Consumer complaint received 2025-05-30 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: Mercedes Benz Financial Services
State: FL

Complaint narrative:
On XX/XX/XXXX, I contacted Mercedes-Benz Financial Services ( MBFS ) and made a payment over the phone for my vehicle account. I provided accurate and valid banking information, and received written confirmation ( email and PDF ) verifying that the payment of {$990.00} was successfully authorized for my account ending in XXXX, routing XXXX. I have proof of the successful authorization from the payment processor ( REPAY ), including a Payment Confirmation Reference Number ( XXXX ) and timestamp. 

However, MBFS later claimed that the payment failed due to an account number errorbut the evidence shows this was a data entry mistake by their agent, not a customer error. No notification of this failed payment was provided to me, breaking MBFSs standard practice, as I had previously received automated ACH rejection notices for other failed payments ( e.g., XX/XX/XXXX ). In this instance, they withheld that notice, eliminating my ability to cure an issue I did not know existed. 

Then on XX/XX/XXXX, MBFS emailed me an official deferral/extension agreement, which I reviewed, signed, and submitted through their portal by XX/XX/XXXX. The agreement confirmed my new maturity date, explicitly showing my payment due date was moved from XX/XX/XXXX to XX/XX/XXXX, XXXXwith two months deferred and the next due payment scheduled for XX/XX/XXXX. The terms also confirmed that the contract remained in full force and effect, with no mention of XX/XX/XXXX as a hard deadline or cutoff. 

MBFS now claims I was placed in default on XX/XX/XXXX, a XXXX  and XXXX XXXX  ( XXXX XXXX XXXX. No company representative disclosed that the extension would be void unless the original payment was honored, nor was any deadline communicated requiring funds by XX/XX/XXXX. Instead, I was misled into believing my account was in good standing after submission of the signed agreement. 

I also never received the Notice of Default or Right to Cure that MBFS claims was mailed on XX/XX/XXXX. There is no proof of mailing, tracking, or delivery confirmationdespite Florida law and UCC 9-611 requiring authenticated and reasonable notice before a repossession. Without proper delivery, MBFS can not claim they fulfilled their obligation to notify me of any right to cure or impending repossession. 

Despite having : A signed deferral agreement, No notice of payment failure, No notice of default or cure, No advance warning of repossession, MBFS illegally repossessed my vehicle on XX/XX/XXXX. The repossession occurred while I was sitting inside the vehicle, and police were present. This is a textbook breach of peace under Florida Statutes XXXX, which prohibits repossessions that disturb the peace or involve confrontation or law enforcement. The U.S. Supreme Court has reinforced these principles in XXXXXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), requiring fair notice and an opportunity to be heard prior to XXXX of property. 

Additionally : My bumper and undercarriage were damaged during the repossession, I was denied access to retrieve essential work equipment and prescription medication, and I have suffered emotional distress, financial hardship, and reputational damage.

MBFS has since claimed that my Do Not Contact tagplaced after a previous settlement regarding harassmentwas the reason for their lack of notification. However, they simultaneously claimed they made numerous attempts to contact me. These are contradictory and mutually exclusive statements. Either they violated the XXXX order by contacting me, or they failed to meet their legal notice requirements by citing the XXXX as a reason for silence. In either scenario, they are at fault.

MBFS then threatened to dispose of my vehicle after XX/XX/XXXX, without sending a proper authenticated notice of disposition required under UCC 9-611. A vague phone threat or casual statement does not meet the legal threshold of commercial reasonableness for selling repossessed collateral. I have not been given a proper itemization of any alleged debt, any right to cure, or a breakdown of what they claim I owe.

At the time of repossession : I had sufficient funds in my account ( as proven by my Chase statement ), I had proof of payment authorization and confirmation, I had submitted the extension in good faith and with documentation, and MBFS had internally misapplied the payment and failed to inform me.

All of the above demonstrates that MBFS violated : Florida Statutes XXXX ( repossession without breach of peace ), XXXX XXXX ( failure to send authenticated notification of default/disposition )XXXX XXXX XXXX  provisions ( unfair , deceptive , abusive conduct ), FCRA 15 U.S.C. 1681s-2 ( furnishing false credit information ), Basic due process rights under XXXX XXXX XXXXXXXX, and Their own contract terms and internal payment handling obligations. 

This is a wrongful repossession, plain and simple.

Company response to consumer: Closed with explanation