Consumer complaint received 2020-08-31
Company: Carvana Group, LLC
State: AZ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
PLEASE REFER TO THE FULL DETAILS WRITTEN WITHIN 1-65 PAGES PDF INCLUDED THIS WILL BETTER EXPLAIN WITH FULL LENGTH DETAIL. 
Hi my names XXXX XXXX and I wanted to first thank you for your time, consideration, and care over my list of valid complaints and regulatory/law violations that I now have unrefutable proof to support my claims in and of their entirety. I also would like to apologize for any ranting ahead of time seeing as how I am still trailing a severely excrutiating amount of frustration, disgust, and disgruntlement over the way I have been mistreated and uncared for by Carvana, XXXX in house lender with carvana, and their warantee company XXXX XXXX. So much so that it is absolutely disappointing/disgusting at best, and highly unethical, illegal, and potentially even criminal at worst given my valid plethora of proof and takeaways thru my experience with doing business with Carvana, XXXX, XXXX XXXX, and its representatives. My complaints surround mainly Carvana LLC, but also its in house lender XXXX, and its affiliate XXXX XXXX handling their XXXX XXXX, and the many lending laws companys like Carvana LLC and its in house lender are bound to follow and ensure proper escallation guidelines are in place and exhausted to properly document, resolve, and/or to prevent overt impacts being brought onto their clients. These Laws and regulations violations I am claiming Carvana clearly, intentionally, and severely violated without a doubt being UDAAP Unfair Deceptive Acts and Practices, Truth in Lending laws/regulations, Consumer Financial Protection Act and Dodd-Frank Act, Equal Credit Opportunity Act ECOA, and AZ Lemon Laws. To start I will explain from the beginning to paint the best picture in which i have supplied all dates within my communications, pictures, contracts, original sales page, 150 pt inspection list, car fax, and the many more files included in my large pdf compiled. I also have the recording of the over the phone conversation XXXX   had with me clearly stating the negative input of the XXXX  mechanic given the vehicles current state and expected future, highly expensive, major unaddressed complications to expect thereof especially with the type of problems incurred now occurring so early in the vehicles life at this time per XXXX XXXX mechanic inspection. Repairs so far known as immediately needed are a new radiator fan and new AC Compressor for clarity. XXXX  mechanics also agree that this vehicle is and was sold to me as one heck of a Lemon for lack of better phrasing per the mechanics way of putting it into terms. Non the less I will explain to the fullest and in its entirety regarding the situation and the nature of the specific violations they have committed within carvana LLC, XXXX, and in connnection XXXX XXXX negligenty and intentionally without a care of the harm and/or hazards brought and done onto me, my family ( wife and daughter XXXX years old ) and onto others alike with potentially lower than perfect credit many of whom share similar experiences as my own per online reviews and social media posts discovered. Whereas I am not in a position to fight the complaints of others, but I'm led to believe out of the actions and carelessness willfully taken by and exhausted by Carvana, XXXX, XXXX XXXX, and their employees in additon to the experiences Ive had and documentation thereof to support such complaints that Carvana, XXXX, and XXXX XXXX may be conspiring to commit CONSUMER FRAUD on a grand scale to do the same if not similar acts to impact the masses of less than perfect credit customers and in doing so leaving an overbearing burden on their clients and other local businesses sharing similar market interests. Mind you I am now outside of the 7 day return period and even with a slight 2 day extension granted as a result of the vehicles pre existing mechanical issues which took me to XXXX  XXXX XXXX and my vehicle is still in the shop without the greenlight from XXXX XXXX XXXX to approve the work to be started. Now the vehicle has been in the shop for a severly unreasonable amount of time since monday XXXX after sitting in the parking lot unmoved all weekend at my apartments since pickup Saturday XXXX and I only got to test drive it home approx 15 miles only to discover the overheating issue while A/C is running which is beyond the engine noise issue only acknowledged as an issue by me and carvana rep at time of pickup leading to the ASR Report filing by the agent of carvana to enable the fixes that havent been approved causing me to lapse on my return period. All the while they had plenty of time and knowlege of the work to be done by XXXX  mechanic inspection but have yet granted the approval to start the actual fix. With this just being the tip of the iceberg please allow me to fully explain so you take away the best picture as to how all this truly came to be and you will see by the end that invevitably an investigation into their lending practices and regulatory obedience is absolutely neccessary to uncover how large the previously mentioned conspiracy to commit CONSUMER FRAUD on a grand scale is and has been within Carvana, XXXX, and