Consumer complaint received 2022-05-21
Company: Carvana Group, LLC
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Changes in terms mid-deal or after closing

Complaint:
To Whom it May Concern, Statement of Facts On XX/XX/XXXX I received an approval for a car loan through your website. I applied online at Carvana.com and your website indicated the following APPROVAL : {$300.00} cash down and Monthly payment of {$550.00} and the total amount financed {$22000.00}. I called today XX/XX/XXXX and spoke with XXXX XXXX ( Underwriter ) at about XXXX. She informed me that my XXXX per Carvana Policy is they do not accept short term XXXX  applicants because they dont know when it ends, and if youre returning to work or not ; and on that basis, I was denied. I explained that I am still employed, and it was against the law to solely deny me for receiving governmental short-term XXXX due to an injury/illness. After, speaking with XXXX XXXX  ( underwriter ) she advise me to submit my paycheck stubs which I uploaded to your website. I called again and spoke with XXXX XXXX on XX/XX/XXXX at XXXX she informed me of the same issue with short-term XXXX. Then she proceeded to inform me that my checks were not accepted because they are not within the last 35 days. She further explained that on this basis and short-term XXXX I was denied, however no adverse letter is sent out to the consumer advising of the denial. She informed me they do it verbally and that is the way Carvana does as a business in their everyday course of business, and how they were trained. The problem I have is that I signed a contract online, and after the fact they are now saying I am denied. I am a consumer and the two representatives I spoke with were reluctant, provided misleading and false information regarding the approval when asked if they could provide the address to Corporate or Legal department, the first representative declined and the second person I spoke with XXXX XXXX asked why I needed it and was reluctant to provide it. Which constitutes fraud, conspiracy to commit fraud, deceit, falsely provide misleading information. I am requesting that the law be applied and followed accordingly or that you give me a written statement that is conspicuously clear and in accordance with regulations of the Bureau. 

Be it known : The Conditional Acceptance to your Offer establishes a Common Law- contract between us under the Postal Rule, which states : The postal rule ( also known as the mailbox rule or deposited acceptance rule ) is a term of common law-contracts which determines the timing of acceptance of an offer when mail is contemplated as the medium acceptance. The general principle is that a contract is formed when acceptance is actually communicated to the offeror. The mailbox rule is an exception to the general principle. The mailbox rule provides that the contract is formed when a properly prepaid and properly addressed letter of acceptance is posted. One rational given for the rule is that the offeror nominates the post office as implied agent and thus receipt of the acceptance by the post office is regarded as that of the offeree. The main effect of the mailbox rule is that the risk of acceptance being delivered late or lost in the post is placed upon the offeror. If the offeror is reluctant to accept the risk, he can always require actual receipt before being legally bound. 

Pertinent Law ( s ) : 15 USC 1611. Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) Gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) Uses any chart or table authorized by the Bureau under section 1606 of this tile in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) Otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

15 USC 1612. Effect on government agencies ( a ) Consultation requirements respecting compliance of credit instruments issues to participating creditor.

Any department or agency of the United States which administers a credit program in which it extends, insures, or guarantees consumer credit and in which it provides instruments to a creditor which contain any disclosures required by this subchapter shall, prior to the issuance or continued use of such instruments, consult with the Bureau to assure that such instruments comply with this subchapter.

15 USC 1605. Determination of finance charge ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. The finance charge shall not include fees and amounts imposed by third party closing agents ( including settlement agents, attorneys, and escrow and title companies ) if the creditor does not require the imposition of the charges or the services provided and does not retain the charges. Examples of charges which are included in the finance charge include any of the following types of charges which are applicable : ( 1 ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges.

( 2 ) Service or carrying charge.

( 3 ) Loan fee, finders fee, or similar charge.

( 4 ) Fee for an investigation or credit report.

( 5 ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or other credit loss.

( 6 ) Borrower-paid mortgage broker fees, including fees paid directly to the broker or the lender ( for delivery to the broker ) whether such fees are paid in cash or financed.

15 USC 1691. ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) On the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) Because all or part of the applicants income derives from any public assistance program ; or ( 3 ) Because the applicant has in good faith exercised any under this chapter.

( d ) Reason for adverse action ; procedure applicable; adverse action defined ( 1 ) Within thirty days ( or such longer reasonable time as specified in regulations of the Bureau for any class of credit transaction ) after receipt of a completed application for credit, a creditor shall notify applicant of its action on the application.

( 2 ) Each applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the creditor. A creditor satisfies his obligation by ( A ) Providing statements of reasons in writing as a matter of course to applicants against whom adverse action is taken ; or ( B ) giving written notifications of adverse action which discloses ( i ) the applicants right to a statement of reasons within thirty days after receipt by the creditor of a request made within sixty days after such notification, and ( ii ) the identity of the person or office from which such statement may be obtained. Such statement may be given orally if the written notification advises the applicant of his right to have the statement of reason confirmed in writing on written request.

( 3 ) A statement of reasons meets the requirements of this section only if it contains the specific reasons for the adverse action taken.

( 6 ) For purposes of this subsection, the term adverse action means a denial or revocation of credit, a change in the terms of an existing credit arrangement, or a refusal to grant credit in substantially the amount or on substantially the terms requested. Such term does not include a refusal to extend additional credit under an existing credit arrangement where the applicant is delinquent or otherwise in default, or where such additional credit would exceed a previously established credit limit.

15 USC 1691c. Administrative enforcement ( a ) Enforcing agencies Subject to subtitle B of the Consumer Protection Financial Protection Act of 2010 [ 1 ] with [ 2 ] the requirements imposed under this subchapter shall be enforced under : ( 9 ) Subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter.

15 USC 1681a ( d ) ( 2 ) ( a ) ( iii ) Exclusions Except as provided in paragraph ( 3 ), the term consumer report does not include : ( i ) Report containing information solely as to transactions or experiences between the consumer and the person making the report.

12 USC 1431-BANKS CANT LOAN YOU MONEY BECAUSE THERE THE BORROWERS.

42 USC 404-ASKING FOR YOUR SS # ON ANY CREDIT TRANSACTION OR A LOAN IS UNLAWFUL AND CRIMINAL.

15 USC 1602g WE THE CONSUMERS ARE THE CREDITORS UCC 3-104 EXPLAINS WHAT A NEGOTIABLE INSTRUMENT IS

Company response to consumer: Closed with explanation