• Report: #1101281

Complaint Review: BMW Financial Services

  • Submitted: Thu, November 21, 2013
  • Updated: Thu, November 21, 2013

  • Reported By: John B — Cypress Texas
BMW Financial Services
5550 Britton Parkway Hilliard, Ohio USA

BMW Financial Services Failure to honor settlement; Heavy-Handed Collection Tactics; Collection calls before 7am and after 9pm Hilliard Ohio

*Consumer Comment: Comments

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The entire Lease-End process has been a complete nightmare, (unprofessionalism, disrespect, lack of integrity, absence of decent and ethical behavior and blatant disregard for Federal Law).  Not to mention a complete and total lack of customer service or appreciation for the preceding nine years of loyalty to the brand.  It surely seemed that since I chose not to renew a lease with BMW, I was going through a “divorce” and anything but an amicable one at that.  From the initial disposition & inspection of 10/26/12 to date, the rudeness, arrogance, misrepresentation and incompetence has been rampant. 

The Final Account Statements have been a “moving target” with changes in the amount due, (always increasing), occurring on at least three different dates.  Regardless, I promptly paid $4,338.66 for charges I was in agreement with and could understand.  I also desired to display “good faith” that I was not trying to ignore the debt.  I stayed in constant communication with BMWFS, “begging” for an accurate Final Bill so I could pay the balance.  All the while, I’m receiving collection calls at my office, after I requested they cease.  I asked on several occasions, via telephone & email, that I be contacted on my cell, NOT on my office line.  I explained that any call to my office would result in voice mail since I travel extensively and am rarely in the office.  Nonetheless, the calls to my office continued for over five months.  I also received several collections calls on Sundays before 7am and during several evenings after 9pm; which I believe is in complete violation of Federal Law. 

I returned every call only to be treated rudely and with contempt.  The only thing the representatives cared about was collecting, what they showed, to be the full amount due.  I never received answers to my many inquiries to justify or explain the charges being billed.  Finally, during April of 2013, it was mutually agreed upon that I pay an additional $1,303.57 of the $2,328.57 remaining balance to settle the account.  

As of April 8, 2013 I paid to BMWFS a total sum of $5,642.23, leaving $1,025.00 in dispute.  The collection calls stopped immediately, as did the collection letters so I had complete belief the matter was, in fact, resolved and closed.  That is, until September 9, 2013 when I once again started receiving collection calls demanding the $1,025.00.  I’ve spoken with both the Collection Agency and BMWFS explaining what I’ve outlined in this correspondence, that I had a verbal agreement to settle the account with payment of $1,303.57 during April.  The only response was “there is no record or documentation” to support “your claim”.  So, to add insult to injury, now BMWFS will not honor their commitment/agreement and has turned the matter over to an outside collection agency, which has most likely damaged my credit.

I have respectfully asked BMWFS to honor the agreement made earlier this year and consider this account closed and matter fully resolved.  I have asked that the collection calls cease.  I have also respectfully asked BMWFS to remove any and all derogatory and negative reporting related to this matter from all three credit bureaus.  All requests have been refused with continued demand for the full balance due.


This report was posted on Ripoff Report on 11/21/2013 03:04 PM and is a permanent record located here: http://www.ripoffreport.com/r/BMW-Financial-Services/Hilliard-Ohio-77429/BMW-Financial-Services-Failure-to-honor-settlement-Heavy-Handed-Collection-Tactics-Coll-1101281. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Comments

AUTHOR: Robert - ()

 Let's first talk about the calls.  They are considered an original creditor and unlike Collection Agencies do not have to follow the Fair Debt Collection Practices Act.  So they can effectivly call you at any time..even if you request that they don't.   Now, if this is a collection agency they must abide by the FDCPA.  Which while it doesn't have restrictions on the days(so yes they can call on Sunday) it does on the time.  But if you do want them to stop calling you must send them a Certified Letter stating you do not want them to contact you by phone.

You NEVER talk to them over the phone or e-mail.  ALL of your communications MUST be through the mail.  Anything you send them should be sent Certified Mail with Return Receipt.  If you make a "settlement" you do not pay them a single dime until you get a copy of the settlement in writing.

Without something in writing you have zero proof that an agreement was made.  So unless you can dispute it with the Collection Agency it sounds like it was a legitimate debt and you probably owe it.  

Now, if you do settle with them realize that YOU are still responsible for paying taxes on the settled amount(the amount you didn't have to pay).  This is because the IRS treats the amount that they are not requiring you to pay is considered unearned income.  If this amount is over $600 they can and will report it to the IRS on a 1099.  Meaning if you do not declare it and pay taxes on it the IRS can come after you for additional taxes and penalties.  I tell you this because very rarely will a company tell you this little bit of information.  But if you don't believe me you can of course consult a tax attorney or accountant.

 

 

 

 

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