Auto Art

Dear Mr. [redacted]:   Thank you for contacting BMW Financial Services regarding how we have reported your payment history to the credit reporting agencies. We hope the following information and explanation will answer the request addressed in your emails.   Mr. [redacted], the police report attached to your complaint states you had a previous BMW FS account which was legitimate. The vehicle financed by your previous account was a 2003 BMW 745i with a Vehicle Identification Number of [redacted]. The Retail Installment Contract (Contract) for your 2008 BMW 750Li with VIN ending in [redacted] was traded in as part of the financing. In other words, the vehicle you admit to financing was traded in as part of the financing you allege you did not establish.   Your complaint states the address on the Contract provided to you is incorrect. The [redacted] address shown on the Contract matches the address provided on your driver’s license furnished at Contract inception. Although it does not match the address on the driver’s license you provided to us with your completed Affidavit, the driver’s license you provided with the completed Affidavit has the same license number as the driver’s license provided at Contract inception.   We can confirm your above referenced account was paid in full and closed on August 2, 2015. You have no further financial obligation with BMW Financial Services. However, we have reviewed the completed Affidavit and supporting documentation you submitted and our response to your previous correspondence on this subject remains unchanged. Your correspondence does not provide sufficient justification to change the way we are reporting your payment history to the credit reporting agencies.     If you have any questions, please contact a Customer Service Advocate at ###-###-####, Monday through Thursday, from 9:00 a.m. to 9:00 p.m. ET, Friday from 9:00 a.m. to 6:00 p.m. ET, or by mail at either address listed on this letter.   Yours sincerely,  Michael G[redacted] Credit Dispute Specialist BMW Financial Services

BMW has acceped partial payments during he months of June and July.  When someone says to you that they are layed off from their job during the summer and will have the ability to pay you in full by August and accept those payments, than that is a demonstration that you are in agreement with those terms and conditions. BMW Financial were deceptive by stating in their previous respose letter that they stated that partial payments were not acceptable.  They were also deceptive by not warning me of the possibiity of repossession of my vehicle.  If you were to listen to the recordings of our conversations, you will hear that at no time did BMW warn me of repossession, and at not time did BMW state that my partial payments were unacceptable.

Thank you for giving us the opportunity to address the communication issue and the end of the lease process on your above referenced account through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your...

complaint.
 
Ms. [redacted], we can confirm the email dated November 19, 2014 was issued as a result of a clerical error. We apologize for any inconvenience this clerical error may have caused. However, the error or the early termination of your Motor Vehicle Lease Agreement (Lease) does not negate the total number of payments under the terms of your Lease. The maturity date for your referenced account was March 30, 2015, which was to be after the remittance of 36 monthly payments. Our records indicate your leased vehicle was returned on December 10, 2014. At that time, 33 monthly payments had been made. We have enclosed a copy of your Lease for your quick reference.
 
Our records show a final billing for your account was issued on January 15, 2015. Because of the unpaid balance, you were placed in our automated telephone dialer system on February 7, 2015. Our records indicate we attempted communication on February 12, 2015, and you declined to be transferred to one of our representatives. Since our contact attempts were unsuccessful, on March 17, 2015 we issued a final demand notice to you and on April 6, 2015 your account was placed with Vital Solutions.
 
Your account confirms you spoke with a representative on March 27, 2015 and our representative referred you to your retailer to discuss payments given to them. We spoke with you again on April 8, 2015 and received the email referenced in your complaint. We apologize our representative did not contact you again.
 
As you know we received a payment of $488.94 on January 15, 2015 and a payment of $244.47 on April 7, 2015, both from MINI of Des Moines. These payments total $733.41, the equivalent of three base payments. Unfortunately, to date the balance of your account reflects amounts billed for excess wear and tear charges and the contractual disposition fee. You were also given a credit against your end of lease charges since you did not fully utilize the excess miles you purchased, bringing your total balance outstanding to $569.39.
 
