Consumer complaint received 2022-08-19
Company: BMW Financial Services NA, LLC
State: PA
Product: Vehicle loan or lease
Sub-product: Lease
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
Attached to this complaint : https : XXXX 1. Audio Recording of an XXXX XXXX XXXX employee ( Passenger ) stating that his partner ( Driver ) not only tried to fight me during the repossession, but he also tries to fight other consumers during repossession. 

2. Audio Recording of anXXXX XXXX XXXXemployee ( Passenger ) acknowledging that his partner ( driver ) intimidated me by threatening to call the police and have me arrested for not giving him the keys and letting him repossessthe vehicle. The employee is also heard agreeing that the actions of the driver were wrong and apologized. 

OFFICIAL STATEMENT : XXXX XXXX Location & Time : XXXX XXXX XXXX XXXXXXXX XXXX TN. 
XX/XX/2022 XXXX While inside my mom 's apartment, my little sister stated that she heard my car alarm going off. As I looked out of the window, I could see a XXXX male ( passenger ) aggressively shaking my car and attempting to open my the doors and another XXXX male ( driver ) looking under the car. I immediately went downstairs to see what was going on. When I got outside, I asked both men what they were doing. The driver stated " I'm taking the car, that's what I'm doing. '' I then stated to him " Your are not taking my car, who are you? '' The two individuals then began hooking straps to my front tires and lifting up the vehicle ; while stating they had been looking for me for over two hours ; and BMW instructed them to repossess my vehicle. I instructed both men to put my car down immediately. They both refused to do so. Around this time my family was watching from the balcony as well as some of the neighbors. My dad then ran downstairs to see what was going on. When my dad came down he told the two repo men " What's going on? You guys are not taking his car. put it down. '' They both again refused to do so. My dad was visibly upset. To prevent any escalation I told him I would take care of it and asked that he go back upstairs. He complied and went back upstairs to watch from the balcony with the rest of my family. Around this time, the driver began demanding my car keys. I refused to give him my keys in which he then became enraged. He began shouting profanities at me and saying things like, " we're taking the XXXX car '', " pay your XXXX bills on time '', " it's best you give me the keys before you get arrested ''. " If you dont give us the XXXX keys and we can't make a new one, your windows are going to be busted and you'll be paying for that XXXX '' By the driver 's body language and size, it was clear he was using his height and weight to intimidate me. An argument between him and I then ensued in front of everyone watching. At one point during the argument, the driver told me if I touched his equipment or tried to stop the repo he would lay me on the ground. As we continued arguing, I attempted to get things out of my car but the passenger blocked me with his body from doing so. I asked him to move out of the way and he did not. The driver then began yelling ; telling me that I had the opportunity to get my things in the beginning but now I do not. He then instructed the passenger to get inside the tow truck so they could " get the XXXX  out of here. '' The driver and I continued arguing for several minutes. During this time, he continually threatened to call the police if I did not move out of the way and give him the keys ; and at one point walked up to me to yell in my face. The passenger then tried to intervene ; attempting to calm things down. The environment was loud, became was very hostile and started to alert additional neighbors. The passenger then went to speak with the driver in private. While doing so, I went inside of my car to get my suitcase. After speaking with the driver, the passenger then pulled me to the side to talk in private. The passenger pleaded with me to give him the keys and make things easy on myself. He stated that if I did not comply, the driver would call the police and I would be arrested. He apologized for the drivers behavior and told me he is just a worker ; and has no authority over the driver. In addition to being arrested, he stated the driver would most likely break the window to get into the car if he does not have the keys. He made it clear to me that no matter what I said or did, they were not leaving without the vehicle. As the passenger and I continued talking in private, the driver began yelling again. He told the driver to get inside the truck " NOW '' ; also stating it was time to go. The driver and I began arguing again. The driver was now instructing the passenger to call the police on me. The passenger then frantically pleaded with me to just give him the keys. He pulled out his cellphone and gave me his phone number and stated he would call me afterwards to discuss everything that happened. He then told me he had to go and told me one last time to give him the keys or things wouldn't end well. By this time, all of my neighbors were watching, my family watched, and I feared being assaulted or arrested in front of everyone ; so I complied with their demands. After giving them the keys, the driver and passenger left with my vehicle. I did not receive any paperwork or information related to the repossession. Later that night, the passenger and I met at the same location where my car was towed. We discussed the event for about 30 minutes, then he left. My last communication with the passenger was a phone call on Tuesday XX/XX/2022. 

I firmly believe my rights were violated during the repossession on my vehicle. The unlawful repossession of my vehicle has caused me to be humiliated, has negatively affected my finances, has damaged my reputation, and the threats of XXXX now causes me to have XXXX when encountering truck drivers. It would be very hard for me to accept having my car taken under these circumstances without seeking justice. In other words, I would walk the earth twice to be able to keep my car. Hopefully, everyone understands how much my car means to me personally and professionally.

Company response to consumer: Closed with explanation