Consumer complaint received 2024-07-10
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Billing problem
Company: Mercedes Benz Financial Services (CA)

Subject : Formal Complaint Against Mercedes-Benz Financial Services for Violation of UCC 3-603 XXXX California Financial Laws, and TILA Dear Sir/Madam, I am writing to formally lodge a complaint against XXXX XXXX Services for their refusal XXXX XXXX XXXX XXXX XXXX as tender of payment and for not disclosing a copy of the signed promissory note when requested. These actions constitute violations of the Uniform Commercial Code ( UCC ) Section 3-603, relevant XXXX financial laws, and the Truth in Lending Act ( TILA ). 

Background On about 6/24, I submitted a negotiable instrument ( See Attachment ) to XXXX XXXX XXXX as payment for my Account XXXX. Despite this, my payment was unjustifiably refused, causing significant inconvenience and financial strain. Additionally, upon requesting a copy of the signed promissory note, my request was denied, further complicating my ability to address this matter.

Legal Basis Violation of UCC 3-603 According to UCC 3-603 ( b ) : " If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. '' This section indicates that my tender of payment, made in good faith and in accordance with all legal requirements, should have been accepted. Furthermore, under UCC 3-604 : " An obligor is discharged to the extent of his or her payment if the instrument is taken for value. '' Violation of XXXX Financial Laws California Civil Code 1476 states : " If a creditor refuses to accept performance properly tendered by the debtor, the debtor is entitled to be discharged from his obligation to the extent of the amount tendered. '' This statute reinforces my position that the refusal by XXXX XXXX XXXX XXXX XXXX my payment discharges my obligation to the extent of the tendered amount. 

Violation of TILA The Truth in Lending Act ( TILA ), under 15 U.S. Code 1639 ( g ), mandates that creditors must provide a copy of the signed promissory note or other evidence of indebtedness to the borrower upon request. By failing to provide me with a copy of the signed promissory note, XXXX XXXX XXXX has XXXX this federal requirement. 

Request for Resolution In light of the above, I respectfully request the following actions from Mercedes-Benz Financial Services : XXXX ) Acknowledgment of Receipt : Confirm receipt of this complaint. 
2 ) Explanation : Provide a detailed explanation for the refusal to accept the negotiable instrument.

3 ) Acceptance and Credit : Accept the previously tendered negotiable instrument as payment and appropriately credit my account.

4 ) Discharge Confirmation : Confirm that my obligation has been discharged to the extent of the amount tendered.

5 ) Disclosure Compliance : Provide a copy of the signed promissory note as required by TILA. 

Submission to CFPB This complaint is being submitted to the CFPB for investigation and resolution. I expect a written response within [ reasonable time frame, e.g., 15 business days ] from the date of this letter. Should this issue remain unresolved, I will pursue further legal action to enforce my rights under applicable laws. 

Thank you for your prompt attention to this matter. 

Yours sincerely, XXXX XXXX