Consumer complaint received 2022-08-05
Company: Carvana Group, LLC
State: GA
Product: Payday loan, title loan, or personal loan
Sub-product: Personal line of credit
Issue: Getting a line of credit

Complaint:
I am writing about Retail Purchase Agreement Georgia Stock number : XXXX to inform CARVANA, LLC of the fact I will be using 2022 XXXX XXXX XXXX  with VIN # XXXX privately. I am NOT doing commerce with 2022 XXXX XXXXXXXX XXXX Vin # XXXX and will be using it for the private use. I am writing today in good faith that CARVANA AUTO RECIVABLES GRANTOR TRUST XXXX will convenience such interest by the XXXX for XXXX XXXX TRANSACTION with the Stock XXXX he went into with XXXX, XXXX on XXXX, XXXX, 2022 for the delivery date of XXXX. Pursuant to 15 U.S.C 1679 ( a ) ( 2 ) The term consumer credit transaction means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. In stating so XXXX XXXX XXXX extended his consumer credit on the XXXX of XXXX, 2022 transaction for personal, family, or household purposes and nothing more or less and once again not for hire, sale, or commerce. 

" Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another 's Rights, he will be protected, not only in his person, but in his safe conduct. '' II Am.Jur. ( 1st ) Constitutional Law, Sect.329, p.1135 It is an actual fact that XXXX XXXX XXXX has every right to TRAVEL on the public roads without a DRIVER LICENSE CLASS ( C ) since he is merely traveling and not using the Public roads for commerce. As stated on the GEORGIA DEPARTMENT OF DRIVER SERVICES website Class C ( Commercial ) - licenses are issued only if the vehicle is designed to carry sixteen or more passengers ( including the driver ), or utilized to transport hazardous materials in quantities that require a placard. Knowledge and driving skill exams may be required upon initial issuance. ( source : https : //dds.georgia.gov/license-classes # : ~ : text=Class % 20C % 20 ( Commercial ) % 20 % 2D % 20licenses, be % 20required % 20upon % 20initial % 20issuance ). The Grantor will not be carrying sixteen or more people and most definitely not licensed to transport any hazardous materials in any state in which is why he is using it for private travel purposes. Since the Grantor is using it for private travel purposes and not commerce in which is the reason of not needing to register 2022 XXXX XXXX XXXX VIN # XXXX with the GEORGIA DEPARTMENT OF REVENUE ( GEORGIA DEPARTMENT OF DRIVER SERVICES ). Pursuant to Tile 26-INTERNAL REVENUE CODE 7001 ( a ) Every person engaged in any trade or business on which a special tax is imposed by law shall register with the Secretary his name or style, place of residence, trade or business, and the place where such trade or business is to be carried on. In case of a firm or company, the names of the several persons constituting the same, and the places of residence, shall be so registered. In which the Grantor is not using such 2022 XXXX XXXX XXXX VIN # XXXX for any trade or business but for private use only to travel on the public roads. 

Furthermore, it is an actual fact that the Grantor has an Security Interest in which secures payment or performance of an obligation of Stock Number : XXXX for 2022 XXXX XXXX XXXX  VIN # XXXX to U.C.C 1-201 ( b ) ( 35 ) Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. Security interest includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9. Security interest does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Section 2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a " security interest '', but a seller or lessor may also acquire a " security interest '' by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under Section 2-401 is limited in effect to a reservation of a " security interest. '' Whether a transaction in the form of a lease creates a " security interest '' is determined pursuant to Section 1-203. Proof of so is XXXX XXXX XXXX name, place of domicile, and amount financed on Retail Installment Contract and Security Agreement. In which with Grantors name is evidence of his right of possession of 2022 XXXX XXXXXXXX XXXX VIN # XXXX with Stock number : XXXX in which is a Promissory Note. Pursuant to U.C.C. 3-104 ( a ) Except as provided in subsections ( c ) and ( d ), " negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. In which this Retail Installment Contract and Security Agreement, is a promise to pay. Evidence of so is in the Sales Agreement sections that sates Payment. You promise to pay us the principal amount of {$24000.00} plus finance charges accruing on the unpaid balance at the rate of 27.900 % per year from the date of this Contract until maturity. After maturity, or after you default and we demand payment, we will charge at 27.900 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to the terms and conditions of this Contract. 
In accordance to U.C.C. 3-203 ( a ) & ( b ) ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.. By CARVANA, LLC transferring this Retail Installment Contract and Security Agreement to XXXX XXXX XXXX XXXX XXXX, 2022 at XXXX XXXX  via https : //www.carvana.com/purchase/order-placed? XXXX in DocuSign Envelope ID : XXXX. 
I sent this response above with CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX but unfortunately the only thing they sent back was a bogus denial letter ( through e-mail and never responding to my letter ) even though I got approved and they took my car I had complete security interest in. As well as CARVANA, LLC was trying to force me to provide them with a driver license because I am not even able to get one because I am not driving 16 or more people or carrying hazardous materials and am just traveling on public roads. In which is the only reason I didn't get this car and not because I got denied as I was approved.

Company response to consumer: Closed with explanation