Consumer complaint received 2024-01-12 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Problems at the end of the loan or lease — Unable to receive car title or other problem after the loan is paid off
Company: BMW Financial Services NA, LLC
State: VA

Complaint narrative:
ACCOUNT NUMBER : XXXX ( any derivative thereof ) I, XXXX XXXX who is twenty-nine years of age declare that I am a natural person of any jurisdiction of any county, state, or nation. 
15 U.S.Code 1692j- false and deceptive forms 15 U.S. Code 1635- right to rescission 15 U.S.Code 1644 ( a ) - fraudulent authorized use of credit card ( XXXX fine ) 15 U.S.Code 1605 - finance charge defined and what is all included 15 U.S.Code 1635 ( f ) - right to rescind after 3 years if rescind paperwork was never furnished 15 U.S.Code 1635 ( b ) - right to rescind and keep the property 15 U.S.Code 1640 ( a ) - each violation is 2x finance charge 1. U.S. Code 1662 ( b ) - mixing cash with consumer credit transaction 2. C.F.R. 433.1 ( d ) - purchase money loan.

Company got a cash advance for using my social or credit card 1 ) Recently you stated right to recission only applies to mortgages, that is false and misleading as is the " contract '' you deceptively had me sign pursuant to 15 U.S.Code 1692j- false and deceptive forms.

2 ) 15 U.S.CODE 1644 ( A ) 15 U.S. Code 1635- right to rescission, RESCISSION CAN BE A CONSUMER CREDIT TRANSACTION OF PROPERTY WITH SECURITY INTEREST, A TRANSACTION WHICH HAS A SECURITY INTEREST IN IT. THE RIGHT TO RESCISSION MUST DISCLOSE THAT THE OBLIGOR HAS UNTIL MIDNIGHT OF THE THIRD BUSINESS DAY, BUT BUSINESS DAY IS EVERYDAY, FROM THE DATE OF THE SIGNED CONTRACT TO RESCIND THE CONTRACT. THE CREDITOR MUST CLEARLY AND CONSPICUOUSLY DISCLOSE THE RIGHT TO RESCIND MEANING WRITTEN OR A DESIGNATED SECTION WITHIN THE CONTRACT THE CREDITOR MUST GIVE THE FORMS TO EXERCISE THE RIGHT TO RESCIND THE ONLY REASON THEY WOULD NOT BE GIVEN THE RIGHT OF RESCISSIONS FORMS IS IF THE OBLIGOR SIGNS A WAIVER OR AN EMERGENCY OCCURRED RESCISSIONS WHEN RESCISSION OCCURS, THE CREDITOR MUST RETURN THE MONEY OR VALUE OF THE CAR, DOWNPAYMENT, AND TERMINATE THE SECURITY INTEREST. 
THE OBLIGOR WILL ALSO BE ABLE TO KEEP THE VEHICLE. 
IF THE FORMS TO RESCIND WAS NOT GIVEN, THE OBLIGOR HAS 3 YEARS TO INVOKE THE RIGHT TO RESCIND. 
THE OBLIGOR CAN RESCIND IF THERE IS A SALE OF PROPERTY OR JUDICIAL ACTION. 
3 ) Correct me if I am wrong but does your company not have security interest in this transaction? If you proceed to tell me you do not, then send me the title to the vehicle please and remove all security interest. If you proceed to say you do then you are in violation of not providing me with my right of recission.

4 ) Also in violation of false and deceptive documents as the contract was not clearly and conspicuously disclose to me. After further review of TILA, finance charge is the sum of all charges. This contract shows different charges, and the finance charge was supposed to be paid for the moment your company used my credit card, which accessed my open end credit plan.

5 ) If you proceed to tell me no, now you are compelling to fraud. Due to this evidence being reported on credit report. AS A RESULT YOUR COMPANY NEVER HAD CLEAR WRITTEN DISCLOSURE FROM ME TO FURNISH ANY INFORMATION INVOLVING THE ALLEGED CONSUMER TRANSACTION, IN ORDER TO FURNISH THIS INFORMATION TO A THIRD PARTY PURSUAN

T TO 15 USC 1681 ( section 604 a section e ). Referring to my credit report your company has added remarks to report in which I NEVER GAVE WRITTEN COMMUNICATION TO DO SO. 6 ) Pursuant to FDCPA 15 USC 1929d ( 5 ) causing telephone to ring repeatedly with intent to harass. This transaction was initiated from an open end credit plan in which according to TILA was supposed to take care of the finance charge which the definition for finance charge is the sum of ALL CHARGES. 7 ) Pursuant to 15 USC 1681 section 602 states I have the right to privacy. This is an invasion of privacy as well! In accordance with the Fair Credit Reporting Act this creditor has violated my rights. 15 USC 1681 ( section 604 a section 2 ( it also states a consumer reporting agency can not furnish an account without my written instructions under 15 USC 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. 8 ) Furthermore according to Regulation Z banks can not lend money, so where did this money come from? Look we can make this easy for us both. Pursuant to " 15 USC 1666d- Treatment of credit balances '' " Whenever a credit balance in excess of {$1.00} is created in connection with a consumer transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned fianc charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) Credit the amount of the credit balance to the consumer 's account ; ( B ) Refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) Make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumer 's current location is not known by the creditor and can not be traced through the consumer 's last known address or telephone number. '' Your company can remove the security interest on the property and send me my title. If not, I will take this document and file a suit with all evidence for each law that your company neglected and broke. 15 USC 1602 ( 1 ) credit card ( 1 ) The term " credit card '' means any card, plate, coupon book or other credit device existing for the purpose of obtaining money,
property, labor, or services on credit. AkA social security card.

Company response to consumer: Closed with explanation