Consumer complaint received 2025-04-08 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: Mercedes Benz Financial Services
State: GA

Complaint narrative:
On XX/XX/XXXX, at XXXX was my initial contact via email with XXXX XXXX XXXX the General Counsel of XXXX XXXX XXXX 

On XX/XX/XXXX, XXXX I emailed XXXX and opened a Service Request : XXXX - and I uploaded these documents " AFFIDAVIT OF COMMON LAW NAME CHANGE '' & " XXXXXXXX XXXX NOTICE OF SUBROGATION/EXONERATION '' I sent this communication : This is actual and constructive notice by the implied XXXX  XXXX, XXXX XXXX for the principal debtor XXXX XXXX XXXX XXXX XXXX This notice is the XXXX XXXX right to control the judgement before or after by parol. I am not an enemy or an ally of one and this notice is in reference to Mercedes Benz Financial Principals, Agents, Successors and/or Assigns of my notice of subrogation/exoneration of the contract/security/fungible asset that MBFS has a security interest in see Exhibit B of the 2nd page of the contract. 

Under Georgia Law where the consummation of the contract took place, i.e., situs constitutes the authority not only of the law of the contract and under Georgia law citing XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX which clearly states that the bank is. not the holder in due course under Georgia law. 

In that this Notice of Subrogation is hereby granted by the operation of law and the law of XXXXship. 

Based on the subrogation/exoneration that is granted to the XXXX The XXXX 's credit reports shall be corrected IMMEDIATELY as PAID IN FULL and remove all lates. Concerning the extended time of the contract that puts the XXXX  at risk and discharges the XXXX  by operation of law The undersigned XXXX  sends this notice of subrogation in good faith and equity expressing grace to all volunteers in equity. 

This notice is being sent to all principal agents, successors and/or assigns of the security/contract/fungible asset on the certificate of service mainly the Clerk of The Superior Court of XXXX XXXX of the XXXX 's right to control the judgement before or after O.C.G.A 10-7-54, O.C.G.A 10-7-45, O.C.G.A 10-7-46 O.C.G.A 10-7-47 O.C.G.A 10-7-48 O.C.G.A 10-7-49 O.C.G.A 10-7-50 O.C.G.A 10-7-51 O.C.G.A 10-7-52 O.C.G.A 10-7-53 O.C.G.A 10-7-56 O.C.G.A 10-7-57 As XXXX, I am demanding immediate release of the lien in writing and to the DMV electronically, correction of any and all erroneous billing to XXXX 's credit report under 15 USC 1666 b within 72 hours of receipt of this communication via email and certified restricted delivery. 

Regards, XXXX, XXXX XXXX ( XXXX ) Mailing address : XXXX XXXX XXXX XXXX GA XXXX I did not receive any follow up from XXXX XXXX or the consumer support legal team. The vehicle was placed on the repossession list and The XXXX 's credit report was still showing late payments and repossession. 

On XX/XX/XXXX, XXXX I emailed a NOTICE OF SUBROGATION ( see. below ) to : XXXX XXXX, ( XXXX XXXX Counsel ) XXXX XXXX, ( Car dealership where contract was created ) XXXX XXXX, ( Investigator assigned to repossess the vehicle ) XXXX XXXX, ( General Counsel for XXXX ) XXXX XXXX, ( GA XXXX of XXXX for XXXX ) XXXX. " XXXX '' XXXX, ( XXXX and XXXX XXXX account manager ) XXXX XXXX, ( General counsel for XXXX XXXX XXXX XXXX, ( General counsel for XXXX ) XXXX XXXX. ( Account manager for XXXX and XXXX ) THIS IS A NOTICE NOTICE OF SUBROGATION & XXXX  RIGHTS TO CREDITOR SECURITIES BY PAROL Notice to agent is notice to principal* Notice to principal is Notice to agent APPLICABLE TO ALL SUCCESSORS AND/OR ASSIGNS Subject : Notice of Subrogation and XXXX  's Rights - Urgent Attention Required Dear XXXX XXXX XXXX, XXXX al I hope this email finds you well. My name is XXXX, and I am writing to you in my capacity as a XXXX. I am bringing to your attention certain matters regarding the XXXX  and subrogation rights under O.C.G.A. 10-7-45.

As you are well aware, a XXXX  is not obliged by operation of law to wait for the principal debtor to bring suit but is entitled to come into a court of equity after a debt has become due. I am asserting my right to control the judgment before or after trial, as stipulated under O.C.G.A. 10-7-45.

I want to emphasize that, as a XXXX, I am entitled to be subrogated to the rights of the creditor 's securities by operation of law. I trust that, as the General Counsel of Mercedes-Benz Financial Services , you are competent to understand that a XXXX  is entitled to the benefit of every security for the performance of the principal obligation held by the creditor or by a co-XXXX  at the time of entering into the contract, including security/accounts receivable. 

Furthermore, based on the contract of XXXX  acquired, I, as the XXXX, am entitled to have the property of the principal first applied to the discharge of the obligation, as outlined in O.C.G.A. 10-7-57 Right of XXXX who has not paid debt to judicial protection of right of subrogation to creditor 's securities, 160 A.L.R. 421.

I have attached a detailed notice outlining these matters, and I kindly request your prompt attention and response within seven days via email, certified US mail, fax, or telephonically. If no response is received within this timeframe, it will be considered accepted and discharged in equity and at law, in accordance with the principles of XXXX and the hypothecation of the contract/security.

Please be advised that any self-help repossessions should be bonded ( replevin ) for three times the amount of ( {$100000.00} ) the subrogee 's property, as per legal requirements. Based on the fact of the matter that all agents, successors and/or assigns are considered constructive intermeddlers in equity i.e., volunteers in line with the equitable maxim `` Equity will not aid a Volunteer. '' O.C.G.A. 23-1-13. MBFS is directed to correct the credit profile at XXXX and XXXX, XXXX, XXXX, XXXX with the subrogation of this account, effective immediately upon receipt of this email communication. ( See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX XXXX XXXXXXXX ) that explicitly says that a bank is not the holder in due course. That is the XXXX  's notice and request to put up the replevin bond for 3 times the value of the vehicle or I have been injured by intermeddlers in equity and the XXXX  will have grounds for unjust enrichment, restitution and reimbursement for any and all injuries sustained by all intermeddlers based on Fraud in the factum/inducement. 

This email serves as a formal notice to you, and I expect your cooperation in resolving these matters amicably. I have attached my contact information for your convenience. I have noticed The Georgia Secretary of State Securities Division if MBFS agents, successors and/or assigns feels that my position as XXXX  is in error. The extension of time concerning the 72 months of the security/contract in question by operation of law exonerates the XXXX  by increased risk. See O.C.G.A 10-7-22 DISCHARGE OF XXXX  BY INCREASE OF RISK. 

XXXX XXXX XXXX XXXX XXXX XXXX Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison. 

Respectfully submitted XXXX XXXX XXXX XXXX BY : XXXX XXXXXXXX, ( XXXX. ) - XXXX XXXX XXXX XXXX XXXX XXXX, GEORGIA XXXX XXXX : XXXX I have received NO follow up from XXXX XXXX XXXX XXXX all 3 credit reports agencies refused to respond and are still sowing as repossession and charge off totals. 


On XX/XX/XXXX at XXXX I have emailed a " THE XXXX 'S NOTICE OF RESCISSION AND RELEASE OF GUARANTY '' AND " REVOCATION OF POWER OF ATTORNEY '' XXXX XXXX, ( XXXX XXXX XXXX ) XXXX XXXX, ( Car dealership where contract was created ) XXXX XXXX, ( Investigator assigned to repossess the vehicle ) XXXX XXXX, ( General Counsel for XXXX ) XXXX XXXX, ( GA XXXX of XXXX for complaints XXXX XXXX XXXX, ( General counsel for XXXX ) XXXX XXXX, XXXX General counsel for XXXX ) XXXX. FLORIDA XXXX XXXX XXXX XXXX XXXX has acquiesced to all prior communications by refusing to respond yet is actively pursuing the repossession of the vehicle. 

Please find a copy of the " THE XXXX 'S NOTICE OF RESCISSION AND RELEASE OF GUARANTY '' AND " REVOCATION OF POWER OF ATTORNEY ''

Company response to consumer: Closed with explanation