July 24, 2009
To Whom It May Concern:
The complaints against BMW Financial Services and Ms. Jenny Livingston and BMW Bank of North America (Credit CardCompany).
UPDATE: AFTER I FILED A COMPLAINT AGAINST THIS COMPANY TO THE AG'S OFFICE IN OHIO, THE COMPANY PAID BACK AT ME BY CANCELLING AN AUTO-PAY OPTION WHICH WAS SET UP CONFIRMED AS LATE AS JULY 10, 2009. ON JULY 23, 2009, I CALLED THE TOLL-FREE NUMBER AND FOUND OUT THE CANCELLATION OF ITS SET-UP THAT WAS CONFIRMED ON JULY 10, 2009. THIS SHOULD COMMENCE ON JULY 25, 2009. SO I OFFERED TO SEND A CHECK BY A FEDEX OVERNIGHT MAIL; HOWEVER, I WAS TOLD NOT TO BY MS. LISA M. I WAS INFORMED THAT IT WOULD NOT BE A DEFAULT AND I WOULD NOT NEED TO MAKE A PAYMENT UNTIL THIS PERSONNEL CLALYFYS THE MATTER AND WOULD CALL ME BACK. MS. LIVINGSTON WHO IS IN CHARGE OF THE OFFICE DOES ANYTHING TO JUSTIFY ANY WRONGDOING. I INFORMED BBB TO SEND CORRESPONDANCE TO ITS HQ IN NJ; HOWEVER, THE CORRESPONDANCE WAS SENT TO ITS OHIO OFFICE. I HAVE BEEN ALWAYS TOLD SHE WAS IN CHARGE OF THE OFFICE.
WE ARE SURE BMW WOULD ACCUSE OF ME NOT MAKING A PAYMENT WHICH IS DUE ON JULY 25, 2009. BMW FINANCIAL SERVICES WOULD DO ANYTHING TO JUSTIFY ANY WRONGDOING.
BMW Financial Services (FS) raised the monthly payment after I sent the signed contract with my check which was cleared on April 30, 2009. It is our belief that someone has raised the monthly payment and lease allowance miles from 30,000 for three years to 36,000 for three years (see the 3rd contract: The prorated (?) allowance was raised to 35,035 miles.) and my initial contract was destroyed by FS intentionally.
There were numerous intimidations and threats against me during the course of communication. They refused to have me talk to the FS' other departments, such as HR or legal departments. They believe they are above the law and abuse their authority.
The person who is in charge intentionally did not enter the signed 3rd contract, even though they cleared my second check that covers through July 24, 2009.
She ordered to repossess the auto and the 80 years old woman who has a history of illness was threaten on June 28, 2009. I was not at the property.
Over the phone, FS admitted the mistake was made and
She or on behalf of her also sent a false information to the BMW bank of America and my credit card was cancelled. According to the BMA bank of America, the information was received on June 29, 2009. I asked FS to notify the bank and all other credit bureaus the correct information, but I do not think FS would do so, because of the person who is in charge of the department.
I had a preapproval for the loan to complete my Ph.D, but a series of nasty retaliations by Ms. Livingston ruins everything.
When the checks were processed on April 30, 2009 and June 23, 2009, they entered the contracts.
More Detailed Information:
I did not release it with BMW financial services (FS) till April 17, 2009, as the BMW Honolulu told me not to contact the organization in the end of February or the beginning of March, 2009. However, according to FS, the dealer had only contacted FS on April 14, 2009 since then. (The lease was extended for six months from October 25, 2009.) Because of deceptive conducts by the dealer, I decided not to return the auto to the dealership at this point.
I contacted FS on April 17, 2009 and the first set of the contract which was prepared on April 20, 2009 and I received it on April 21, 2009. After I consulted with my acquaintance over the phone and I was advised to obtain the clarification on the miles at the time of lease completion from FS.
So I contacted FS on April 24, 2009. At the time of completion of the lease, the total meter should be at 50,000, not 30,000. I asked her to mail me a clarified form.
The 2nd contract form was prepared on April 27, 2009 and I received it on April, 28, 2009.
However, the two contracts I received in April, 2009 were identical and the monthly payment was $562.84 per month. I mailed the signed contract form with the payment before the initial due date of April 30, 2009. The check was cleared on the same day.
As I had not a statement via email or by mail, I contact BMW Financial Services (FS) on May 22, 2009. I was informed to sign and send the second contract which was identical to the first one I mailed to FS. As she did not believe me and I was out of town at that time, I asked her to mail it to me. At this time, I informed her I would not sign it if anything would be changed from the 2nd set and her response was it would not. However, this was not the case.
It is our belief that she could not mail me the duplicate of the 2nd contract because she realized that the monthly payment was changed.
On June 1, 2009, as I did not received the form I requested for on May 22, 2009, I called FS and found out the lease payment was raised at the first time though they denied it.
On June 3, 2009, I could not answer calls due to an all day meeting.
On June 4, 2009, as one of the helpful persons I talked with on June 1, 2009, was on vacation, I talked to a person whose name is Ms. Brenda. As of June 1, the matter ought to be investigated. Rather, FS mailed me the 3rd sloppy contract at the raised monthly payment and received it on June 4, 2009.
Over the phone and prior to the recipient of the 3rd set on June 4, 2009, Ms. Brenda intimidated me by telling me that if they do not receive the payment by June, 9, 2009.
However, the cover letter stated that it would be June 12, 2009. I do not know why she intentionally or unintentionally lied to me. I asked her why no one contacted me while FS has my mailing address, email, and phone number(s). Her response was FS is not obligated to contact me anything and reposes the auto and report me to credit bureaus.
The cover letter was also the problem. It didn't acknowledge the payment I made and FS cleared on April 30, 2009.
FS sent me the contract which I could not sign.
During the first week of June, I made numerous calls. Most of them told me slightly different stories and I was confused. I asked them to transfer my calls to other departments, such as HR and legal departments. However, they refused to do so. I do not know any large organizations do not have HR and corporate legal departments. On June 5, 2009, I was also accused of hanging up the call on June 4, 2009. I only have two cell phones and the batteries simply drained.
I also left a message to the head of the department whose name is Ms. Jenny Livingston (may be misspelled.) However, she had never returned my calls during this period. She only called me back after Mr. Tim Brown of NJ at 201-263-8219 contacted her on June 19.2009.
On June 5, 2009, I received two set of written statements. However, FS has neither acknowledged the mistakes nor provided me explanations why no one contacted me till I contacted FS till May 22, 2009.
On June 13, 2009, no one at FS believed me that the first two sets were identical and the monthly payment would be $562.84, I made the copy and sent them by certified mail.
However, according to FS, they were received on June 17, 2009 and the signed page was missing. One page might have been attached to other page or something happened. But the page was somewhat missing. How convenient it was!
On June 18, 2009, I realized that the label was not an overnight delivery form. So I contacted a nearby FedEx office and I found out it would not be delivered on June 19, 2009. If I mailed it on June 18, 2009, it would not be received by FS till June 22, 2009. If I mailed it on June 19, 2009, it would not received by June 23, 2009.
So I mailed the fax notice to explain the situation on this day.
My meeting with an attorney lasted longer than I expected and I was not mailed it on this day even if I wished to do so. More importantly, I was advised not to sign and mail the form until I clarify the certain things. The attorney had not been able to come to town till June 18, 2009 since I contacted him on June 7, 2009.
As I stated earlier, the 3rd cover letter did not acknowledged the payment I made. As well, the 3rd contract form was extremely sloppy, compared to the 1st and 2nd sets and the original contract form of 2006 and the allowance miles were strangely changed from 30,000 to 35,034.
On June 19, 2009, Ms. Livingston refused to talk to me even after her meeting. It was only after Mr. Brown contacted her. She refused to extend the lease.
She accused me of not taking an action till June 18, 2009. So I asked her what FS had done between 4/30/09 and 06/02/09 and why had not sent me a raised amount contract form till June 2, 2009.
She also accused me of the same contract, again. She was referring to the copy of the 1st and 2nd sets I mailed by certified mail on June 13, 2009. She told me the forms were received on June 17, 2009. I explained those were copies to let FS know both the 1st and 2nd sets were identical and I did not make up the story. Then, she told me that the initial contract was not good, as it was not properly signed. I asked her to fax me the one she has had. She said she would. Then, she realized she misspoke herself. She told me to move on. I had the copy in front of me. At this time, I noticed FS destroyed the first contract FS received on April 30, 2009. I asked her why FS had have cashed the check if the contract had been not good? She basically told me to move on.
I told her the label I received from FS was a 2-day delivery form. I gave her the tracking number and the form and payment due date was extended to June 23, 2009.
I also talked to another people at FS before and after talking to Ms. Livingston. The cover letter did not recognize the payment. As well, there were so many blanks which were not filled in. I was told to
I thought sooner is better, so I decided to mail it by express mail. I did not ask FS to reimburse the cost.
On June 22, 2009, I sent a fax memo twice (one of them was a toll-free number) to inform her and her staff that I have mailed it by USPS and provided FS its tracking number.
The signed form and payment were delivered to the company on June 22, 2009.
On June 23, 2009, I sent them another fax memo twice (one of them was a toll-free number) with a copy of USPS Express mail label, again.
FS processed the check and cleared on June 25, 2009.
In the evening on June 28, 2009, someone went to reposes the auto and harassed an 80 years woman who spoke little English and has a history of serious illness, despite the fact FS received the signed form and the payment on June 22, 2009 and processed the check on June 23, 2009.
On June 29, 2009, I called the FS and a person whose name is Gregg told me nothing was received. In addition, I was accused of not using the label that was provided by them. I explained him the label I had received was a 2-day delivery, unlike the first two that I received in April, 2009. He implied that I was lying. I did not lie. I still have it with me.
I called FS, again, and I talked to a person whose name is Mike. He told me FS acknowledged the recipient, but the paper works FS entered into the system were the copy of the 1st and 2nd sets of documents I sent by certified mail on June 13, 2009.
It is our belief that Ms. Livingston or someone under her direction did not enter the 3rd contract form with the payment.
On July 1, 2009, I talked to Ms. Kelly K of FS and found out that I would be required to sign and return the 5th form. Unlike the previous one, this was like the 1st and 2nd sets.
On July 9, 2009, I received a letter from the BMW Bank of North America to notify me to cancel my credit card, as a result of charge off or repossession.
It is out belief that she or on behalf of her also sent false information to the BMW bank of America and my credit card was cancelled. I notified to her a new tracking number on June 22, 2009, FS received the signed contract and payment one day earlier than the agreed due date of June 23, 2003, and FS processed the check on June 23, 2009.
She intentionally did not enter the information in the system.
According to the BMW bank of America, the information was received on June 29, 2009. I asked FS to notify the bank and all other credit bureaus the correct information, but I do not think FS would do so, because of Ms. Livingston who is in charge of the department.
On July 10, 2009, I received a call from Ms. Kelly K who was one of few people who had assisted me and asked her to write a letter and received a fax memo. It was not good enough to fix the credit reports as a result of the false notice which was sent by Ms. Livingston or someone on her behalf. Later on, I was advised to have FS send the correct information to the bank and credit bureaus. I also confirmed an auto-payment option was set up and the monthly payment would be deducted from one of my checking accounts on the 25th of every month and the option should have commenced on July 25, 2009.
On July 11, 2009, I sent a fax memo to Ms. Kelly Kirchner to assist me by doing the right thing. However, Ms. Livingston is her boss and we do not believe the department head would allow any of her staff to correct the information which had been sent to the bank and consecutively or simultaneously to credit bureaus.
On July 20, 2009, a fax memo was sent to Ms. Kelly Kirchner, as I have not received a monthly statement via email or mail. I asked her to send me a statement to my e-fax number or email address.
On July 23, 2009, AS I HAD NOT RECEIVED ANYTING FROM MS. KIRCHNER, I CONTACTED ITS TOLL-FREE NUMBER AND FOUND OUT THE CANCELLATION OF ITS SET-UP WHICH SHOULD COMMENCE ON JULY 25, 2009.
SO I OFFERED TO SEND A CHECK BY A FEDEX OVERNIGHT MAIL; HOWEVER, I WAS TOLD NOT TO. OBVIOUSLY, THIS COMPANY WANTS TO DO ANYTHING TO JUSTIFY ANY WRONGDOING.
THIS IS RETALIATION AGAINS ME FOR FILING A COMPLAINT AGAINST THIS COMPANY TO THE AG'S OFFICE IN OHIO, THE COMPANY PAID BACK AT ME BY CANCELLING AN AUTO-PAY OPTION WHICH WAS SET UP CONFIRMED AS LATE AS JULY 10, 2009. ON JULY 23, 2009, I CALLED THE TOLL-FREE NUMBER AND FOUND OUT THE CANCELLATION OF ITS SET-UP WHICH SHOULD COMMENCE ON JULY 25, 2009. SO I OFFERED TO SEND A CHECK BY A FEDEX OVERNIGHT MAIL; HOWEVER, I WAS TOLD NOT TO. SHE WANTS TO DO ANYTHING TO JUSTIFY ANY WRONGDOING. I INFORMED BBB TO SEND ANY TO ITS HQ IN NJ; HOWEVER, THE CORRESPONDANCE WAS SENT TO ITS OHIO OFFICE. I HAVE BEEN ALWAYS TOLD SHE WAS IN CHARGE OF THE OFFICE.
What FS had done to me intentionally and unintentionally over and over should not be allowed. I could not take a couple of contract assignments which I would be able to earn up to $800 per day last month. They would last the total of 4 to 5 days. The assignments would require me a lot of concentration and peace of mind, so I could not take them while I had been a subject to harassments, intimidations, threats, and abuses.
Ms. Livingston and most of other stuff mad my life a living hell and I have been mentally and physically drained.
I have to devote a lot of time to contact FS in Ohio, affiliate offices in NJ (201 number), and other agencies, and organize documents, and write the letter to your office, and I have spent money to purchase, otherwise unnecessary, inks, paper, stamps, and so forth.
It is out belief that Ms. Livingston would abuse her position and authority to make my life more difficult every possible way. It is my belief the person like her should not have or remain the position she has had.
In addition to the difference in the monthly payments, all the cost incurred and to be incurred should be reimbursed. With an exception of the 1st contract, I signed the documents because what FS has said and done to me and the 80 years old woman who speaks little English and has a history of serious illness. She is still scared extremely.
FS could not answer any of my questions or refused to answer the questions. As they keep lying to me, each staff told me slightly different stories.
If I were a Caucasian Male, they would have never treated me a piece of dirt, like I am going through.
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