Consumer complaint received 2024-12-23 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: Mercedes Benz Financial Services
State: NY

Complaint narrative:
XXXX XXXX XXXX MERCEDES-BENZ FINANCIAL SERVICES USA LLC XXXX 

XXXX. [ XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX : XXXX XXXX XXXX, XXXX, CA XXXX. ] XXXX. [ XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, TN XXXX ] XXXX. [ XXXX XXXX XXXX, XXXX XXXX, XXXX, OH XXXX ] XXXX! 

Re : Disputing error [ XXXX ] on credit report, Reporting Improper Repo of Vehicle, Down Payment Return. 
Dear : Mercedes Benz Financial Services, I am writing to request a correction of the following information that appears on my [ XXXX, XXXX, XXXX ] consumer report : Dispute XXXX [ These are examples. Pick the ones that apply to your credit report. ] XXXX o The report shows I currently owe money to your company that I have already repaid. Attached is a Memorandum of U.C.C Codes that have been violated during the process of my contract I have been in distress due to misappropriated authorization not authorized by Myself during the repo process I was hurt and also not awarded any refund willing and available by any company member to handle my claims with respect also I wish to request that all information retained by legally authorized by me are signed by me making this repossession legal. I seek to retain my vehicle and check toward payment for emotion damages and down payment, lien release, as buyer, form 1040v for voucher was denied verbally.

[ Thank you for your assistance. 
Sincerely, XXXX XXXX MEMORANDUM U.S.Code 1602 ( g ) - The term " creditor '' refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. [. ] C.F.R. 433.1 ( c ) - Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer.

16 C.F.R. 433.2 - NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

12 C.F.R. 1026.18 H-1 Credit Sale Model Form 15 U.S.Code 1602 ( v ) - The term " material disclosures '' means the disclosure, as required by this subchapter, of the annual percentage rate, the method of determining the finance charge and the balance upon which a finance charge will be imposed, the amount of the finance charge, the amount to be financed, the total of payments, the number and amount of payments, the due dates or periods of payments scheduled to repay the indebtedness, and the disclosures required by section 1639 ( a ) of this title.

12 C.F.R. 1026.4 ( a ) - The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction.

15 U.S.Code 1605 ( a ) - " Finance charge '' defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. [ .. ] 15 U.S.Code 1640 ( a ) - ( jin the case of an individual action twice the amount of any finance charge in connection with the transaction, ( i ) in the case of an individual action relating to a consumer lease under part E of this subchapter, 25 per centum of the total amount of monthly payments under the lease, except that the liability under this subparagraph shall not be less than {$200.00} nor greater than {$2000.00}, [. ] ] 15 U.S.Code 1611 ( a ) - gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder.

Part 1. General Provisions [ Subpart 1. Short Title, Definitions, and General Concepts ] 9-101. SHORT TITLE.

9-102. DEFINITIONS AND INDEX OF DEFINITIONS.

9-103. PURCHASE-MONEY SECURITY INTEREST ; APPLICATION OF PAYMENTS ; BURDEN OF ESTABLISHING.

9-104. CONTROL OF DEPOSIT ACCOUNT.

9-105. CONTROL OF ELECTRONIC CHATTEL PAPER.

9-106. CONTROL OF INVESTMENT PROPERTY.

9-107. CONTROL OF LETTER-OF-CREDIT RIGHT.

9-108. SUFFICIENCY OF DESCRIPTION.

[ Subpart 2. Applicability of Article ] 9-109. SCOPE.

9-110. SECURITY INTERESTS ARISING UNDER ARTICLE 2 OR 2A.

Part 2. Effectiveness of Security Agreement; Attachment of Security Interest ; Rights of Parties to Security Agreement [ Subpart 1. Effectiveness and Attachment ] 9-201. GENERAL EFFECTIVENESS OF SECURITY AGREEMENT.

9-202. TITLE TO COLLATERAL IMMATERIAL.

9-203. ATTACHMENT AND ENFORCEABILITY OF SECURITY INTEREST ; PROCEEDS ; SUPPORTING OBLIGATIONS ; FORMAL REQUISITES.

9-204. AFTER-ACQUIRED PROPERTY ; FUTURE ADVANCES.

9-205. USE OR DISPOSITION OF COLLATERAL PERMISSIBLE.

9-206. SECURITY INTEREST ARISING IN PURCHASE OR DELIVERY OF FINANCIAL ASSET.

[ Subpart 2. Rights and Duties ] 9-207. RIGHTS AND DUTIES OF SECURED PARTY HAVING POSSESSION OR CONTROL OF COLLATERAL.

9-208. ADDITIONAL DUTIES OF SECURED PARTY HAVING CONTROL OF COLLATERAL.

9-209. DUTIES OF SECURED PARTY IF ACCOUNT DEBTOR HAS BEEN NOTIFIED OF ASSIGNMENT.

9-210. REQUEST FOR ACCOUNTING ; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.

Part 3. Perfection and Priority [ Subpart 1. Law Governing Perfection and Priority ] 9-301. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS.

9-302. LAW GOVERNING PERFECTION AND PRIORITY OF AGRICULTURAL LIENS.

9-303. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY A CERTIFICATE OF TITLE.

9-304. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNTS.

9-305. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.

9-306. LAW GOVERNING PERFECTION AND PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHTS.

9-307. LOCATION OF DEBTOR.

9-308. WHEN SECURITY INTEREST OR AGRICULTURAL LIEN IS PERFECTED ; CONTINUITY OF PERFECTION.

9-309. SECURITY INTEREST PERFECTED UPON ATTACHMENT.

9-310. WHEN FILING REQUIRED TO PERFECT SECURITY INTEREST OR AGRICULTURAL LIEN ; SECURITY INTERESTS AND AGRICULTURAL LIENS TO WHICH FILING PROVISIONS DO NOT APPLY.

9-311. PERFECTION OF SECURITY INTERESTS IN PROPERTY SUBJECT TO CERTAIN STATUTES, REGULATIONS, AND TREATIES.

9-312. PERFECTION OF SECURITY INTERESTS IN XXXX XXXX, DEPOSIT ACCOUNTS, DOCUMENTS, GOODS COVERED BY DOCUMENTS, INSTRUMENTS, INVESTMENT PROPERTY, LETTER-OF-CREDIT RIGHTS, AND MONEY ; PERFECTION BY PERMISSIVE FILING ; TEMPORARY PERFECTION WITHOUT FILING OR TRANSFER OF POSSESSION.

9-313. WHEN POSSESSION BY OR DELIVERY TO SECURED PARTY PERFECTS SECURITY INTEREST WITHOUT FILING.

9-314. PERFECTION BY CONTROL.

9-315. SECURED PARTY 'S RIGHTS ON DISPOSITION OF COLLATERAL AND IN PROCEEDS.

9-316. CONTINUED PERFECTION OF SECURITY INTEREST FOLLOWING CHANGE IN GOVERNING LAW.

[ Subpart 3. Priority ] 9-317. INTERESTS THAT TAKE PRIORITY OVER OR TAKE FREE OF UNPERFECTED SECURITY INTEREST OR AGRICULTURAL LIEN.

9-318. NO INTEREST RETAINED IN RIGHT TO PAYMENT THAT IS SOLD ; RIGHTS AND TITLE OF SELLER OF ACCOUNT OR CHATTEL PAPER WITH RESPECT TO CREDITORS AND PURCHASERS.

9-319. RIGHTS AND TITLE OF CONSIGNEE WITH RESPECT TO CREDITORS AND PURCHASERS.

9-320. BUYER OF GOODS.

9-321. LICENSEE OF GENERAL INTANGIBLE AND LESSEE OF GOODS IN ORDINARY COURSE OF BUSINESS.

9-322. PRIORITIES AMONG CONFLICTING SECURITY INTERESTS IN AND AGRICULTURAL LIENS ON SAME COLLATERAL.

9-323. FUTURE ADVANCES.

9-324. PRIORITY OF PURCHASE-MONEY SECURITY INTERESTS.

9-325. PRIORITY OF SECURITY INTERESTS IN TRANSFERRED COLLATERAL.

9-326. PRIORITY OF SECURITY INTERESTS CREATED BY NEW DEBTOR.

9-327. PRIORITY OF SECURITY INTERESTS IN DEPOSIT ACCOUNT.

9-328. PRIORITY OF SECURITY INTERESTS IN INVESTMENT PROPERTY.

9-329. PRIORITY OF SECURITY INTERESTS IN LETTER-OF-CREDIT RIGHT.

9-330. PRIORITY OF PURCHASER OF XXXX XXXX OR INSTRUMENT.

9-331. PRIORITY OF RIGHTS OF PURCHASERS OF INSTRUMENTS, DOCUMENTS, AND SECURITIES UNDER OTHER ARTICLES ; PRIORITY OF INTERESTS IN FINANCIAL ASSETS AND SECURITY ENTITLEMENTS UNDER ARTICLE 8.

9-332. TRANSFER OF MONEY ; TRANSFER OF FUNDS FROM DEPOSIT ACCOUNT.

9-333. PRIORITY OF CERTAIN LIENS ARISING BY OPERATION OF LAW.

9-334. PRIORITY OF SECURITY INTERESTS IN FIXTURES AND CROPS.

9-335. ACCESSIONS.

9-336. COMMINGLED GOODS.

9-337. PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.

9-338. PRIORITY OF SECURITY INTEREST OR AGRICULTURAL LIEN PERFECTED BY FILED FINANCING STATEMENT PROVIDING CERTAIN INCORRECT INFORMATION.

9-339. PRIORITY SUBJECT TO SUBORDINATION.

[ Subpart 4. Rights of Bank ] 9-340. EFFECTIVENESS OF RIGHT OF RECOUPMENT OR SET-OFF AGAINST DEPOSIT ACCOUNT.

9-341. BANK 'S RIGHTS AND DUTIES WITH RESPECT TO DEPOSIT ACCOUNT.

9-342. BANK 'S RIGHT TO REFUSE TO ENTER INTO OR DISCLOSE EXISTENCE OF CONTROL AGREEMENT.

Part 4. Rights of Third Parties 9-401. ALIENABILITY OF DEBTOR 'S RIGHTS.

9-402. SECURED PARTY NOT OBLIGATED ON CONTRACT OF DEBTOR OR IN TORT.

9-403. AGREEMENT NOT TO ASSERT DEFENSES AGAINST ASSIGNEE.

9-404. RIGHTS ACQUIRED BY ASSIGNEE ; CLAIMS AND DEFENSES AGAINST ASSIGNEE.

9-405. MODIFICATION OF ASSIGNED CONTRACT.

9-406. DISCHARGE OF ACCOUNT DEBTOR ; NOTIFICATION OF ASSIGNMENT ; IDENTIFICATION AND PROOF OF ASSIGNMENT ; RESTRICTIONS ON ASSIGNMENT OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, AND PROMISSORY NOTES INEFFECTIVE.

9-407. RESTRICTIONS ON CREATION OR ENFORCEMENT OF SECURITY INTEREST IN LEASEHOLD INTEREST OR IN LESSOR 'S RESIDUAL INTEREST.

9-408. RESTRICTIONS ON ASSIGNMENT OF PROMISSORY NOTES, HEALTH-CARE-INSURANCE RECEIVABLES, AND CERTAIN GENERAL INTANGIBLES INEFFECTIVE.

9-409. RESTRICTIONS ON ASSIGNMENT OF LETTER-OF-CREDIT RIGHTS INEFFECTIVE.

Part 5. Filing [ Subpart 1. Filing Office ; Contents and Effectiveness of Financing Statement ] 9-501. FILING OFFICE.

9-502. CONTENTS OF FINANCING STATEMENT ; RECORD OF MORTGAGE AS FINANCING STATEMENT ; TIME OF FILING FINANCING STATEMENT.

9-503. NAME OF DEBTOR AND SECURED PARTY.

9-504. INDICATION OF COLLATERAL.

9-505. FILING AND COMPLIANCE WITH OTHER STATUTES AND TREATIES FOR CONSIGNMENTS, LEASES, OTHER BAILMENTS, AND OTHER TRANSACTIONS.

9-506. EFFECT OF ERRORS OR OMISSIONS.

9-507. EFFECT OF CERTAIN EVENTS ON EFFECTIVENESS OF FINANCING STATEMENT.

9-508. EFFECTIVENESS OF FINANCING STATEMENT IF NEW DEBTOR BECOMES BOUND BY SECURITY AGREEMENT.

9-509. PERSONS ENTITLED TO FILE A RECORD.

9-510. EFFECTIVENESS OF FILED RECORD.

9-511. SECURED PARTY OF RECORD.

9-512. AMENDMENT OF FINANCING STATEMENT.

9-513. TERMINATION STATEMENT.

9-514. ASSIGNMENT OF POWERS OF SECURED PARTY OF RECORD.

9-515. DURATION AND EFFECTIVENESS OF FINANCING STATEMENT ; EFFECT OF LAPSED FINANCING STATEMENT.

9-516. WHAT CONSTITUTES FILING ; EFFECTIVENESS OF FILING.

9-517. EFFECT OF INDEXING ERRORS.

9-518. CLAIM CONCERNING INACCURATE OR WRONGFULLY FILED RECORD.

[ Subpart 2. Duties and Operation of Filing Office ] 9-519. NUMBERING, MAINTAINING, AND INDEXING RECORDS ; COMMUNICATING INFORMATION PROVIDED IN RECORDS.

9-520. ACCEPTANCE AND REFUSAL TO ACCEPT RECORD.

9-521. UNIFORM FORM OF WRITTEN FINANCING STATEMENT AND AMENDMENT.

9-522. MAINTENANCE AND DESTRUCTION OF RECORDS.

9-523. INFORMATION FROM FILING OFFICE ; SALE OR LICENSE OF RECORDS.

9-524. DELAY BY FILING OFFICE.

9-525. FEES.

9-526. FILING-OFFICE RULES.

9-527. DUTY TO REPORT.

Part 6. Default [ Subpart 1. Default and Enforcement of Security Interest ] 9-601. RIGHTS AFTER DEFAULT ; JUDICIAL ENFORCEMENT ; CONSIGNOR OR BUYER OF ACCOUNTS, XXXX XXXX, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.

9-602. WAIVER AND VARIANCE OF RIGHTS AND DUTIES.

9-603. AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.

9-604. PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.

9-605. UNKNOWN DEBTOR OR SECONDARY OBLIGOR.

9-606. TIME OF DEFAULT FOR AGRICULTURAL LIEN.

9-607. COLLECTION AND ENFORCEMENT BY SECURED PARTY.

9-608. APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT ; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

9-609. SECURED PARTY 'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.

9-610. DISPOSITION OF COLLATERAL AFTER DEFAULT.

9-611. NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

9-612. TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

9-613. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL : GENERAL.

9-614. CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL : CONSUMER-GOODS TRANSACTION.

9-615. APPLICATION OF PROCEEDS OF DISPOSITION ; LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.

9-616. EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY.

9-617. RIGHTS OF TRANSFEREE OF COLLATERAL.

9-618. RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.

9-619. TRANSFER OF RECORD OR LEGAL TITLE.

9-620. ACCEPTANCE OF COLLATERAL IN FULL OR PARTIAL SATISFACTION OF OBLIGATION ; COMPULSORY DISPOSITION OF COLLATERAL.

9-621. NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.

9-622. EFFECT OF ACCEPTANCE OF COLLATERAL.

9-623. RIGHT TO REDEEM COLLATERAL.

9-624. WAIVER.

[ Subpart 2. Noncompliance with Article ] 9-625. REMEDIES FOR SECURED PARTY 'S FAILURE TO COMPLY WITH ARTICLE.

9-626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.

9-627. DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.

9-628. NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY ; LIABILITY OF SECONDARY OBLIGOR.

Part 7. Transition 9-701. EFFECTIVE DATE.

9-702. SAVINGS CLAUSE.

9-703. SECURITY INTEREST PERFECTED BEFORE EFFECTIVE DATE.

9-704. SECURITY INTEREST UNPERFECTED BEFORE EFFECTIVE DATE.

9-705. EFFECTIVENESS OF ACTION TAKEN BEFORE EFFECTIVE DATE.

9-706. WHEN INITIAL FINANCING STATEMENT SUFFICES TO CONTINUE EFFECTIVENESS OF FINANCING STATEMENT.

9-707. AMENDMENT OF PRE-EFFECTIVE-DATE FINANCING STATEMENT.

9-708. PERSONS ENTITLED TO FILE INITIAL FINANCING STATEMENT OR CONTINUATION STATEMENT.

9-709. PRIORITY.

Part 1. General Provisions Part 2. Effectiveness of Security Agreement; Attachment of Security Interest ; Rights of Parties to Security Agreement Part 3. Perfection and Priority Part 4. Rights of Third Parties Part 5. Filing Part 6. Default Part 7. Transition Part 8. TRANSITION PROVISIONS FOR 2010 AMENDMENTS

Company response to consumer: Closed with explanation