Consumer complaint received 2018-11-08
Company: Carvana Group, LLC
State: MI
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem with paying off the loan

Complaint:
I am writing this letter and complaint regarding the recent horrifying car buying experience I have had with the Online Car Dealership Carvana.com. I am not a new customer this is my 2nd time around dealing with Carvana with a car purchasing experience and neither 1st nor 2nd experience with Carvana has been a pleasant one which leads to the point of typing and filing this complaint against their company. 

XX/XX/2018 I went online to attempt to consider purchasing another car, and decided to trade the XXXX XXXX with ( XXXX miles ) I purchased from Carvana last year in XXXX back in through them this time around in XXXX. Went online provided Carvana the Accurate pay off information XXXX, submitted the trade in appraisal information the Finance Company XXXX XXXX who holds the lien loan information on the vehicle. Carvana website calculated my information came back with a trade in credit of XXXX valuing the XXXX XXXX, paying off the XXXX pay off and applied the XXXX as a trade credit towards the New XXXX XXXX XXXX XXXX XXXX principal balance, and the pay amount for the XXXX XXXX which Carvana states left a - $ XXXX-pay off balance on my loan. 

In which left me in amazement, I then made a phone call to Carvana after submitting my check stubs, drivers licenses, and registration for the trade all to be verified thru their verifications department. XX/XX/XXXX Spoke with Representative Name XXXX, in which she verified all my information was correct and submitted, verified that Carvana had the 10 days pay off for the XXXX XXXX and yes everything looked good to go. 

I waited a day thought about the deal called Carvana back a second time because this was just too good to be true. XX/XX/XXXX I then reached an agent by the name of XXXX in which she works in the solutions department and asked XXXX to give me step by step break down of the deal and why they were offering to pay off my loan and giving my pay off amount back as a trade credit towards the XXXX. XXXX verified the information in the system once again, told me that Carvana would pay off the - {$15.00} that was left on my loan after they applied the credit, would then give that XXXX as a trade in credit towards the XXXX which would bring my financing term for the new vehicle out at XXXX. Selling price for the XXXX XXXX XXXX XXXX was XXXX XXXX XXXX ( extended Warranty 100,000 mile thru Carvana =XXXX ( 317 Monthly Payment ) financed out the door. 

After Speaking with the verifications department, I was told under writing team would review my deal, verify my pay off information with the finance company if everything checks out the deal would be approved. XX/XX/XXXX, I received an email from the Carvana underwriting department informing me that my Deal had been approved and that they were going to proceed with scheduling delivery of my vehicle to me, in which was set originally for 7-day delivery. Also on XX/XX/XXXX received an email from the logistics department apologizing stating they had to delay delivery of my vehicle and I wouldnt get it until XX/XX/XXXX due to the transfer truck missing the pickup of my vehicle from Arizona where the Inspection center is located. Called Carvana to change the date again  verified again with XXXX a 2nd time that all the information was correct the underwriting team did in fact approve me and everything was good to go, ( confirmed by XXXX ). 

XX/XX/XXXX arrives Carvana delivers me the XXXX XXXX XXXX XXXX and take possession of my XXXX XXXX XXXX XXXX XXXX sport signed final contracts for buying the new vehicle singed the title to the XXXX, and also signed the title to the XXXX over to Carvana. I took the XXXX Carvana pulls off with the XXXX all is good. Upon getting the new vehicle, I called in because there was a discrepancy with me not having the title to Carvana in which Carvana then advised me to drop off my title to the XXXX at their Hub location ( XXXX XXXX   ) ( Carvana Hub ) here In XXXX Michigan. While on that phone call the representative XXXX stated that there was system error mistake made on carvanas part in which my trade in value was miscalculated via their system and that they would own this mistake go ahead and pay off the XXXX and I was told to enjoy my XXXX. XX/XX/XXXX after speaking with XXXX, XXXX Solutions Supervisor called me back and stated I needed to submit XXXX down payment or they were confiscate my vehicle under Repossession Purposes. 

In which the title was signed over to the XXXX and the title for me taking the XXXX was signed on my part and signed by Carvana ( XX/XX/XXXX ). Now Carvana is accusing me of defrauding their company and submitting false information through my car buying process for the new XXXX Vehicle, in which all my information was correct and Carvana verified the information was correct via their verifications department as well as their underwriting team over the phone and by email. Defrauding the company accusations are bogus due to me being a returning customer, that was already buying a car from Carvana and financing loan thru their in-house financing department ( XXXX XXXX ) in which they have all this information pertaining my current loan and pay off information for the vehicle that was traded back into Carvana in their  systems 100 %. 

