the purpose of crossing such highway from one property to another. XXXX ( 1 ) ( 2 ) ( comment : not driven or moved upon the highway for transporting persons or property for profit. ) ( Case note to North Carolina G.S. 12-3 Statutory Construction ). It also further solidifies the deception as I later learned that by signing POA under duress as I was pressured to do so by her and my sales agent XXXX, that I am giving up all rights to my property which is how they would later have authority to repossess my private property if I failed to pay the monthly gift to the dealership that they deceptively term a car note They also failed to inform me that upon receiving my signature on the application which is a promissory note that the automobile would be paid in full. Instead they receive the benefits by taking POA and make me liable for a loan I would never actually receive!

Violation of The Sherman  ACT of 1890 and the Clayton ACT of XXXX Both Acts clearly prohibit and outlaw practices that are harmful to the consumer such as but not limited to, forcing the consumer into a monopoly. The STATE OF Massachusetts as confirmed by their D-U-N-S identification number XXXX is a private fictitious corporation operating as agent/agency under the UNITED STATES, a foreign entity based within the 10 mile radius of the District of Columbia. [ Acts of the Forty-first Congress, Section 34, Session III, chapters 61 and 62, ] MERCEDES-BENZ OF BURLINGTON has been found in violation of these acts by inducing me into fraudulently registering my household goods with the State, in which they too ( MERCEDES-BENZ OF BURLINGTON ) stand to profit from as outlined in the contract under fees. All these being evidence of a forced monopoly. 

Rescission Of Agreement/Contract Revocation Of Powers Of Attorney Therefore, without exception, any and all agreements, documents, and contracts between XX/XX/XXXX through the date of this Actual and Constructive Notice through to the date of my natural death, issued to me or the Principal XXXX XXXX XXXX XXXX [ legal fiction ], in all matters are considered void for failure to disclose information and because such lack of disclosure could otherwise result in long term financial damages to me as the consumer and further subject me to involuntary servitude which is a direct violation Thirteenth Amendment ( Amendment XIII ) to the United States Constitution. Slavery and involuntary servitude. Slavery is forever prohibited. Involuntary servitude, except as a punishment for crime whereof the parties have been adjudged guilty, is forever prohibited.

All unconscionable contracts are subject to rescission under the common law as well Federal law as evidenced by 15 U.S. Code 1635 for failure to make the proper disclosures in order to constitute an acceptance. Where there is no meeting of the minds there is no contract as required by 226.23 ( b ) ( 1 ) regarding notice of right to rescind as set forth in re XXXX v. XXXX XXXX XXXX, 281 B.R. 101, ( XXXX  ) ; XXXX. XXXX XXXX. The UCC addresses unconscionable in UCC 2-302. See UCC 2-106 I further cancel and revoke any and all Powers of Attorneys ( POA ), granted to MERCEDES-BENZ OF BURLINGTON located at XXXX XXXX XXXX, XXXX MA XXXX and all officers and agents the same to act on behalf of myself in my natural/grantor capacity or on behalf of the Principal, MIGUEL ANGEL AZOR KERY.. I also revoke and cancel all agreements or otherwise arising from any such signatures, all resulting agreements resulting from force, under threat of being denied access to One 's own credit among others, involuntary servitude, [ Thirteenth Amendment ( Amendment XIII ) U.S Constitution ] and peonage by adhesion contract, committed against myself. Furthermore, any agreements/adhesion contracts whether expressed, implied or otherwise are hereby revoked, canceled nunc pro tunc from XX/XX/XXXX to 100 years from today 's date. 

CONSUMER DECLARATION OF GRANTOR/SETTLOR STATUS CLAIM OF ALL SECURITY INTERESTS There has been no other claimant known to Affiant, and there NEVER will be any other claimant for the GRANTORSHIP, SETTLORSHIP/ SOLE BENEFICIARYSHIP of my CREDIT as the consumer nor the granted extension thereof. As the original party to this agreement I cancel any security interest obtained by operation of law in favor of MERCEDES-BENZ OF BURLINGTON and/or MERCEDES-BENZ FINANCIAL SERVICES on behalf of all parties involved in this agreement. This agreement shall be canceled as of the date stated in this said notice and shall be effective upon delivery to Mercedes-benz of Burlington and/or Mercedes-Benz Financial Services and all officers and agents the same. Furthermore as owner and beneficiary of the record I claim my security interest in my account and authorize all interest on this account to be released in full for ALL PRINCIPAL PAYMENTS in lawful money of the United States. YOU HAVE TEN ( 10 ) DAYS FROM THE SERVICE OF THIS NOTICE TO RETURN ALL PROPERTY GIVEN FOR FINANCING FOR ACTIVATION OF THIS ACCOUNT ON CREDIT. NOTE* Attached hereto is the ( The Vehicle Lease Agreement ) being returned back to you cancelled as of 08/13/2021 please update your records and send confirmation of my receipt of cancellation.

CONSUMER NOTICE TO MERCEDES- BENZ OF BURLINGTON FOR VIOLATION OF PUBLIC LAW XXXX XXXX AND DEMAND FOR RETURN OF DOWNPAYMENT I AM FURTHER DEMANDING THAT THE DOWNPAYMENT OF XXXX XXXX XXXX XXXX  AND XXXX WHICH WAS TAKEN BY FINANCE XXXX OF XXXX XXXX XXXX FOR THE XXXX XXXX XXXX XXXX VIN # XXXX BE RETURNED TO XXXX XXXX XXXX XXXX XXXX XXXX authorized representative /grantor ) VIA CERTIFIED CHECK ALONG WITH ANY ACCUMULATED INTEREST NO LATER THAN 10 DAYS FROM RECEIPT OF THIS NOTICE AS YOUR ORGANIZATION HAS BEEN FOUND IN VIOLATION OF PUBLIC LAW 93-321 142. Which states the following : No Advertising of downpayments and installments advertisement to aid, promote, or assist directly or indirectly any extension of consumer credit may state ( 1 ) that a specific periodic consumer credit amount or installment amount can be arranged, unless the creditor usually and customarily arranges credit payments or installments for that period and in that amount. ( 2 ) that a specified downpayment is required in connection with any extension of consumer credit, unless the creditor usually and customarily arranges downpayments in that amount. 



CONSUMER DECLARATION UNDER PENALTY OF PERJURY I, XXXX XXXX, XXXX XXXX consumer/grantor hereby give declaration under penalty of perjury the following : I did not in the past, do not now, nor in the future intend and never do intend to purposely or otherwise avail myself to be held in economic and/or involuntary servitude, peonage, slavery, Trusteeship and/or opportunities offered. 

I, XXXX XXXX, XXXX XXXX the authorized representative and grantor/ sole beneficiary for and on behalf of XXXXIGUEL ANGEL AZOR KERY [ a legal fiction ] now affix my autograph & seal to these declarations under penalty of perjury : Consumer Rescission of Contract Revocations of Power ( s ) of Attorney, Revocations of all Trusts/Contracts Without Prejudice, Under Reserve 1-308 GrantorXXXX XXXX XXXX XXXX XXXX the house of XXXX XXXX This is the last time that I communicate with you by this means, of you not giving in to what I am asking you since I have evidence of every fraud and violation of the United States and State codes that you violate and continue to violate to take my case to federal court.

Company response to consumer: Closed with explanation