Consumer complaint received 2024-08-19
Product: Vehicle loan or lease — Lease
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: Mercedes Benz Financial Services (PA)

I am writing to file a formal complaint against Mercedes-Benz Financial Services USA LLC ( MBFS USA ) for engaging in securities fraud, transaction fraud, and deceptive practices related to a motor vehicle lease agreement. I believe that MBFS USA has acted in bad faith in the performance of its fiduciary duties, failing to disclose material facts that have significant legal and financial implications.

Details of the Complaint : 1. Lease Agreement and Lack of Disclosure : On XX/XX/XXXX, I entered into a lease agreement with a participating Mercedes-Benz Financial Services USA LLC dealer for a vehicle with the XXXX XXXX ( Account Number XXXX ). MBFS USA failed to disclose material information regarding the securitization and transfer of my lease, which is a violation of my rights as a consumer. 

2. Evidence of Transaction Fraud : According to XXXX of MBFS USAs XXXX filing, " The Lender will sell the XXXX Exchange Note to the Depositor pursuant to a First-Tier Sale Agreement, dated as of XX/XX/XXXX, between the Lender and the Depositor, and the Depositor will sell the XXXX Exchange Note to the Issuing Entity pursuant to a Second-Tier Sale Agreement, dated as of XX/XX/XXXX, between the Depositor and the Issuing Entity. '' MBFS USA continued to service the Titling Trust Assets allocated to the XXXX Reference Pool, all without disclosing these facts to me. 

XXXX. Misleading and Deceptive Practices : I originally signed with Mercedes-Benz XXXX XXXX XXXX XXXX XXXX which subsequently transferred the rights, title, and interest to MBFS USA . MBFS USA then sold, transferred, and assigned these rights to Mercedes-Benz Trust Leasing LLC and further to Mercedes-Benz Auto Lease Trust XXXX XXXX which in turn assigned and pledged these assets to XXXX XXXX XXXX XXXX XXXX XXXX XXXX for the benefit of the Secured Parties and Noteholders. This series of transactions was done without my knowledge or consent, constituting a deceptive practice.

4. Violation of UCC 3-203 : At the moment the original creditor sold, transferred, and conveyed the leases ( chattel paper ), MBFS USA lost the legal right to repossess the vehicle. The transfer was indirect and involved fraud in the instrument. According to UCC 3-203 ( b ), " The transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. '' MBFS USAs actions violate this provision. 

5. Revocation of Power of Attorney : I have formally revoked the Power of Attorney and rescinded the Security Interest granted to MBFS USA. Despite this, MBFS USA has continued to act as though it retains these powers, further violating its fiduciary duties. The officers, employees, and agents under the Indenture have failed to fulfill their fiduciary responsibilities.

Conclusion : MBFS USAs actions have caused significant distress and financial harm. I request that the Consumer
Financial Protection Bureau take immediate action to investigate these fraudulent and deceptive practices. I seek the enforcement of my rights under the Uniform Commercial Code and the return of any assets or payments wrongfully obtained by MBFS USA.