Consumer complaint received 2026-04-22 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: BMW Financial Services NA, LLC
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX XXXX XX/XX/year> BMW Financial Services NA, XXXX : Customer Relations/ Legal Department Via email, per BMW Financial Services ' recorded request for electronic correspondence Re : Wrongful repossession and breach of the peace Account No. XXXX, VIN XXXX To Whom It May Concern : I am the account holder on the above-referenced BMW Financial Services NA , LLC account. On the night of XX/XX/year>, at approximately XXXX XXXX, a vehicle titled in my name and financed through BMW Financial Services NA , LLC was removed from my residence by a person claiming to be acting on behalf of BMW Financial Services NA , LLC in a repossession. The repossession was unlawful under Florida law. I am writing to place BMW Financial Services NA , LLC on formal notice of the violations, to demand immediate return of the vehicle, and to require preservation of all related records. Summary of facts My vehicle was parked on the XXXX floor of the gated, locked parking structure at XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX. Access to the structure requires a key, fob, or resident-controlled gate. My individual parking area was secured. At XXXX XXXX on XX/XX/year>, my phone received an automated alert that my vehicle alarm had activated. The vehicle 's onboard system captured images and video of an unmarked XXXX tow truck and an unidentified individual attempting to tow the vehicle and prying at the door with a tool. I went to the parking structure and confronted the individual. He refused to identify himself. The truck bore no company markings, license information, or recovery-agent identification visible to me. He stated he was repossessing the vehicle. I informed him he was on secured private property without permission and was trespassing. He responded that " the gate was open. '' I observed and recorded video of him exiting the structure. A XXXX passenger vehicle appeared to be holding the gate open for him. A resident of the building witnessed the exit and stated the tow truck operator must have entered the structure before XXXX XXXX because he was sitting in view of the gate since that time. This means the tow truck gained entry to a locked, gated facility sometime earlier that evening. At no point did I, or anyone authorized by me, grant the tow operator access to the locked gated structure or to the secured area where the vehicle was stored. I received no prior notice of repossession. The vehicle alarm was audibly sounding throughout the removal. Videos and still photographs of the encounter and the unmarked vehicle are attached to this email. Legal violations XXXX of the peace under Florida XXXX XXXX secured party may take possession of collateral without judicial process only if it proceeds without breach of the peace. Entering a locked, gated parking structure without authorization is a breach of the peace under Florida law. Triggering an audible alarm that woke residents is a further disturbance. Florida courts have held that any conduct likely to provoke confrontation or disturbance defeats the self-help privilege. Unlicensed or improperly conducted recovery activity under Chapter XXXX, Florida XXXX repossession in Florida must be performed by a licensed Class " XXXX '' or " XXXX '' recovery agent operating through a licensed Class " XXXX '' or " XXXX '' agency. The tow truck was unmarked. The operator refused to identify himself and displayed no agency identification. If he was unlicensed, the repossession violates Chapter XXXX independently of the breach-of-peace analysis. Potential violations of the Fair Debt Collection Practices Act, XXXX U.S.C. XXXX ( XXXX ) .Taking or threatening to take nonjudicial action to dispossess property when there is no present right to possession including a right lost through breach of the peace is a prohibited practice. Trespass and conversion under Florida common law.Unauthorized entry onto secured private property and the taking of the vehicle following that entry give rise to civil claims independent of the repossession statutes. Demands Immediate return of the vehicle at no cost to me, including any tow, storage, or administrative fees. Written confirmation, within XXXX ( XXXX ) days of receipt of this email, of ( a ) the name and Florida license number of the recovery agency and individual agent BMW Financial Services NA , LLC authorized to perform this repossession, ( b ) the date and time BMW Financial Services NA , LLC issued the repossession order, ( c ) all communications between BMW Financial Services NA , LLC and the recovery agency concerning this account, and ( d ) the alleged basis for default. A full accounting of the account, including payment history, any notices of default issued, and any deficiency BMW Financial Services NA , LLC intends to assert. Written confirmation that BMW Financial Services NA , LLC will not report this repossession to any credit reporting agency pending resolution, and that any prior report will be withdrawn. Written confirmation that BMW Financial Services NA , LLC waives any claim to a deficiency judgment arising from this incident. Under Florida law, a secured party that breaches the peace during repossession may forfeit the right to a deficiency. Preservation of evidence This letter is formal notice to preserve all records relating to my account and the XX/XX/year> repossession, including but not limited to : the repossession order and all instructions to the recovery agency ; all contracts, invoices, and communications with the recovery agency and any subcontractors ; GPS, dispatch, and tow records ; photographs and videos taken by the agent ; payment records ; default notices ; internal communications, emails, call recordings, and call logs referencing this account on or after XX/XX/year> ; and all credit-reporting entries. The duty to preserve extends to electronic records, backups, and any third-party vendors. Failure to preserve may support a claim of spoliation. Response required Respond in writing within XXXX ( XXXX ) days of receipt. Direct all communication to XXXX. I reserve all rights and remedies available under federal and Florida law, including claims under XXXX, Chapter XXXX, the FDCPA, and common law. I have retained the evidence described above and am consulting counsel. Sincerely, XXXX XXXX Attachments : videos and still photographs of the encounter and the unmarked vehicle cc : Florida Department XXXX XXXX and XXXX XXXX XXXX XXXX XXXX ; Florida XXXX XXXX XXXX Attorney General XXXX XXXX Division This system will not allow the upload of video but there is also video evidence

Company response to consumer: Closed with explanation