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Originally Posted by iminhell1
The thing that bothers me is that BMWFS asked for the will. That doesn't make any sense to me. IMHO (not legal) they have no right to see the will, unless they were specifically mentioned in it; which I'm quite sure they where not.
I mean what are they planning? If your dad left $10K to the church and still owed BMWFS money, they'd get a portion from the church fund? Debts before charity?
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Providing the will I think just proved to them who the executor of the estate was going to be so they knew where to send the bills (because they did). I agree it probably wasn't allowed however he died 3 days earlier, and this was the day after thanksgiving I called them. Wasn't in a rational place myself to think it through. So just sent the info to them.
Quote:
Originally Posted by JDubz
OP - I would probably escalate and ask them to pull the recorded calls and honor what their reps told you.
Even if what you were told is not legally correct, I would expect most companies would do the right thing in this situation, but you have to get in touch with the right person at BMW. Especially given that you are a current customer.
I believe that - given the estate laws in each state, they may be able to collect on that at all. (Given that your dad doesn't seem to have an estate outside of his residence) But I'm not a lawyer, no idea.
If you haven't already, I would avoid getting lawyers involved as long as you can. They will have procedures they have to follow and you may not have any recourse at all.
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I tried with one of the reps to escalate the call and he wouldn't, also asked them to get the prior recorded calls and was told there were none. My brother in law who is much more business savvy than I am was able to get to a high level manager who assured him it would likely go away ("but would deny it if asked")...and well it hasn't. At this point the bill they sent is a clear breach of "early lease termination" verbiage in the lease agreement itself...you'd think BMWFS would know this since computers are obviously processing all their logic at BMWFS, and they are following cue cards onscreen. Attorney has been involved and aware for some time now since my mom needs help with a a lot of other matters, and seems to think it won't be a problem.
We're not about getting out of paying what is fair in the contract. BMWFS from day one has given us 3 different messages. The first 2 messages directly from BMWFS were WRONG information that we acted upon, and had we had the correct information at the time would have made a different decision (I would have just assumed the lease myself or purchased the car outright, no biggie, just don't need it and my mom didn't want it because of the emotional aspect that it was his car). Now we're in a situation where the car is gone and at least on paper BMWFS is showing a large financial loss on this vehicle, but again are billing my mom for the net loss, when the contract clearly says no more than the remaining payments plus the $350 fee. So at this point we have a bit of a problem with BMWFS. Attorney is good. "Wasted money" on attorney not so much an issue.
The emotional roller coaster alone is just about unforgivable...I like to think I'm pretty reasonable, but this ordeal has been over the line...watching my mom go through all this crap and trying to support her has been tough.