Consumer complaint received 2023-04-25
Company: CarMax, Inc.
State: MI
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
On XX/XX/XXXX, and XX/XX/XXXX Carmax sent a third party to my home to take my personal property, identified by the VIN number, without my consent or prior notification. When I asked the third party to release my property, they refused and hurriedly took it, breaching the peace. This action directly violates the Dodd Frank Act, the Consumer Protection Act, and the US Constitution. The fact that they arrived at XXXX XXXX adds to their deceptive behavior. They had no judicial order, and the local police were not informed. 
Carmax violated my rights under 15 USC 6802 when they procured a third party and disclosed my personal information to them. Unless the consumer gives prior consent to the debt collector, or the court gives express permission, or it is reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector can not communicate, in connection with the collection of any debt, with anyone other than the consumer, their attorney, a consumer reporting agency, the creditor, the creditor 's attorney, or the debt collector 's attorney, as provided in section 1692b of this title. 
Carmax received a payment of {$500.00}, and I believed that my account was current and updated. I had also sent them an intent-to-sue letter prior to their issuance of a repossession order, but they ignored my attempt to resolve the matter outside of court. Instead, they chose to commit larceny by conversion, a Class A misdemeanor, by knowingly and intentionally exerting unauthorized control over my property. In addition, they continued violating my rights knowingly and willingly under 15 USC Chapter 41, Subchapter V : Debt Collection Practices 1692 ( a ) ( c ) ( e ) ( 6 ) ( e ) Purposes. The purpose of this subchapter is to eliminate abusive debt collection practices by debt collectors, ensure that those who refrain from using such practices are not competitively disadvantaged, and promote consistent state action to protect consumers against debt collection abuses. 
Carmax took or threatened to take nonjudicial action to effect dispossession or disablement of my property without any present right to possession or intention to take possession, in violation of 15 USC 1692f ( 6 ).

According to 15 USC 1601, Carmax should have notified me after receiving my payment that I was still in default and that the amount received would not cure any defaults. They were to issue a notice informing me that I needed to cure the default. However, Carmax did not provide a full, proper, and immediate notice upon receipt of my payment. No notice was given to me, even though Carmax accepted my payment on XX/XX/XXXX, which I believed brought the account current. Carmax claims that my payment was only a partial payment and that I still owed a previous balance, including late fees. Additionally, they claim that I owe late fees on the late fees I already paid, which is a violation of 12 CFR 102.636 ( c ) ( b ) ( iii ) 2.

Carmax has violated my rights on three occasions by hiring a third party to take possession of my property without any judicial involvement, despite my repeated requests for them to stop their deceptive debt collection practices. They collected from me outrageous fees that had to be paid to the third party towing agency and Carmax. I am seeking a refund of all monies paid and will pursue the third party agency that took part in the conversion of my property.

Company response to consumer: Closed with explanation