Consumer complaint received 2021-12-24
Company: Carvana Group, LLC
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
I entered into a consumer credit transaction with XXXX credit company in XXXX of 2021. I went to caravana llc to purchase a XXXX XXXX XXXX. I was happy with my purchase until I realized that there were some violations against me in the contract. I wrote XXXX credit company and carvana informing them of these issues. I exercised my right to rescind this consumer credit transaction that I entered into with XXXX XXXX XXXX according to 12 CFR 1026.23 ( a ) ( 1 ). I took the time to write up the notice of rescission and mailed it to them as the regulation required me to do according to 12 CFR 1026.23 ( a ) ( 2 ). The notice of rescission was delivered to XXXX credit company and the seller carvana on XX/XX/2021. I also spoke with several representatives at XXXX credit company they refused to give me their ID numbers so I can correctly identify them but I informed them of my intent to rescind the consumer credit transaction and I also notified them that the notice was sent and delivered to them via mail. On XX/XX/2021, a third party debt collector named XXXX XXXX XXXX tried to illegally repossessed my vehicle on behalf of XXXX credit company. I was at home when this happened, I informed the debt collector that I had excised my right to rescind this consumer credit transaction and that this would be an illegal repo he was unable to steal my property that day. I was harassed at my place of abode by stranger trying to collect a debt on behalf of XXXX  credit company a XXXX the day he showed up to my home I can not remember the exact date but it was in XXXX of 2021. XXXX credit company has also taken adverse action against me by reporting negative information to my consumer report tarnishing my general reputation. The negative reporting of information to my consumer report has made it hard for me to obtain new credit, it has damaged my overall credit capacity and credit worthiness. It has put a strain on my work and family relationship and made it hard for me operate in commerce. I did nothing wrong and have been treated so unfairly XXXX credit company and XXXX XXXX XXXX conspired to deprived of my rights. I'm not sure what I have done wrong in this situation. I have only tried to exercise my rights as a consumer. According to 12 CFR 1026.23 ( a ) ( 3 ) ( i ) If the required notice or material disclosures are not delivered, the right to rescind shall expire 3 years after consummation, I entered into this consumer credit transaction in XXXX of 2021 and I excised my right to rescind the transaction within the 3 years that is given to me since XXXX XXXX XXXX has failed to delivery of the notice required by paragraph ( b ) of this section, or delivery of all material disclosures. According to 12 CFR 1026.23 ( b ), " a creditor shall deliver two copies of the notice of the right to rescind to each consumer entitled to rescind ( one copy to each if the notice is delivered in electronic form in accordance with the consumer consent and other applicable provisions of the E-Sign Act ). The notice shall be on a separate document that identifies the transaction and shall clearly and conspicuously disclose the following : ( i ) The retention or acquisition of a security interest in the consumer 's principal dwelling. ( ii ) The consumer 's right to rescind the transaction. ( iii ) How to exercise the right to rescind, with a form for that purpose, designating the address of the creditor 's place of business. ( iv ) The effects of rescission, as described in paragraph ( d ) of this section. ( v ) The date the rescission period expires. I was never delivered any notices of my right to rescission or forms to exercise this right by XXXX credit company they willfully and knowingly with forethought withheld this information from me. XXXX credit company also failed to provide me with the designated address to send my notice of rescission to so according to 12 cfr 1026.23 ( a ) ( 2 ) sending the notification of rescission, delivering notification to the person or address to which the consumer has been directed to send, payments constitutes delivery to the creditor. According to 12 cfr 1026.23 ( d ) ( 1 ) When a consumer rescinds a transaction, the security interest giving rise to the right of rescission becomes void and the consumer shall not be liable for any amount, including any finance charge. XXXX XXXX XXXX has failed to void the security interest created under this contract but I know that excising my right to rescind does not make me liable for any security interest charges created. 12 cfr 1026.23 ( d ) ( 1 ) mentions that 20 calendar days after receipt of a notice of rescission, the creditor shall return any money or property that has been given to anyone in connection with the transaction and shall take any action necessary to reflect the termination of the security interest. XXXX credit company has refused to terminate the security interest created under this contract. 12 cfr 1026.23 ( d ) ( 3 ) If the creditor has delivered any money or property, the consumer may retain possession until the creditor has met its obligation under paragraph ( d ) ( 2 ) of this section. When the creditor has complied with that paragraph, the consumer shall tender the money or property to the creditor or, where the latter would be impracticable or inequitable, tender its reasonable value. At the consumer 's option, tender of property may be made at the location of the property or at the consumer 's residence. Tender of money must be made at the creditor 's designated place of business. If the creditor does not take possession of the money or property within 20 calendar days after the consumer 's tender, the consumer may keep it without further obligation. I have only stated the CFR 'S I see here on the CFPB website. I have done everything required for me to do to rescind this consumer credit transaction the correct way but my car was still almost illegally repo 'd. I have submitted several CFPB complains and have been fighting with XXXX credit company ever since. they still send me letters in the mail requiring me to pay them for an alleged debt but there should be no contract seeing that I exercised my right to rescind it. They still call me asking me to make payments after they have refused to abide by cfr regulations and rescind this contract This entire process is very frustrating and has cause me much mental stress and anguish. I am deeply troubled that a financial institution would commit these acts and work with the help of other 3rd party collectors to oppress me. it has now been over 20 days since my notice of rescission was delivered to XXXX  credit company. they wrote me back informing me that they would not honor my notice of rescission and they also have defamed my character by taking adverse action against me and reporting negative information to my consumer report. I am just a consumer trying to exercise my rights. XXXX credit company and XXXX XXXX XXXX recovery worked together to conspire against and XXXX credit company deprived me of my rights. I have been violated multiple times. XXXX credit company is in violation of 12 cfr 1026.23 ( a ), 18 usc 242, 15 usc 1692j ,18 usc 241, 15 usc 6802 I have proof to show this. I am writing this complaint today so hopefully someone can investigate this matter before I have to escalate it to federal matter

Company response to consumer: Closed with explanation