Notice of intent to sue BMW Financial for breach of agreement.

Public Notice of Intent to Sue Regarding Breach of Accord and Satisfaction Agreement


Date: February 26 th , 2026
To: Ole Jensen, CEO and President
BMW Group Financial Services NA, LLC
300 Chestnut Ridge Road,
Woodcliff Lake, NJ 07677


Certified Mail Tracking Number:
9589 0710 5270 3774 6478 81
With Return Receipt:
9590 9402 8182 3030 8918 43



From: Devon de la Salle



1687 Forest Trail,
POB 9399
Mammoth Lakes, CA 93546


RE : Public Notice of Intent to Sue for Breach of Accord and Satisfaction Agreement; acct. number 1005604103. 


Compliance department. This letter serves as a formal Notice of Intent to Sue regarding your breach of the accord and satisfaction agreement we entered into on November 3 rd , 2025 concerning acct #1005604103. On November 3 rd , 2025, BMW Financial Services Bank of North America (BMW Financial) reached an agreement to settle a bona fide debt related to my account. The terms of the agreement stipulated that section 3.311 of the California Uniform Commercial Code applies when the claim is unliquidated (uncertain amount) or disputed in good faith by the debtor. This statute allows using a writing on a check (i.e., payment in full) as evidence of accord and satisfaction if certain conditions are met, in good faith.
I fulfilled my obligation under the agreement by disputing the debt administratively and notifying your office that such checks or drafts would be submitted for less than the original agreement. No answer or correspondence was received thereafter and, therefore, several checks/drafts were submitted under duress, all of which have been cashed by your offices.


Breach of Agreement: BMW Financial has failed to uphold its obligations under the accord and satisfaction agreement under the rules of the California Uniform Commercial Code by knowingly accepting each check/draft, with clear and conspicuous restrictive endorsement on the face of the checks/drafts, specifically:

check #5044 in the amount of $993.28 dated October 27, 2025 (cashed on November 3 rd , 2025) Payment in full satisfaction of claim;

check # 5007 in the amount of $993.28 dated November 21 st 2025 (cashed on December 3 rd , 2025) Payment, under duress;

check # 5010 in the amount of $993.28 dated December 12 th , 2025 (cashed on December 29th, 2025) Payment, under duress; and

check # 5018 in the amount of $993.31 dated February 3 rd , 2026 (cashed on February 17 th 2025) Payment, under duress.


California Civil Code  1526 disallows using a notation on a check for less than the full amount as evidence of accord and satisfaction. However, this account is in regard to a dispute in good faith barring BMW Financial from suing for the remaining balance. Breach of the agreement has occurred by continuously reporting a balance to official credit reporting agencies, affecting debt-to-income ratios after the first acceptance and cashing of check # 5044. BMW Financials opportunity to refund check # 5044 lapsed on February 1 st , 2026 (90 day refund period per California statute). This breach has caused significant harm, including but not limited to financial losses and credit reporting hardships.


Demand for resolution. I demand that BMW Financial immediately remedy this breach by reporting to all credit reporting agencies that the account has been paid in full and by refunding every payment received and cashed after November 3 rd of 2025. As of February 26 th , 2026 the refundable balance is $993.28 + $993.28 + $993.31 or $2,979.87. If I do not receive a satisfactory response within 30 business days from the date of this local publication, confirming that BMW Financial will take the necessary steps to fulfill its obligations under the accord and satisfaction agreement, I will be forced to pursue legal action to enforce the agreement and seek compensation for the damages I have incurred.
I am confident we can resolve this matter amicably. However, I am prepared to take all necessary legal steps to protect my rights. Please contact me at the address listed above to discuss this matter further.
Cordially,



Devon de la Salle
February 26 th , 2026


cc: Ole Jensen, CEO and President, BMW Group Financial Services NA, LLC, 5550 Britton Pkwy, Hilliard, Ohio 43026-7456

March 6, 2026
#COL-579