their associated Warantee Company XXXX XXXX as I suspect given how everything happened so far. Sadly this is my first and my worst certified used car purchase experience whereas I have had better luck with vehicles purchased in my younger years thru private parties with over XXXX and they even lasted longer than the XXXX  of a Lemon they falsely advertised and sold me the private party vehicles previously noted survived longer and with less work if any ever needed beyond oil changes and similar common maintenance. This brings me to my next point which the XXXX XXXX mechanics feel is all i should have to worry about is common maintenance oil change brake changes etc even with this XXXX XXXX  age and mileage. Knowing my claims and knowing very well the Laws described as a banker whom previously originated loans for majority of my banking career myself and having to exhaust measures to comply and if needed escalate and document day over day in my own job I refuse to be played as a fool and taken advantage of by Carvana, XXXX, and XXXX XXXX warrantee, and am now first trying to gain a FULL resolve to the fullest extend permitted by the presiding laws, regulations and penalties thereof as described. This including the tier 3 CONSUMER PROTECTION ACT VIOLATIONS and the many others alike previously noted and claimed as violated by Carvana, XXXX, and its affiliated XXXX XXXX warrantee. My goal is to reach a fully encompassed and appropriate resolution with filing this complaint and to the extent that I see and know as allowable by law as it is clearly written. Otherwise should this complaint not prevail as expected, as easy it is to prove, and should Carvana and the other affiliates not want to take ownership of their, especially CARVANA LLC, severe violations and unethical nature of the violations therof then I will be left no choice other than to pursue my claims including additional PUNITIVE DAMAGES after consulting my attorney if needed therof to take action in a formal civil litigation lawsuit where a Judge will mandate Carvana LLC and any other  associated affiliates to be investigated, placed under severe regulatory overwatch should they be allowed to operate further, and penalized both civil and federally thus investigated to the fullest extent of their violations and the penalties thereof as this case is pretty black and white in its entirety and my documented proof will justify such at any time just as I am proving to you within the CFPB. Especially now that I may be facing soon a loss of job due to having now been sold severely unreliable transportation that is overly prone to severe breakdowns soon per the XXXX  mechanics inspection and experience. Which to better explain once my job determines working from home is no longer needed/available and a return to the office is mandatory me and my family will be left with the severe overt impact this Carvana LLc Company has caused on top of the overt impacts already suffered on account of their length of negligence and lack of care towards their customers and towards the laws that govern their sale activities and abilities thereof. I will explain from the beginning. Me and my family had been involved in a Hit and Run accident that left me my previous vehicle at a total loss and in a deficit still owing on the other vehicle. So moving forward I chose to give Carvana a chance approx XXXX and applied online to see what I may be approved for to obtain another vehicle. Carvana had at that time approved me for financing at a high interest  rate with a {$2900.00} down payment and no vehicle trade in. I took my time to research the available vehicles and was originally looking into something similar to my XXXX XXXX XXXX but later me and my family chose to go with a bigger vehicle we felt safer in due to the nature of the damage to the XXXX  on such a low speed impact which upon continuing to search we found this unique looking XXXX different than the rest. The XXXX was within my price range yielding a {$2900.00} down payment requirement even with additional warrantee coverage and gap insurance. Also compared to many other vehicles listed the XXXX XXXX XXXX had a clean XXXX  including regular in shop oil changes etc as listed and the XXXX  had a supposed clean 150 pt inspection listed as done on XXXX stating the vehicle was fully operational without issue this including the areas around where the issues I have experienced since are occurring. Therefore at that time we determined as a family it would be best to go with the XXXX  and despite the year and mileage on account of the history of the jeeps XXXX and 150pt inspection records and care for thereof that made us feel we were making a purchase of a quality fully functional vehicle as Carvana continued to what we now know to be falsly promoted via email and on their site. Within the time of shopping from XXXX thru XXXX we were making last minute choice changes only to revert back to the XXXX as our final choice by XXXX thru XXXX me and my family were making our final choice around going forward with the XXXX  per our final decision making to choose a larger vehicle that made me and my family feel safer. Included are the previous and final version of the signed contract up till day of pickup. During this time I almost lost my ability to purchase the XXXX making changes to my vehicle of choice and luckily it became unreserved and was able to be reverted back to the XXXX shortly after and reserved as my selected vehicle under my profile. Whereas Carvana was ready to sell to another party and would of just as easily bestowed the same issues onto someone else without a doubt and without any care as my experience has proven from beginning to end. Without any clear care for Federal and State Laws/Regulations in addition as you will see with my explanation and proof thereof. This after all my experiences leads me to firmly beleive the acts and violations committed very well may be being commited by Carvana, XXXX, and their Warantee Company XXXX XXXX intentionally against me, my family, and other less than perfect credit customers alike on a grand scale leaving them stuck with broken lemon vehicles that havent been cared for as they advertise prior to listing thus leading to the inevidable sale of these vehicles such as the Lemon " XXXX XXXX XXXX '' sold to me and my family carelessly. Moving on with my explanation and fine points. Once I had everything in line from funds verification, document verification, contract signed, and insurance swapped over from my previous vehicle on friday by approx XXXX to XXXX I wake up saturday XXXX at XXXX XXXX in the morning to find out that Carvana unexpectedly has emailed me to reschedule my pickup time due to a newly discovered COSMETIC concern and that they quote on quote per their email say in writing '' CARVANA WANTS TO PROVIDE ME THE VEHICLE AS IT WAS ADVERTISED ''. This told me nothing to the true extend of the reasoning behind the delay. Upon calling Carvana to find more information I was advised by their phone representative that it appears that the cosmetic concern is actually a result of a Carvana employee whom hit the XXXX XXXX Bumper with a vehicle while driving to move another vehicle. I was bitterly furious and livid to find this out as to how this could of carelessly happened and having to call myself to find the truth as to what happened rather than be told upfront and truthfully. Not to mention also having to of called myself to attempt to escalate the issue and find out the truth rather than simply being told the truth via email, or even called to be informed of the occurrence, how they will be fixing it, and my rescheduling options. I then sent further emails requesting this issue be escalated, for a supervisor to contact me, and for pictures to be sent to show the extent of the damage their employee had done. I also emailed them around XXXX XXXX requesting further accommodations due to the nature of the issue and inconvenience which was ignored. One request was to have the vehicle delivered waiving the charge of {$500.00} since I had to make alternative arrangements that may have further impacted my jobs in addition to the time I already had to take off unpaid to resolve these issues. Out of my requests NONE of which were ever done and after about a week of waiting and following up with Carvana to find out if info and formal pictures of the bumper issue will be sent and if someone can better explain to me how this could of happened so carelessly. I kept in communication to no avail for days on in with the understanding that this bumper replacement would of taken till XX/XX/XXXX for the part to be delivered for replacement. Over the next few days I continue to call taking unreasonable amounts of impactful time off work to find out if they have any update only to eventually find out all they are willing to do is paint the bumper rather than replace it. This being after days of waiting to find any info out. Still no pictures or other supporting documentation was provided as requested in regards to the damage done prior to pickup. Also this overall determination took a severly unreasonable amount of time to come to conclusion on to be able to move forward with the sale. Not to mention the obvious devaluation of the collateral vehicle due to the incident. Mind you still to this day they have never updated their site sale page as listed to indicate the additional accident and repair nor did they update the advertised mileage as required instead they kept the originally stated mileage which was XXXX as shown in the pictures of original advertisement. On Wed XXXX XXXX XXXX from Carvana phone number XXXX I was called and left a Voice Message by a representative within Carvana LLC Named XXXX. This agent XXXX I spoke to over the phone and actually followed up as promised, only once, to advised me saying the earliest time Carvana can have the car ready for pickup is Friday XXXX at XXXX which inevitabely had to be rescheduled online for the following saturday XXXX to avoid further impacts to my job and paid time worked vs unpaid time taken off to address and handle issues that Carvana has caused and provided little to no effort to resolve or escallate appropriately. Upon me having discovered the issue of the Carvana LLC Employee hitting the XXXX and time originally quoted to fix the bumper thru replacement but was later only painted supposedly and without supporting documentation provided to me as requested to affirm the damage and fix. I luckily avoided further negative financial impact unto me and my family in having to swap the vehicle under my insurance back to my older vehicle listed up until the XXXX was further ready for pickup proceeding the fix. This action having to be taken almost caused me to have a gap in covereage for my auto insurance and would of cost me a plethora more financially month over month year over year in premiums had the agents not been able to aviod the gap in coverage. Luckily this was avoided and situated to reprocess the same quote when the time was right later in the month of XX/XX/XXXX. Moving forward once XXXX came around and vehicle was ready for pickup I once again had to take yet another expensive XXXX ride to their XXXX Location " Vehicle Vending Machine '' address of which is listed in the many pictures on my pdf. Upon arrival I waited until my appointment time approx XXXX and the agent gave me the paperwork in the folder shown in my pdf  file compilation. She explained the vehicle still needs to be taken into emissions to pass within a few days and to use the voucher to avoid the cost after the drive cycle is complete after so many miles driven. To me this is something that should of been done just like a formal ACCURATE inspection well before my pickup especially with all the time they had the vehicle in surplus of my original pickup date and additionally the extra driving of XXXX approx. miles a Carvana Employee drove it beyond the advertised listing mileage which should of been a complete drive cycle enabling Carvana LLC to  ensure it will even pass emissions and obtaining the certification for such and fixing any issues prior to selling or even listing for sale. Once the paperwork was provided in person as shown in the pdf pictures ( return paper and car fax and few other documents ) and I initiated the coin into the vending machine the rep had to drive the vehicle around front to me for showing since their vending machine wasnt fully operational due to faulty mechanical problems as explained by XXXX the ON SITE AGENT at the location assisting had explained. Non the less when the vehicle was driven around for my viewing it immediately was further acknowledged by XXXX and initially acknowledged by Myself to be having clearly audible severe engine noises from an unknown location within the engine. At that time the vehicle was parked and idling I further inspected the XXXX XXXX both while on and off and at that time the Agent explained since this is a problem that was pre-existent prior to sale and pickup they will file a ASR Case to have Carvana LLC fix the issues in their  entirety and this allows to see if it corrects itself since she claimed it just had an oil change, or she says I can return the vehicle and get another. Which is insult to injury at this point as I am still piecing all the puzzle peices together boggled as to how this all could of been overlooked and become a problem for me so carelessly under such a companies guidance and managent who should be providing measures to prevent this from ever happening within reason. Even then after seeing the bumper I didnt even notice if they had actually done anything to the bumper as it didnt look like it had been painted as claimed and the agent didnt know any of the details about the damage location or repair either aside from it supposedly being addressed. I chose to allow them the opportunity to fix the issues evident as existing prior to the official sale. This taking place once inspected and root of issue discovered and to enable them the opportunity to correct the issues and have the vehicle to be sold as it was advertised to me and my family. Also just as I mentioned before as to how Carvana assured me in writing via email that their goal was to provide me the vehicle AS ADVERTISED when they had to fix the bumper issue. I allowed her to file the case taking their advise with the understanding Carvana LLC was to fix the issue as a result of this issue existing prior to pickup as XXXX confirmed. I then basically test drove the vehicle only to find out soon after within 15 miles of test driving the vehicle home that the vehicle is overheating and made it to 3/4 of the way to H on the Temprature gauge of the vehicle and luckily was able to cut the a/c and make it home without incurring a severe engine failure and without it making it all the way to H thankfully preventing a on the spot full engine overheat and failure. As you see noted via email to Carvana LLC at the XXXX addressing the newfound overheating issue in addition to the pre existing issue of loud engine noise clunking prior to pickup I sent to Carvana via email on XXXX at XXXX explaining in detail the overall issues in addition to the overheating experienced and left unaddressed for weeks prior to pickup and thru many more shop visits for the additional repairs. I further sent an email on XXXX at XXXX to XXXX to have noted and affirm I only drove 15 miles approximately home whereas the vehicle was provided to me with approx XXXX miles more than the advertised mileage and even so the listed mileage on the Final and only Signed contract Signed by me and Carvana LLC financed thru XXXX that I have included from XXXX stating the mileage of XXXX not XXXX with the exception of the approx 15 miles I drove home and left the vehicle parked to avoid engine failure and other issues alike with the vehicle. I included the picture of the odometer I took on XXXX as the XXXX   was disabled and parked until the direction was given on XXXX XXXX from Carvana LLC and XXXX XXXX via email on how and where to take the XXXX to start having it inspected to be fixed. I included screen shots of the video camera videos I have of the vehicle parked unmoved over the weekend leading to the towing of the vehicle on monday XXXX to the XXXX Shop located at XXXX XXXX XXXX XXXX. XXXX AZ XXXX Phone number XXXX at the expense of myself and my insurance company. Which is just one additional overt negative financial impact brought onto me and my family and now my insurance company XXXX for a problem they should of had clearly acknowledged and fixed prior to even listing for sale beyond their 150 pt supposed inspection. On monday XXXX I also took it upon myself to exhaust my freedom of speach and freedom of press leading to the exhaustion of my freedom of expression and made posts on XXXX  to highlight the nature of my experiece so far and embelish that I still had faith in a formal resolve. The online agent on XXXX  requested direct message via DM and I did as you see screen shotted only to eventually not get anywhere when they over promised to keep in touch with their teams to escallate this issue and see it thru. This conversation was further noted over the next week up until i lost faith in their escallation efforts, if any. Which it will be evident as to why by the time I fully explained my whole story. I further included pictures showing the time and date of the video screen shots showing the vehicle no longer in my parking lot after being towed to XXXX on Monday XXXX at approx XXXX that afternoon. I then was in clear communication with XXXX awaiting for tuesday XXXX just for the inspector to be present on duty to inspect the vehicle and once I was able to get affirmation as to the problems I was repeatedly told XXXX mechanics they would contact XXXX XXXX to explain the needed fixes and from that point on I kept calling day over day only to find out that they were still waiting for the GreenLight as they call it to even start the work once fully approved. I called XXXX that week before and was advised simply they would make sure it all gets across to XXXX as needed which at this time now as I write this I see that as clear over promise of a resolution to my escallated situation. Come around Wed. XXXX I was told by the mechanics it seems all is well and by thursday XXXX I called and was told by the other mechanic whom was telling me he wasnt sure what i was told and that he is still waiting on the green light now that they so far have communicated everything to XXXX XXXX. By this time the mechanic at XXXX told me " so far thats all the problems, so far, that they are able to determine but man they sold you one heck of a Lemon '' which I have recorded video-audio of the XXXX mechanics stated to me that these problems shouldnt be occuring this early in the vehicles life and its a clear red flag for bigger and worse problems soon down the line and that the fix now would of been {$1400.00} out of my pocket if the Warantee was not covering it and to pretty much expect more major problems down the line which basically leads me to conclude in Carvana LLC selling this vehicle with these obvious unadvertised unaddressed and heavily neglected issues clearly there actions violated AZ Lemon Laws, Truth in Lending, Consumer Financial Protection Act, ECOA Equal Credit Opportunity Act, and have successfully crucified me and my family financially now and in the future now that I can firmly expect to experience bigger issues with no telling whether XXXX XXXX will cover all the needed repair costs, but the base principle beyond that point is this vehicle that obviously real mechanics can easily identify and acknowledge major problems with should of been fixed prior to listing for sale and or sold as a fully operational vehicle as it was advertised to be. Its also apparent that Carvana LLC never fully inspected this vehicle as advertised to of been XXXX nor cared to acknowledge the issues that were clearly existent to even non mechanics let alone the XXXX XXXX mechanics well before this vehicle was listed for sale. As mentioned before and now with the input of the XXXX XXXX mechanics taken into account its evident that I may be soon faced with loosing my jobs in the near future as result of their overt violations and actions, negligent care of, and lack of policy escallation guidelines and appropriate remedies thereof leaving me without reliable transportation which Carvana LLC heavily and falsly promotes with thier overpromised advertising of the HIGH quality of their products/vehicles and inspection standards. This is an overt impact I may incur soon enough resulting from expected major  breakdowns as clearly anticipated by XXXX mechanics for this very XXXX and the nature of the problems this early in life and their length of experience to back up such claims. Now in attempting to escalate this issue within Carvana LLC I only was able to obtain apology after apology and a slight 2 day extension to my return period