MINI of Des Moines did not complete a final inspection on your vehicle. As such, your vehicle was inspected by a licensed inspector at Manheim Milwaukee. We have enclosed a copy of the inspection report for your review. Because the inspection revealed damage to the left tail lamp and windshield, excess wear and tear charges were billed in accordance with your Lease.
 
The disposition fee is a typical fee, to compensate MINI Financial Services for the administrative costs and expenses incurred in disposing of or selling the vehicle. This fee is disclosed in Section 7 “Other Charges” and further discussed in sections 32 and 33 of your Lease.
 
Ms. [redacted], MINI Financial Services prides itself in offering premium customer service and we are sorry we did not deliver that level of service to you during your end of lease experience. While we are unable to honor your request to refund any payments, we are happy to remove the contractual disposition fee from your balance. After this final adjustment, the balance to close your account is $201.89. We have enclosed an updated statement for your records.
 
We are committed to providing our customers with the highest level of service. If you have any questions, please contact us at (800) 398-3939, Monday through Friday, from 9:00 a.m. to 9:00 p.m. ET, or by mail at either address listed on this letter.

Thank you for providing us the opportunity to address your concerns regarding the mechanical charge appearing on your maturity statement through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your...

complaint.   Mr. [redacted], while your complaint mentions attachments, they were not provided to us with your comments.   As established in Section 31 of your Motor Vehicle Lease Agreement (Lease), upon return of the vehicle, you agreed to sign an odometer disclosure statement and vehicle inspection report. The odometer disclosure statement and vehicle inspection report are used to determine any excess wear and use and/or excess mileage at the time your vehicle is returned. Since an inspection was not performed before turn in, we must rely on the inspection performed by AutoVIN, a third party inspection company on May 27, 2016.   We understand your vehicle came with both a warranty and a maintenance plan; however you were responsible for properly servicing the vehicle in accordance with the terms of your Lease. You were billed the maintenance charge because you failed to have the required service performed prior to returning your vehicle.   Although we are unable to accommodate your request to remove the mechanical charge assessed in accordance with the terms of your Lease, as a gesture of appreciation for your previous loyalty and future business, we are happy to waive half of the charge.   We are committed to providing you with the highest level of service. If you have any questions, please contact us at (800) 398-3939, Monday through Friday, from 9:00 a.m. to 9:00pm p.m. ET, or by mail at either address listed on this letter. Yours sincerely,     Brice S[redacted] Early End of Term Specialist BMW Financial Services NA, LLC

Consumer sent copy of letter to BMW and miscellaneous documentation.

Complaint: [redacted]
I am rejecting this response because: I canceled the payments for I was told by an employee of this MINI that I would not get the money back if I paid it and it was settled.  A matter such as this should have never taken over 30 days.  I have spoken with my Insurance company and they agree that MINI dropped the ball on this and it should have been resolved sooner.  they took 14 days to respond initially. the insurance company has no record of MINI contacting them any earlier then the 17th when the Insurance company had to physically call them.  MINI claims they sent a follow email on the 4th that doesnt exsist or was never received/sent. The car insurance company was in possession of the car and a quote for the car was made then without that last payment and then MINI came after me for it when it was in the final settlement.  Double dipping into a repeat customer (NO LONGER).  MINI knew I had already bought a new car but as they state in their reply loyalty doesnt matter! stating I dont matter nor do any of their customers.   I am still waiting for them to do the right thing and take this off my credit report for they received the money they asked for when I received the final bill after it was all settled which is what I was waiting for.  I reported this to the Revdex.com so everyone can read how difficult and uncompassionate this company is towards their customers (repeat at that).

Dear Mr. [redacted]:   Thank you for giving us the opportunity to address your concerns regarding the unused mileage on your leased vehicle through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your complaint....

  As a loyalty incentive, BMW Financial Services offers an unused mileage loyalty credit program. The unused mileage loyalty credit program is available as long as the vehicle is being returned is at least ten percent under the total allowed mileage. Given that this is a loyalty offer, a new account must be active within six months of the low mileage lease return. Once the details of the financing agreement are received by BMW Financial Services, there is a one-time credit applied to the new account.  We show your vehicle was returned with an odometer reading of 27,288 miles and your Motor Vehicle Lease Agreement allowed for a final odometer reading of 30,073. This works out to 9.26% unused. This would mean that you do not meet the requirements of this program to qualify for an unused mileage payment credit. However, our records indicate you were advised you would qualify for a $200.00 unused mileage loyalty credit. Because of this, we have made a one-time exception and provided a credit in the amount of $200.00 to your 2017 BMW i3 Rex account. We hope this resolution is satisfactory.   We are committed to providing you with the highest level of service. If you have any questions, please contact us at ###-###-####, Monday through Thursday, from 9:00 a.m. to 9:00 p.m. ET, and Friday, from 9:00 a.m. to 6:00 p.m. ET. Yours sincerely,   Erin B[redacted] Maturities Specialist BMW Financial Services NA, LLC

Dear Mr. [redacted]:
 
Thank you for giving us another opportunity to address your issue regarding the sales tax for your above referenced account through the Revdex.com complaint process. We regret our previous response did not fully address your concerns, and hope the following information and explanation will answer the issue addressed in your complaint.
 
Mr. [redacted] your most recent response states you are not renting the vehicle to others, and confirms you are renting the vehicle from BMW Financial Services. Additionally, you state you leased your vehicle in New York and not in Arizona. Since you moved from New York to Arizona, and even though your Lease originated in New York, the above referenced Lease is subject to Arizona taxing regulations.
 
You paid upfront New York sales tax as part of this lease. Your payment of $1,744.52 for upfront sales tax was capitalized into your Lease and became a portion of the base lease payment of $505.88. As you stated, you moved to Arizona, where you registered your leased vehicle, five months into your Lease.
 
Unfortunately, the state of New York will not provide a refund for the sales tax originally paid. The state specifically addresses this situation in NY Publication 839. The only case in which a lessee is eligible for a sales tax refund on a motor vehicle lease is if the vehicle is declared a lemon under New Car/ Used Car Lemon Laws and the manufacturer refunds the capitalized cost of the vehicle to the lessee.
 
BMW Financial Services as the owner of the vehicle is required to remit sales tax to the state of Arizona on the lease payments we collect once our property moves into this state, without credit for sales tax paid to a previous state. The state addresses that situation in Arizona Publication 606 which specifically states: “Arizona does not allow a rental business to take a deduction or credit for taxes paid in another state on a lease or rental of tangible personal property”.
 
We are required to pay sales tax to the state of Arizona on the lease payments we collect. We file a monthly sales tax return to Arizona where we report and pay all the sales tax for the month on our leases in this state. The lessor, BMW Financial Services, seeks reimbursement for this tax from the lessee, you, under Section 24 of the Lease in which you agreed to pay all official fees and taxes assessed by government authorities in connection with the Lease. Accordingly, BMW Financial Services has added a monthly amount of $40.22 for sales/use tax to be remitted by you.
 
We can appreciate your stance and rejection of our previous response, however, our decision remains unchanged.
 
Yours sincerely,
 
 
 
Kyle C.
Senior Account Specialist
BMW Financial Services NA, LLC

I am unable to obtain title because I gave [redacted] the title in order to sell the vehicle

I called BMW Financial Services a total of 5 times to correct this issue.  They told me that they could not correct this issue and that I would have to work with the post office.  I should not have had to file a complaint with the Revdex.com to get this resolved.  I reviewed the response made by the business in reference to complaint ID [redacted].I consider the issue closed.Regards,  [redacted]

Dear Ms. [redacted]:   Thank you for allowing MINI Financial Services the opportunity to respond to your recent complaint submitted through the Revdex.com regarding your outstanding property tax. We hope the following information and explanation will assist you.   First, MINI...

Financial Services is an independent business entity that offers indirect financing to MINI dealerships, and as such, we purchased the Motor Vehicle Lease Agreement (Lease Agreement) you signed after you negotiated its terms with MINI of Knoxville. Additionally, MINI Financial Services can only respond to inquiries regarding either your Lease Agreement or your account with us.   Ms. [redacted], your Lease Agreement and application for title and registration both reflect your North Carolina address. Your Texas address was provided to MINI Financial Services on May 9, 2014, after the establishment of your Lease Agreement. MINI Financial Services mailed the Texas Personal Use Affidavit to your Texas address on February 24, 2015 and again on March 24, 2015. The March 24, 2015 affidavit was sent certified mail tracking number [redacted] and was confirmed as delivered at your address on April 7, 2015 with a due date of April 30, 2015.   The affidavit you previously provided to MINI Financial Services is not dated and therefore is not valid. If you have a notarized Texas Personal Use Affidavit dated prior to May 1, 2015, please provide us with this documentation and we would be happy to research your claim. At this time your outstanding property tax billing of $798.17 is not being reported to the credit reporting agencies. However, your balance was billed in accordance with your Lease Agreement and is valid.   If you have any questions, please contact me, Paul I[redacted] at ###-###-####, Monday through Friday, from 9:00 a.m. to 5:30 p.m. ET, or by mail at either address listed on this letter. Yours sincerely, Paul I[redacted] Senior Account Specialist MINI Financial Services

Dear Ms. [redacted]:   Thank you for giving us the opportunity to address how we have reported your payment history through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your complaint.   In an effort to...

resolve your request, we researched your account and verified your account was reported 30-59 days past due on one occasion. The payment due December 30, 2017 was received 34 days past due on February 2, 2018.   Payments are reported as delinquent if they are received 30 or more days past their intended due date. As a Data Furnisher, we are required to report payment histories pursuant to guidelines provided by the Consumer Data Industry Association for Metro II Credit Reporting. Under these guidelines, an account is considered “Current” only if it is 0-29 days past due from the payment due date.  Ms. [redacted], your complaint advises you received no contact from BMW Financial Services prior to your December 2017 becoming delinquent. Our records show that account alerts were sent by email on January 4, 2018 and January 24, 2018 to contact us regarding the past due balance. In addition, numerous telephone calls were placed to speak with you directly between January 4, 2018 and January 29, 2018, when you spoke with one of our representatives. These efforts to contact you were done as a courtesy and contacting you directly is not required by BMW Financial Services prior to reporting your account to the consumer reporting agencies.  It is your sole responsibility to ensure timely payments are made in accordance with your financing agreement.   Unfortunately, your correspondence does not provide sufficient justification to change the way we are reporting your payment history to the consumer reporting agencies under the guidelines and regulations we are required to follow as a Data Furnisher. As a result of your dispute, we will be providing an update to the consumer reporting agencies to reflect the results of our investigation.   We are committed to providing the highest level of service. If you have any questions, please contact a Customer Service Advocate at (800) 578-5000, Monday through Thursday, from 9:00 a.m. to 9:00 p.m. ET, or Friday, from 9:00 a.m. to 6:00 p.m. ET or by mail at either address listed on this letter.   Yours sincerely,    Michael G[redacted] Credit Dispute Specialist BMW Financial Services NA, LLC

Hi, could not respond sooner. I maintain that this is inaccurate. BMW FS needs to count the number of payments I made on this lease. It was a 36+1 month lease and I made 37 payments. I am outside the country and cannot call Paul I[redacted] at BMW FS. Can Revdex.com relay this to him or can we get an email from him so I can email him directly. Thank you,

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.

Dear Ms. [redacted]:   Thank you for allowing BMW Financial Services the opportunity to respond to your recent complaint submitted through the Revdex.com regarding how we have reported your payment history to the credit reporting agencies. We hope the following information and...

explanation will assist you.   In an effort to resolve your request, we researched your account and verified two payments were received 30-59 days past due. The payment due October 26, 2015 was received 30 days past due on November 25, 2015 and the payment due December 26, 2015 was received 32 days past due on January 27, 2016.   Ms. [redacted], we have no record of your account being enrolled in automated payments through EasyPay or of advising your account was enrolled in EasyPay. We also confirmed the “EasyPay Review” and “EasyPay Acceptance” pages have not been accessed through your My BMW online account.   Our records indicate the payment posted November 14, 2015 was returned with a bank reason of “Account Closed”. A replacement payment was not received until your account was 30 days past due on November 25, 2015. Regarding your January 2016 delinquency, your payment posted January 26, 2016 was returned with a bank reason of “No Account / Unable to Locate Account” and a replacement payment was posted January 27, 2016. Had your January 26, 2016 payment successfully posted your account would still have been reported as delinquent. Unfortunately, your correspondence does not provide sufficient justification to change the way we are reporting your payment history to the credit reporting agencies under the guidelines and regulations we are required to follow as a Data Furnisher.   As a financial services provider we are required to report payment histories pursuant to established guidelines. Because we have no evidence indicating our reporting of your account is not accurate, we are unable to accommodate your request to remove any delinquencies from your credit report.   If you have any questions, please contact me, Paul I[redacted] at ###-###-####, Monday through Friday, from 8:30 a.m. to 5:30 p.m. ET, or by mail at either address listed on this letter.   Yours sincerely,     Paul I[redacted] Senior Account Specialist BMW Financial Services NA, LLC

Dear Mr. [redacted]:
 
Thank you for giving us the opportunity to address your issue regarding your end of lease charges through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your complaint.
 
Mr....

[redacted], we appreciate you taking the time to share your end of lease experience with us. We are sorry to learn your experience did not meet your expectations.
 
Your complaint references previous correspondence sent to us without response. Our records indicate that we received your letter dated February 2, 2015 on February 25, 2015. We have enclosed a copy of our response dated March 3, 2015 for your review. We do not have record of any additional correspondence from you until this complaint. We regret our previous response did not resolve this matter entirely.
 
As established in Section 31 of your Motor Vehicle Lease Agreement (Lease), upon return of the vehicle, you have agreed to sign an odometer disclosure statement and vehicle inspection report. The odometer disclosure statement and vehicle inspection report are used to determine any excess wear and use and/or excess mileage at the time your vehicle is returned. However, in the state of New York dealerships are not permitted to perform a final inspection because the inspection must be performed by a New York State licensed inspector. As a service to our customers, BMW Financial Services pays for a third-party inspection company, AutoVIN, to perform the final inspection, valid up to 60 days before turn in of the vehicle. We are sorry AutoVIN did not have a convenient appointment time available for you.
   
Mr. [redacted], what your letter outlines is a “walk-around”, an inspection used for mileage and obvious damages, but one that does not utilize the standards and measures required for billing purposes. Since an inspection was not performed before turn in, we must rely on the inspection done at the auction location, Manheim New Jersey.
 
As you know, included in the balance due on your account are $2,000.00 in exterior charges, $250.00 in mechanical charges, $7.80 in excess mileage and $600.00 listed as a glass charge because of the damaged windshield. Each of these charges was billed with applicable sales tax.
Additionally, our records indicate you returned your vehicle on December 3, 2014; however, your vehicle was due to be turned in on November 19, 2014. Since your vehicle was not received until 13 days past the due date, a charge of $148.20, billed at $11.40 per day, was assessed as a late return fee.
Mr. [redacted], because our efforts to resolve the outstanding balance of the account have been unsuccessful, we placed the referenced account with the third party collection agency, [redacted]. Please contact [redacted] at ###-###-#### if you would like to discuss making payment arrangements.
   
After reviewing your account, reading your complaint and speaking with you on several occasions, we feel the charges are fair, valid, and should not be waived. To close your account, please direct your check (including your account number in the memo section of the check) for $3,252.49 to:
 
BMW Financial Services
P. O. Box 78103
Phoenix AZ 85062
   
Again, we are sorry if your end of lease experience did not meet you expectations. We appreciate your feedback regarding the inspection and turn-in process, however, collecting all valid charges ensures we can continue to provide our customers with the high level of service they expect and deserve from their vehicle financing provider. 
While we understand you may not agree with the charges you have been assessed in accordance with your Lease, we hope our response provides you with the information necessary to understand our position. If you have any additional questions, please contact us at ###-###-####, Monday through Friday, from 9:00 a.m. to 9:00 p.m. ET, or by mail at either address listed on this letter.
Yours sincerely,
 
 
[redacted]
End of Term Recovery Specialist
BMW Financial Services NA, LLC

I am rejecting this response because:I spoke to Cameron in Financial Services and he was advised that my wife did not change the due date, I am not sure who did but I would not have changed a date to go back when my pay day is on the first of the month, not the 31st. I feel that my wife and I were lied on and even though we were making the payments on the first of each month I was still being charged unfair late fees. Even if the payment did not make the due date BMW indicated, is there no such thing as a grace period and then to say I was late 57 months out of the course of the loan is ridiculous. Will not purchase or use this company again. 
Regards, [redacted]

Dear Ms. [redacted]:   Thank you for giving us the opportunity to address your issue regarding the disposition fee through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your complaint.   The disposition fee...

is a contractual fee disclosed in Section 7 and further discussed in Sections 32 and 33 of your Motor Vehicle Lease Agreement (Lease Agreement). The disposition fee is a typical fee, assessed by MINI Financial Services to compensate for the expenses of selling or otherwise disposing of the vehicle. These expenses my include vehicle cleaning and reconditioning costs, vehicle inspection fees, transportation costs, storage fees, auctions fees, administrative costs and funding costs until the vehicle is finally sold.   As a loyalty reward, the disposition fee is waived if you finance or lease your next new or certified pre-owned BMW financed through BMW Financial Services either two months prior or within six months after the turn in date. Should you choose to enter a new financing agreement with BMW Financial Services, you may also be eligible for an Unused Mileage Loyalty Credit towards a monthly payment on your new financing agreement; however, returning the vehicle under the maximum mileage allotment established in the Lease Agreement does not negate the disposition fee.   Although we understand you do not agree with the end of lease charge assessed to your account, we feel the charge is fair, valid, and should not be refunded. If you have any questions, please contact us at ###-###-####, Monday through Thursday, from 9:00 a.m. to 9:00 p.m. ET, and Friday, from 9:00 a.m. to 6:00 p.m. ET.   Yours sincerely,     Tyler M[redacted] End of Term Specialist BMW Financial Services NA, LLC

Dear Mr. [redacted]::
 
Thank you for giving us the opportunity to address your issue regarding the sales tax for your above referenced account through the Revdex.com complaint process. We hope the following information and explanation will answer the issue addressed in your...

complaint.
 
Your most recent correspondence regarding the increase of sales/use tax due to your move to Arizona references Arizona department of Revenue Publication 610: "Casual sales between individuals are not subject to the use tax. Property purchased by a nonresident individual whose first actual use or consumption of the property occurred outside the state is not subject to the use tax if the property is not used in conducting a business. If you purchase a vehicle from an out-of-state dealer or manufacturer, the Department of Transportation will require, at the time of vehicle registration, proof that tax was paid in the state of purchase and that the amount of state tax paid is equal to or greater than the applicable Arizona use tax rate. If tax was not paid in the state of purchase or was less than the Arizona use tax, the Department of Transportation will require that the use tax be paid at the time you register the vehicle. "
 
Mr. [redacted], as referenced in our previous response, your above referenced account is a Motor Vehicle Lease Agreement (Lease) and not a Motor Vehicle Retail Installment Contract. The type of financial agreement you entered into is the equivalent of renting a Vehicle. The Publication 610 as referenced in your correspondence would only apply to you if you had purchased the above referenced Vehicle. In this case, you did not. Accordingly, the Arizona Publication 606 applies to you based on your Lease.
 
As referenced in our previous correspondence, pursuant to Arizona Publication 606, “Personal Property Rentals”, subsection – “Who Must Pay”, states “Anyone in the business of renting tangible personal property to others is subject to transaction privilege tax…” Motor vehicles are considered an example of a taxable rental item whose income is subject to the Arizona transaction privilege tax.
 
Additionally, Arizona Publication 606, “Personal Property Rentals”, subsection – “Special Situations”, bullet point 7, Taxes Paid to Another State, “Arizona does not allow a rental business to take a deduction or credit for taxes paid in another state on a lease or rental of tangible personal property.”
 
The transaction privilege tax is imposed on the income received by the lessor as a result of its leasing business in Arizona. The lessor seeks reimbursement for this tax from the lessee under Section 24 of the Lease in which the lessee agreed to pay all official fees and taxes assessed by government authorities in connection with the Lease. Accordingly, BMW Financial Services has added a monthly amount of $40.22 for sales/use tax to be remitted by you, as the lessee.
 
Mr. [redacted], your correspondence also requests a refund of previous sales tax paid. From our understanding, under New York Publication 839, "Limitations on refunds and credits of sales tax paid on motor vehicle leases states the only case in which a lessee is eligible for a sales tax refund on a motor vehicle lease is if the vehicle is declared a lemon under New Car/ Used Car Lemon Laws and the manufacturer refunds the capitalized cost of the vehicle to the lessee. If the manufacturer refunds the capitalized cost to the lessee, then the lessee is entitled to a refund of NY sales tax. The lessee must apply to the Department of Taxation and Finance for any refund.
 
If you have any additional questions, please contact me, Kyle .C at [redacted], Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET, or by mail at either address listed on this letter.
Yours sincerely,
 
  
Kyle C.
Senior Account Specialist
BMW Financial Services NA, LLC

Dear Ms. [redacted]:
Thank you for giving us the opportunity to address your issue regarding the late fees billed to your account through the Revdex.com complaint process. We hope the following information and explanation will answer the issues addressed in your complaint.
Ms....

[redacted], as of today October 8, 2015 our records show 12 monthly Account Statements mailed around the 2nd of each month.  The Account Statements were sent to the billing address on file of [redacted] CA. Our records also indicate the Account Statements reference the late fees incurred on the account.  Enclosed with this letter are the Account Statements we sent.
As you can see, your September 2015 Account Statement shows both the August and September late fees billed. After your installment due date, your Retail Installment Contract (Contract) provides for a ten day grace period. Payments received in excess of ten days past due are subject to a late charge. There were a total of 15 installments that were received in excess of ten days past due. Additionally, our records reflect our collections department spoke with you via telephone 13 times during the last 12 months.  The dates of these phone calls are as follows: October 11, 2014, October 15, 2014, October 29, 2014, November 7, 2014, December 8, 2014, January 13, 2015, January 30, 2015, February 24, 2015, May 6, 2015, May 7, 2015, July 1, 2015, August 11, 2015, and October 5, 2015. Unfortunately, Ms. [redacted], because the payments were made outside of grace period, we are not in agreement the late charge balance should be reversed and are unable to honor your request.
Ms. [redacted], your vehicle was repossessed on October 4, 2015 due to being past due three monthly installments. Our records indicate your last payment was August 19, 2015 which was applied to your June 21 payment.  Your Notice of Sale outlining the remaining balance for your account was sent to you via regular mail on October 5, 2015.  Pursuant to the Notice of Sale, you are able to reinstate the account for the past due balance including late fees and repossession fees totaling $1,859.70.  Alternatively, you may choose to pay the account in full.  Unfortunately, we are unable to honor your request to allow you to pay a lesser amount or take more time to pay off the reinstatement amount due.  Please be advised, failure to reinstate or payoff your account balance in full, could result in additional reporting on your account as a charge off on your credit report. 
As stated in your Contract, BMW Financial Services would then sell the vehicle at Auction. When the sale is complete, your account will be updated reflecting the sale and proceeds. Your final invoice outlining the remaining balance for your account will be sent to you via regular mail within 2 to 3 weeks of this date.
If you have any questions, please contact me, Matt M[redacted] at ###-###-####, Monday through Friday, from 9:00 a.m. to 6:00 p.m. ET, or by mail at either address listed on this letter.