Consumer complaint received 2024-06-07
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: BMW Financial Services NA, LLC (FL)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Fl XXXX XXXX XX/XX/XXXX BMW Financial Services XXXX : XXXX XXXX XXXX  XXXX XXXX XXXXXXXX, OH XXXX To whom it may concern, I am writing to express my deep concern regarding the recent repossession of my vehicle, XXXX BMW XXXX XXXX, and VIN # XXXX by BMW Financial Services XXXX On XX/XX/XXXX, while my car was undergoing repairs at XXXX BMW XXXX XXXX, I was informed that BMW Financial Services had repossessed it without any prior notice or warning, so my car was stolen. I also have a police report for this matter. 

This incident has caused me significant distress and inconvenience, as I had personal belongings, including my baby stroller and other valuables, stored in the car at the time of repossession. Despite numerous attempts to retrieve my belongings, I have not received any assistance or information from BMW Financial Services or the dealership. 

Furthermore, I was never notified by BMW Financial Services of any intent to repossess my vehicle or of any pending repossession proceedings. As a consumer, I believe I am entitled to receive proper notification and an opportunity to address any outstanding issues related to my account before repossession takes place. 

In addition to the breach of contract regarding warranties and the failure to reimburse me for unused service products, I am deeply concerned about the legality of the repossession process. According to 15 USC 1692F of the Fair Debt Collection Practices Act ( FDCPA ), a debt collector must obtain a court order or judicial action before repossessing property, unless it is a voluntary surrender by the debtor. The repossession of my vehicle by BMW Financial Services without any prior notice or warning appears to violate this provision of the law. 

Furthermore, I have not been reimbursed for the unused service products that I purchased as part of the contract with BMW Financial Services. Despite the repossession of my vehicle, I have not received any refund or credit for these unused services, which were paid for in advance. This failure to provide reimbursement for the unused services further compounds the breach of contract and represents a violation of our agreement. 

Id like to add the actions of BMW Financial Services may also be in violation of other consumer protection laws, including the Truth in Lending Act ( TILA ), state consumer protection laws, state repossession laws, the Magnuson-Moss Warranty Act, and prohibitions against unfair, deceptive, or abusive acts or practices ( UDAAP ). 

I demand immediate action to rectify this situation, including the return of my personal belongings, reimbursement for the unused service products, and a full explanation of the circumstances surrounding the repossession of my vehicle. Additionally, I request compensation for the inconvenience and emotional distress caused by this ordeal. 

Please provide me with a detailed account of the repossession process and the current status of my vehicle. I expect a prompt response to this matter and will not hesitate to pursue further legal action if necessary. 

Thank you for your attention to this urgent matter. I look forward to resolving this issue as soon as possible. 

XXXX XXXX