whereas they refused to get me in touch with a manager repeatedly claiming to be senior representatives and they have the authority of managers when clearly they lacked the competency of such authority as shown in their lack of efforts in escalating my situation as needed. This taking place among my many communications via email, Social Media, and Call ins to support line representatives within Carvana LLC and additionally my call into XXXX XXXX encompassing the over promises of a full expeditious resolve of a problem that should of first and foremost never been a problem prior to advertising with intent to sale a product to the general public of consumers let alone the finalization of a sale with expressed knowledge of such issues. This substantiates itself seeing as how still to this very day I am left without a operable vehicle that is still in the shop without even having the work started after the shop having the vehicle for 7 days and with XXXX XXXX having plenty of room and personel to process the approval to give the XXXX shops mechanics the green light to start the work. Furthermore I later in the week on XXXX recieve a call from Carvana LLC Agents and on the same day at XXXX I recieve an email stating my 7 day return period is on its 6th day and almost expired. This poses a great deal of conflict, concern, and confusion as a result of how the online portal displays provided the two day extension timeline I thought which ended on XXXX. I then call back to carvana llc to see if they were possibly calling with an update to my apparently not escalated situation/complaint/issue only to find this out as to why they called to explain that my last day of my return period is here and then I further expressed my concern over the presiding issues and again only received apology after apology and further insult to injury saying that I can return the vehicle still for another. I then called XXXX XXXX back and followed up only to find nothing has again been updated or approved and I explained to them that im almost outside my grace period and was told they will follow up with XXXX XXXX yet again. Mind you this is a vehicle i truly never had a chance to drive beyond the test drive let alone the fact that its been sitting unfixed in the XXXX  shop for days waiting for the greenlight that since has still never been given. Now here we are on XX/XX/XXXX both XXXX Shop and XXXX XXXX have been closed since closing on Saturday XXXX and I have no follow up from anyone and still my vehicle has not recieved the formal approval as requested by XXXX days ago to start the repairs and my original return period and my 2 day extension has officially expired as shown in the screen shots and I now have been stuck with a broken disabled vehicle that Carvana LLC financed thru in house financing thru XXXX since day one. This leaves me no other choice as to follow thru with my formal complaint. If needed provided the lack of sufficient resolve per my expectations which will be to the fullest extent of the laws regulating such transactions then I will be left no choice but to follow thru with contacting my attorney to file a formal civil litigation law suit to pursue my claims in addition to the punitive damages incurred and soon to be incurred down the line as a result of Carvana LLC and its Affiliates overt actions and clear malicious  intentions. Me and my family are now left without a vehicle having to walk in excessive heat to handle my normal family obligations, or pay excessive tolls to take XXXX rides, and for many this would already have been a total loss of their job, or other heavy gravity consequences at that hands of Carvana LLC,  XXXX, XXXX XXXX, and their employees. As I have told Carvana LLC in many forms of communication apologies dont explain to a persons boss why an employee isnt reliably available and on time or able to hold their end of their own obligations because he cant get to work to fufill his responsibilities. I am left only to firmly believe and firmly can prove Carvana LLC in addition to its affiliates commited overt consumer fraud against me and in doing so severly violated Consumer Finacial Protection Act, UDAAP, Truth in Lending Act, ECOA, and AZ Lemon Laws blatantly  robbing me of my {$2900.00} Down Payment I paid and has posted as a debit to my account for such. Above all the vehicle is still unfixed in the shop and out of my posession to even fathom a return if I chose to do so, and still XXXX  has no formal approval from XXXX XXXX to Fix the Vehicle. Me and my family as I described to Carvana LLC shouldnt have to sacrifice our choice of vehicle  because they chose to DECEPTIVELY FALSIFY their advertisements and FAILED to fully address and fix the blatant issues I am having addressed in the mechanic shop now which again still havent been granted approval by XXXX XXXX to even start the repairs, and clearly shouldnt have been a problem in the first place before they list a product for sale as fully operable in all areas per their own inspection and details within the advertisement page online. I can only come to one conclusion from my experience, understanding of the presiding laws, and the nature of conduct/gravity of their violations

Company response to consumer: Closed with explanation