Consumer complaint received 2017-10-03
Company: BMW Financial Services NA, LLC
State: NC
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: Called before 8am or after 9pm

Complaint:
On XXXX XXXX, XXXX at XXXX XXXX, XXXX XXXX XXXX with XXXX XXXX came to my home to retrieve a vehicle on behalf of BMW Financial Services. I have video footage that shows XXXX XXXX ringing the doorbell at my home multiple times. In addition, I have a complaint # XXXX from the police as well as their business card and the pictures of the XXXX XXXX standing in front on my garage door and a screenshot of the activity from XXXX XXXX which coincides with the videos. The alarm system at my home is designed to take pictures and video footage of anyone who approaches the front door or rings the doorbell. While ringing the doorbell he had the upper beacon lights on his truck flashing as you will see in the footage. He rang the doorbell at total of three time before I opened the door. During our encounter he was extremely rude and demanded that I open my garage. He stated that " he had a warrant to retrieve a XXXX BMW '' and that he was n't leaving until he had done so. I simply told him that I was uncomfortable with his presence and that it was against the law for him to knock on my door that time of morning. My husband came home, he could not pull into our driveway because the tow truck was in the driveway with the beacon lights still flashing. My husband then proceeded to explain to him that he was in breach of peace and asked him to leave. He began harassing the both of us and threatened to call the police. We asked him to do so. The XXXX dispatcher asked him to leave the premises and he refused. While waiting for the police to arrive XXXX XXXX began to antagonize and harass my husband and refused to move his truck. He removed his glasses and hat, proceeded to bang on the side of his truck saying he would " knock him out and that he had something for him. '' We both stepped away because we felt threatened by the fact that he was implying that he had a weapon. Once the police arrived they explained to him that he could not be at our home at that time of morning and that he was in breach of peace and must leave immediately. 

The Fair Debt Collection Practices Act ( FDCPA ) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from a debtor. It also states that, a debt collector may not contact you at inconvenient times or places, such as before XXXX XXXX XXXX XXXX XXXX or after XXXX XXXX XXXX, unless you agree to it. It is also against the law to deceive, harass or threaten. 

I have never given any agents from BMW Financial, XXXX XXXX or XXXX XXXX permission to contact me during these inconvenient times. Furthermore, because of this overzealous and over-aggressive gentleman my children were late to school and this unnecessary incident caused chaos in my home. XXXX XXXX broke multiple laws during this encounter, my husband was threatened, he was deceiving by stating that he had a " warrant for the XXXX BMW, '' and was not given permission to contact me or visit my home at XXXX XXXX XXXX XXXX. 



I would like a thorough investigation of this incident, as I plan to pursue this to the fullest extent of the law. These unfair practices are not only dangerous but deceptive and illegal and should be stopped. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation