Consumer complaint received 2024-12-13 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: Mercedes Benz Financial Services
State: FL

Complaint narrative:
I am filing this complaint to address ongoing violations by Mercedes-Benz Financial Services ( MBFS ) that have disregarded my legal rights under federal law. Despite multiple attempts to resolve these issues amicably, including the submission of a Cease and Desist letter, Durable Power of Attorney ( DPOA ), and formal claims to interest, rights, titles, and proceeds regarding the associated lease, MBFS has failed to comply. Additionally, derogatory marks remain improperly reported on my credit report. This is my final attempt to seek resolution before initiating further legal action.

1. Cease and Desist Letter Ignored I have previously issued a Cease and Desist letter, formally prohibiting MBFS from communicating with or through any third-party credit reporting agency. This legal notice explicitly revoked any authorization to report or share information related to this lease. Despite this, MBFS continues to act in violation of the following : Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ) : By failing to comply with my Cease and Desist request, MBFS is engaging in unlawful communication practices.

FCRA, 15 U.S.C. 1681s-2 ( b ) : MBFS is required to investigate and resolve disputes regarding inaccurate or unauthorized reporting but has failed to comply with these obligations.

2. Durable Power of Attorney ( DPOA ) and Claim of Interest Ignored I submitted a XXXX and claimed all interest, rights, titles, and proceeds from this lease. As the rightful claimant, MBFS is obligated to comply with the terms outlined in the XXXX and acknowledge my legal standing. Failure to honor this claim constitutes : XXXX of XXXX : By ignoring the XXXX and my claims, MBFS is violating the principles of contract law and failing to fulfill its obligations.

Fraudulent Misrepresentation : MBFSs actions ( or lack thereof ) demonstrate an intent to disregard the rightful claims over proceeds and financial interest from the lease, amounting to fraud.

3. Opt-Out Rights Under the FCRA Under 15 U.S.C. 6802, I am formally opting out of any and all authorizationswhether written, verbal, implied, or otherwisegranted to MBFS to use or share my personal data. By continuing to report derogatory marks or share my information, MBFS is in direct violation of my rights.

Failure to Comply with Opt-Out : MBFS has no lawful authority to report or disclose my data after my opt-out notification.

4. Illegality of Reporting Transaction History Under 15 U.S.C. 6801, it is illegal to report transaction history without my explicit consent. Congress mandates that financial institutions uphold the privacy and confidentiality of their customers ' non-public personal information ( NPI ). MBFSs reporting of derogatory marks violates these principles.

5. Fraud and Non-Disclosure of Securitization MBFS has committed fraud by failing to disclose the securitization of my promissory note. The proceeds from the securitization of this note should have been applied to offset the balance of any alleged debt. By not compensating me as the creditor of the note, MBFS demonstrates : Violation of Securities Law : The sale or securitization of the promissory note without proper disclosure violates principles under XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. 1934 ), which establishes that promissory notes are fully funded and that creditors retain rights over the proceeds.

Failure to Acknowledge Offset Rights : As the rightful creditor, the proceeds from the sale of the note should have offset any alleged debt, leaving no valid grounds for derogatory reporting.

6. Violations of GAAP, TILA, and Audit Requirements MBFS has failed to provide an audit trail or proper financial accounting in accordance with Generally Accepted Accounting Principles ( GAAP ). Additionally : Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq. : MBFS must provide a detailed disclosure of all financial transactions, including how payments, offsets, and proceeds were applied.

The lack of transparency in accounting for the securitization and proceeds is a direct violation of XXXX. 


YOUR POLICES DO NOT XXXX OR OVER RIDE MY RIGHTS NOW FEDERAL LAW RESPOND CORRECTLY AS YOUR RESPONSE WILL BE USED IN COURT

Company response to consumer: Closed with explanation