I have received a letter and phone threats from their company accusing me of fraud threatening to repossess the car I am currently 4 months ahead on in payments, if I dont surrender the Vehicle due to this Mistake that their underwriting department had made. They are offering me XXXX payments for their mistake in which I dont understand why they are offering to pay me money when they are accusing me of fraud and providing false car buying information.

Carvana is holding my plates which the temp plate on my new vehicle has expired as of XX/XX/XXXX neither has the car been registered in the state of Michigan where I am now a 6 Year resident and it has been now over 120 days since this whole deal took place and my contract agreement has been into effect. 

Ive had possession of my new vehicle since XXXX XXXX. Carvana is now requesting I provide them a XXXX-down payment to stay in my XXXX and XXXX a month car payment in which will not agree to because this would reconstruct my financing terms for the new vehicle and cause a catastrophic strain in my finances that were already worked out and planned via the new agreement with the XXXX and approved by underwriting. 

Upon trading in the XXXX the car payment were a month ahead and now since I have been going through this ordeal my loan on the XXXX is Default and now affecting my credit report and score. Carvana is now making threats to not pay off my XXXX XXXX in which a Purchase agreement was signed that they would, and also threating to repossess the XXXX I am in possession of and Current on Payments 5 months in advance. I am now attempting to negotiate so that I do not have to seek legal Counsel, during the negotiation process Carvana is not living up to their Mistake in this matter and placing the blame on me the returning customer as if I purposely put myself through this emotional and physically stressful situation. 

XXXX XXXX is my point of contact the solutions supervisor I am now going back and forth with pleading with Carvana to make this right. XXXX has also placed blame on myself through this entire process but did admit to the system error and also admitted to not verifying any of my information before opening a new loan in my name with XXXX XXXX XXXX, also stated that Carvana would be seeking legal action against me If I will not Voluntarily Surrender my Vehicle to their company! 

I spoke with XXXX XXXX again on XX/XX/XXXX in which he stated to me since I will not agree with any of the offers they have made and wont sign the NDA agreement they will forcibly repossess my car Drop the XXXX XXXX on in front of my House and Then XXXX Me the Keys and I am like this has to be a complete Joke!!! I have filed complaints with the XXXX  of Arizona and Michigan, Attorneys Generals Office of Arizona, Georgia, and Michigan. I am sure Carvana shareholders and investors would like to know how their underwriting department could make this type of mistake and then turn around blame me the consumer for defrauding their company when Carvana assured me everything was all good to go and delivered me my new Vehicle. 
I have stated to Carvana several times I have no problem with returning them their XXXX and obtaining the XXXX XXXX but it will be under fair terms in which I am in agreement with as the consumer and person suffering gravely the consequences behind carvanas underwriting department HUGE MISTAKE. 

It is now XX/XX/XXXX and this issues is still not resolved and XXXX XXXX stated to me at this point they will not be compensating me and they will be moving forward with the repossession and drop off the vehicle I traded in which is completely against the law and considered auto theft by dealer in the state of Michigan. As of XX/XX/XXXX Carvana moved in their course of action and Repossessed the XXXX XXXX XXXX XXXX which now they have both the XXXX XXXX XXXX and the XXXX XXXX XXXX in their possession. I have had several writing communications with their legal department to attempt to resolve this issue before seeking legal counsel but do to Carvana request for me to sign a Non-Disclosure Confidentially Agreement without reasonable terms Ive asked for I am seeking legal counsel. We can not come to a reasonable or fair agreement on placing me back into the traded in XXXX XXXX due to my argument that the car has been sitting now for 5 months in Carvanas hand in which I do not trust their company. I have asked for a warranty to cover me from the trade in mileage XXXX to XXXX miles in which Carvana declines. As of XX/XX/XXXX, I received an email from the customer advocate department explaining to me that XXXX XXXX would be picking up the trade in if I will not surrender to their terms and placing it on my credit as a repossession. I can not understand how legally this is possible when theyve been in possession since XX/XX/XXXX and reporting this as a negative payment as if I have not been making payment on the vehicle. I look forward to hearing from someone from your agency regarding assistance with resolving this issue with their company! 

Contact : Email XXXX XXXX Attached are Documents Supporting My Complaint

Company response to consumer: Closed with explanation