Consumer complaint received 2023-09-28
Company: Auto Trakk, LLC
State: PA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX TO WHOM IT MAY CONCERN : Subject : Complaint Regarding Unfair and Fraudulent Transaction Involving a Defective Vehicle Dear Sir/Madam, I am writing to file a formal complaint with the Consumer Protection Commission , concerning an unfair and fraudulent transaction that I experienced with XXXX XXXX XXXX XXXX and its partner, Auto Trakk LLC . This transaction not only involved the sale of a defective vehicle but also included misinformation about the vehicle 's condition and mileage, which had a significant impact on my rights and financial well-being. 

Background Information : I purchased a XXXX, XXXX, XXXX from XXXX XXXX XXXX XXXX in XX/XX/XXXX. The purchase agreement stipulated that the vehicle was being sold " as is, '' but the representation of the car 's details within the agreement was deceptive. The dealership claimed that the vehicle had only XXXX miles and was in excellent condition. Unfortunately, after purchasing the vehicle, I discovered that the actual mileage exceeded XXXX miles beyond what they had reported, and the car had already begun experiencing transmission issues. Typically, a XXXX XXXX like the one I purchased is known to develop transmission problems at around XXXX to XXXX miles. I would not have bought the car had I been aware of the true mileage and its resulting transmission issues. 

Reporting the Issue : In XX/XX/XXXX, just a month after the purchase, I reported the discrepancies in mileage and the vehicle 's condition to both [ Dealership Name ] and Auto Trakk LLC. I continued to report the issue every month thereafter, but neither entity provided a satisfactory response until I ultimately returned the car in XX/XX/XXXX. Despite returning the vehicle, they persisted in keeping the car on my account, labeling it as a voluntary return. This erroneous classification has negatively impacted my credit score and has impeded my ability to secure a student loan required to pursue my doctoral program at XXXX University. 

Attempts to Resolve the Issue : I have made multiple efforts to have this incident rectified. I requested the removal of the derogatory information from my credit report, but both XXXX XXXX XXXX and Auto Trakk LLC have refused to cooperate. They have not only breached our original agreement, which clearly violates my consumer rights, but they have also disregarded the lemon law. 

Furthermore, they suggested that I retain the vehicle with reduced payments, which is not what I agreed to when I initially made the purchase based on the misrepresented facts within the agreement. Despite my objections and the explicit acknowledgment that the car 's information was misrepresented, they have relentlessly pursued payment from me, even charging fees since XXXX. 

Request for FTC/CPC Intervention XXXX I kindly request the FTC's/CPC 's assistance in thoroughly investigating this matter and ensuring that my rights as a consumer are protected. Specifically, I am seeking the following remedies : 1. Removal of the derogatory information related to this transaction from my credit report. 
2. Resolution of the breach of the agreement by XXXX XXXX XXXX XXXX and Auto Trakk LLC. 
3. Appropriate punitive actions against the dealership and its partner for engaging in unfair and deceptive business practices.

4. Compensation for the financial and emotional distress caused by this transaction.

I am willing to provide any necessary documentation or additional information to support this complaint and aid in your investigation. My goal is to find a fair and equitable resolution to this matter and to prevent other consumers from falling victim to similar deceptive practices. 

I appreciate your attention to this serious matter and look forward to a prompt response from the FTC/CPC . Please do not hesitate to contact me at XXXX or XXXX if you require any further details. 
Thank you for your time and assistance. 

Sincerely, XXXX XXXX XXXX XXXX XXXX

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation