Consumer complaint received 2023-09-11
Company: DriveTime
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
Drive Time XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AZ XXXX Subject : Cease and Desist, Demand for Full Compensation, and Legal Action Notice I am writing to express my deep dissatisfaction and concern regarding the recent actions and business practices of Drive Time XXXX XXXX XXXX XXXX. It has come to my attention that your company has engaged in a series of unlawful activities, including the unauthorized sale of my vehicle, noncompliance with licensing requirements in Georgia, and fraudulent actions that violate the terms of our contract. This letter serves as a formal demand for immediate rectification, full compensation, and a cease and desist of all illegal activities. 

Firstly, I, as the holder in due course of the vehicle contract, demand that Drive Time XXXX XXXX XXXX XXXX immediately compensate me for the full value of the vehicle, including the gap amount that was paid off. Your company 's unauthorized sale of the vehicle to a salvage firm for approximately {$5000.00} is a clear violation of our contract and is considered illegal. I expect full reimbursement of the vehicle 's value, which was agreed upon in the contract, without any further delay. 

Furthermore, it has come to my attention that Drive Time XXXX XXXX XXXX XXXX does not possess a valid license to conduct business in Georgia. This lack of proper licensure raises significant concerns about the legitimacy of your operations within the state. I demand that you provide evidence of compliance with all applicable licensing requirements in Georgia. Failure to provide satisfactory evidence will be construed as an admission of noncompliance and will be reported to the appropriate regulatory authorities. 

I also assert that Drive Time XXXX XXXX XXXX XXXX has engaged in fraudulent practices that refute the principles of our contract. Your company 's sale of the vehicle to a salvage firm, despite the contract being in full force, is a clear violation of our agreement. This illegal action has caused significant financial and emotional distress. I demand that you explain and rectify these fraudulent practices immediately. 

Please be advised that I am prepared to take legal action to protect my rights and seek appropriate compensation for the damages incurred. I have retained copies of all relevant documentation, including the vehicle contract, correspondence, and any other pertinent records. These documents will be utilized to support my legal claims against Drive Time XXXX XXXX XXXX XXXX. 

This letter also serves as a formal cease and desist notice. I demand that Drive Time XXXX XXXX XXXX XXXX immediately cease all illegal activities, including the unauthorized sale of vehicles and any other actions that violate the terms of our agreement. Failure to comply with this cease and desist notice will result in further legal action, including filing complaints with regulatory authorities and pursuing damages through litigation. 

I expect a written response to this letter within [ reasonable timeframe, of 14 days ] from the date of this letter. Your response should address all concerns raised, provide evidence of compliance with licensing requirements, and outline the steps taken to rectify the situation and compensate me appropriately. Failure to respond to this demand within the specified timeframe will leave me no choice but to pursue legal remedies to protect my rights and seek full compensation for the damages incurred. 

This letter is not intended to be a complete or exhaustive statement of my rights in connection with the matters involved. I expressly reserve all rights and remedies available to me under applicable laws and regulations. 

I strongly urge you to address these concerns promptly, cease all illegal activities, and provide full compensation for the damages caused. Failure to do so will result in severe legal consequences and significant damage to your company 's reputation.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation