Consumer complaint received 2025-11-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: BMW Financial Services NA, LLC
State: CA

Complaint narrative:
XX/XX/XXXX XXXX  XXXX XXXX XXXX XXXX. XXXX XXXX XXXXXXXX XXXX XXXXXXXX Re : New Evidence Motor Vehicle Retail Installment Contract ( BMW XXXX ) proves XXXX XXXXXXXX XXXX XXXX is Buyer, not a Personal Consumer Account XXXX  File / Confirmation No. : Consumer : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX Phone : ( XXXX ) XXXX I. Product and Problem Product : Credit reporting personal consumer credit report. 

Issue : Incorrect information and an unreasonable investigation into an existing problem ( FCRA 1681e ( b ), 1681i ). 

What is wrong : Equifax is reporting a personal consumer auto charge-off / deficiency in my name for a BMW Financial Services account related to a XXXX BMW XXXX XXXX. 

The XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) that BMW produced in response to my CFPB complaint shows XXXX XXXXXXXX XXXX XXXX as the Buyer, with no separate personal guaranty agreement in my individual name. 

My signature appears in the buyer block as an authorized signer for the LLC, not in a separate, clearly labeled Personal Guaranty, Individual Co-Buyer, or Personal Borrower section. 

BMW repossessed and sold the vehicle and now claims a deficiency, but the personal tradeline and liability coding on my XXXX  report do not match the contract structure or the post-repossession status. 

What I want : Primary request : Deletion of the BMW Financial Services tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to me personally ; or, if deletion is refused, then : Alternative : Full re-coding so the account does not appear as my personal consumer obligation, with accurate Date of First Delinquency ( DOFD ) and a correct post-repossession, fixed deficiency status instead of an ongoing delinquent installment loan in my name.

II. New Evidence from BMWs Own CFPB Response Packet I have obtained and reviewed BMW Financial Services CFPB response file, which includes : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown ( deficiency calculation ) Audit trail / e-signature record Key facts from these documents : Buyer / Contract Caption The contract header is Motor Vehicle Retail Installment Contract Texas. 

The Buyer field identifies XXXX XXXXXXXX XXXX XXXX as the buyer. 

My name, XXXX XXXX XXXX, appears in the buyer block and on the signature line, but there is no separate box, section, or rider explicitly labeling me as Individual Co-Buyer, Personal Borrower, or Personal Guarantor. 

Nature of Contract Business/LLC vs. Consumer The contract uses a consumer-style form, but the named buyer is a limited liability company ( XXXX XXXXXXXX XXXX XXXX XXXX XXXX not me personally. 

The XXXX title, registration, and notices treat XXXX XXXXXXXX XXXX XXXX as the primary owner/obligor, with me referenced only as a party with an interest or an authorized signer. 

TILA / Credit Terms ( from the XXXX ) APR : approximately 8.74 % Amount Financed : approximately $ XXXX Finance Charge : approximately $ XXXX Total of Payments : approximately $ XXXX Monthly payment : approximately {$1100.00} Delinquency and Cure The delinquency/cure documents show repeated missed payments of {$1100.00} with increasing days past due. 

An XX/XX/XXXX cure notice references account ending XXXX / XXXX BMW XXXX / XXXX ending XXXX and states that BMW may hold you and the buyer personally liable for any deficiency even though the contract never clearly separates my individual capacity from XXXX XXXXXXXX XXXX XXXX as buyer. 

Repossession, Sale, and Deficiency A XX/XX/XXXX Notice of Our Plan to Sell Property confirms repossession and a planned private sale. 

An XX/XX/XXXX Auction Breakdown letter addressed to me shows : Contractual balance at time of sale : {$66000.00} Auction proceeds : {$36000.00} Claimed deficiency : {$30000.00} BMW states it is reporting the account as unpaid balance reported as a loss and will continue to report to the consumer reporting agencies. 

This is the new evidence that directly contradicts the way the tradeline is presently being reported in my personal consumer file. 

III. Why the Tradeline is Inaccurate and Misleading Under FCRA and Metro 2 A. Misidentification of the XXXX  XXXX XXXX vs. Individual Consumer Motor Vehicle Retail Installment Sales Acts typically require a written contract identifying the retail buyer, signed by the buyer and seller, containing the full agreement and TILA disclosures. Here : BMWs own XXXX identifies XXXX XXXXXXXX XXXX XXXX as Buyer. 

There is no separate personal guaranty or clearly labeled Co-Buyer / Individual Borrower / Guarantor line for me. 

Signing on behalf of an LLC in an ambiguous buyer block does not magically convert the transaction into a clean personal consumer XXXX in my individual name. 

Nevertheless, BMW is furnishing, and XXXX  is reporting, this account as : A personal consumer auto installment loan, and A charged-off loss in my name, as if I were an individual or joint obligor. 

That is not consistent with the written contract and is therefore inaccurate and misleading. 

Under FCRA 607 ( b ), 15 U.S.C. 1681e ( b ), XXXX  must follow reasonable procedures to assure maximum possible accuracy. When documentary evidence shows a business/LLC buyer, continuing to report a personal consumer charge-off in my name fails that standard. 

Relevant case law includes : XXXX v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) A CRAs investigation must be reasonable and can not simply parrot a furnisher when evidence contradicts the furnishers position. 

XXXX v. Capital Associated Indus., Inc. , 257 F.3d 409 ( 4th Cir. 2001 ) CRAs must have reasonable procedures to assure accuracy and can not ignore conflicting information. 

B. Ambiguity of My Signature and Lack of Clear Personal Guaranty The retail installment contract is titled XXXX XXXX XXXX XXXX XXXX XXXX and lists XXXX XXXXXXXX XXXX XXXX as the buyer. My signature appears in the capacity of an authorized signer for the LLC. There is no separate, clear personal guaranty agreement in my name. 

BMWs own e-signature audit trail lists XXXX XXXXXXXX XXXX XXXX and me separately, which creates ambiguity about whether I signed purely as an LLC representative or as a personal co-borrower. Because of this ambiguity and the absence of a distinct guaranty, BMW can not show a clean, compliant consumer retail installment contract binding me personally, and XXXX  can not reasonably claim that it verified this as my personal consumer obligation under FCRA 611.

C. Status, DOFD, and Payment-History Coding If BMW insists there is a deficiency, the account is, at most, a closed, repossessed account with a fixed DOFD and a static deficiency balance. It is not an open consumer installment loan with rolling delinquencies.

Any Metro 2 coding that : Suggests an open installment account after repossession and sale, or Shows ongoing past-due amounts while also reporting the account as charged off/ loss is structurally inconsistent and misleading under FCRA 607 ( b ) and industry Metro 2 standards.

IV. Itemized Dispute Points for e-OSCAR and Reinvestigation For clarity in your automated and manual systems, I am disputing the BMW Financial Services tradeline on the following grounds : Not My Personal Obligation ( Wrong Debtor / Responsibility ) The XXXX shows XXXX XXXXXXXX XXXX XXXX as Buyer ; there is no separate personal guaranty. 

Any reporting that lists me as individual or joint borrower / co-signer on a personal consumer account is inaccurate. 

Wrong Account Type / Portfolio Type The transaction is structured in the name of an LLC, with the vehicle titled and treated as LLC property. 

Reporting this as a pure consumer installment loan in my personal name is misleading. 

Incorrect Status After Repossession and Sale Any coding that suggests an open installment account with rolling delinquencies after repossession and sale is inaccurate. 

The account is, at most, a charged-off deficiency and must be reported as such with a proper DOFD, not as a continuing delinquent consumer note in my name. 

Incomplete and Misleading Balance / Deficiency Presentation BMWs auction letter admits a deficiency of {$30000.00} ; any balance reporting inconsistent with that figure, or suggesting that I personally owe different or fluctuating amounts, is inaccurate. 

Inadequate Prior Investigation by Furnisher and CRA Prior verification failed to reconcile : The XXXX  caption and LLC buyer ; The absence of a clear personal guaranty ; The LLC-based notices and deficiency calculation with the way the tradeline appears in my personal credit file.

V. Requested Actions and Method of Verification In light of this new evidence and the legal authority above, I request that XXXX  : Delete the BMW Financial Services tradeline from my personal consumer report as inaccurate, misleading, and unverifiable as to my personal liability ; or, if deletion is refused, then : Re-code the tradeline so that I am not shown as a personal obligor ( remove any ECOA / liability coding that portrays individual or joint responsibility and remove this account from my consumer file ), and Correct any DOFD, status, and payment-history fields so they accurately reflect a closed, repossessed account with a fixed DOFD and static deficiency, not an ongoing delinquent installment loan.

In addition, under FCRA 611 ( a ), I request a Method of Verification, including : The specific contract ( s ) or guaranty that XXXX  relied upon to conclude that I am personally obligated ; The current ECOA Code, Account Type, Portfolio  Type, and DOFD that XXXX  is reporting for this account ; A description of the investigation steps taken in light of : The XXXX naming XXXX XXXXXXXX XXXX XXXX as Buyer ; and The lack of a separate, clear personal guaranty in my name. 

VI. Exhibits ( Enclosed ) Please treat the following as exhibits to this dispute : Exhibit A Personal Information Statement ( XXXX XXXX XXXX ) Copy of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) identifying XXXX XXXXXXXX XXXX XXXX as Buyer Cure / delinquency notice Repossession and sale notice ( Notice of Our Plan to Sell Property ) Auction breakdown letter ( deficiency calculation ) Any prior dispute correspondence and CFPB complaint confirmation related to this BMW account Please complete your reinvestigation within the time required by FCRA and send me written results and an updated copy of my XXXX  report reflecting all corrections or deletions. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation