Consumer complaint received 2021-08-06
Company: CarMax, Inc.
State: CT
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX the vehicle that I financed with carmax was involved in a motor vehicle accident. The car was towed to XXXX XXXX XXXX XXXX XXXX following the accident until repaired. I was informed that the car may not be eligible for repairs because it was most likely totaled. During the time before the car was involved in the motor vehicle accident, I was also struggling to make my monthly payments and at risk of having the car repossessed if I could not maintain the monthly payments. A week after the accident, I contacted carmax to inform them that the car was involved in an accident and to inquire about how much is owed on the car if the car is totaled. I was informed that it would be {$11000.00} because I did not have gap insurance. I gave this information to my lawyer to inform the insurance company of the party who hit my car. Once the car was involved in the accident, I stopped making monthly payments because I could not drive the car and I could not afford to pay for the car anymore. I was relying on the involved parties insurance company to pay off the car. During the process of waiting on the lawsuit payment from the defendant who damaged my vehicle, myself and my lawyer had been in contact with carmax on multiple occasions to inquire about the total cost of the vehicle. I contacted carmax in XXXX, XXXX, and XXXX. In XXXX as the case was moving forward, I learned from XXXX XXXX XXXX XXXX XXXX that they were no longer in possession of the vehicle because it was reclaimed by carmax. I contacted carmax on XX/XX/XXXX to inquire about this new information. The customer service agent at carmax was unable to provide me with any information regarding the location of the vehicle and stated that they would look into it. I then began my own investigation which involved the auto shop and the department of motor vehicles. I learned that there was no indication that the vehicle was recovered by anyone else or any company other than carmax. After no further response from carmax, I contacted them again on XX/XX/XXXX to inform them that the car could not be located on my end and that I was assured that they repossessed the car. I was informed by the customer service agent that they would look into this because they do not have any documentation regarding the location of the vehicle. On XX/XX/XXXX, I contacted carmax about settling my debt since they could not locate the vehicle. They informed me again that they do not have any documentation regarding the location of the car and informed me that they were willing to settle for {$13000.00}. I refused to make arrangements for this amount because I did not believe that it was a fair amount to pay for a car that they repossessed. They informed me that they would discuss with the supervisor and get back to me. I never heard back from them. Therefore, during early XXXX after receiving my federal tax income I contacted carmax again about settling the debt for the vehicle. They again refused to lower the amount which was now over {$15000.00}. During XX/XX/XXXX, I obtained a financial advisor to assist me with improving my credit. During this process, she advised me to contact carmax again regarding the closed account to try to settle the debt. Although I already felt defeated, I took her advice and contacted carmax again in XXXX of XXXX. I informed the customer service agent of the multiple attempts to settle the debt for the car that I was informed they repossessed. I informed her that XXXX had also been extremely challenging due to the pandemic and that I could not afford to pay such a high amount that is owed. She informed me that she would inform the supervisor of my concerns and someone would get back to me. No one ever got back to me. Months passed and finally on XX/XX/XXXX I spoke with an agent named XXXX from carmax and reiterated the details that I shared with previous agents. She informed me that she could see the previous notes regarding my concerns related to the where abouts of the vehicle. She then informed me that they have a policy that if a vehicle is involved in an accident, they can not repossess it. I questioned as to why after all of these years of contacting carmax about the vehicle am I just now learning about this " so called policy '' that previous agents had no recollection of? She had no answers for me but insisted that I was mixed up. I informed her that I attempted to locate the vehicle with the assistance of the department of motor vehicles and the auto shop and that they concluded that it was taken by carmax. I also informed her that I had {$2000.00} saved up to settle with in order to end this cycle. She informed me that she would speak to the supervisor to see if they could accept this amount since the balance was so high. XXXX  called back on XX/XX/XXXX and informed me that they're willing to settle for {$13000.00}. I refused because I can not afford to pay that amount and I believed that I shouldn't have to pay that amount for a car that I was informed is in their possession. She assured me that she would speak to her supervisor again. I spoke to XXXX again on XX/XX/XXXX and she stated that they're willing to settle for {$11000.00}. I refused this amount as well because I can only afford to pay {$2000.00}. I am also not willing to pay this amount for a car that I believe in their possession. I believe that carmax is being unfair and that they indeed repossessed the car. This has been a never ending battle that I have been having with this company for years and it is exhausting. It has also impacted my in a negative way! I have not received any funding from any auto insurance companies to cover the costs of any damage to the vehicle. The insurance company of the party who hit my vehicle is still refusing responsibility and refusing to pay. I also had a lapse in auto insurance right before the accident. I would like a reasonable resolution to settle this matter for a car that is no longer in my possession. Thank you for your time!

Company response to consumer: Closed with explanation