Consumer complaint received 2023-05-31
Company: CarMax, Inc.
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I dispute the validity of the alleged debt. On XX/XX/2023, In good faith, I, XXXX : XXXX BENEFICIARY XXXX a flesh and blood living man, mailed bill of exchange remittance coupon to CarMax Auto Finance accepted for value received {$22000.00} for accord and satisfaction of obligation due. Pay to the order of : CarMax Auto Finance for special deposit such as bailment or general deposit account # XXXX. To dishonor return in 3 days. By Accommodation Without Recourse. UCC 3-603/UCC3-311 This instrument was received by CarMax Auto Finance on XXXX XX/XX/2023 XXXX evidenced by XXXX mail tracking XXXX XXXX XXXX XXXX XXXX XXXX ( See Exhibit 2 pg. 9 ) and the instrument was dishonored Violating : UCC 3-603 and UCC 3-311 to which ; UCC 3-603. TENDER OF PAYMENT ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. 
UCC 3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT ( a ) If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply. 
( b ) Unless subsection ( c ) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. 

I called multiple times and they said they were unable to find my tender which they received XX/XX/2023, USPS Tracking Number XXXX XXXX XXXX XXXX XXXX. ( See Exhibit 2 pg. 9. ) I sent registered XXXX ( Exhibit 10 ) to XXXX XXXX XXXX XXXX a copy of the Affidavit of Truth regarding my Billing Dispute Notice on XX/XX/2023 ; I also sent, the original Affidavit, to XXXX XXXX XXXX XXXX XXXX XXXX, Virginia XXXX Certified Mail Number XXXX XXXX XXXX XXXX XXXX, ( see Exhibit 3. ) to his corporate address. 
On XX/XX/2023, I added the collateral to Private Trust  : ( See Exhibit 4 ) Colorado Secretary of State Date and Time : XX/XX/2023 XXXX XXXX Master ID : XXXX Validation Number : XXXX After multiple attempts to resolve this billing error, in which XXXX XXXX XXXX XXXX CarMax Auto Finance continued their debt collection attempts, out duress I went online and made good faith tender through their porthole on XX/XX/2023 ( See Exhibit 5 ). The account was closed on XX/XX/2023 ( See Exhibit 6 ) and notice was sent to XXXX with updated balance on XX/XX/2023 ( See Exhibit 7 ). I called DMV on XX/XX/XXXX, to check on the status of title and they reported that CarMax has a lien against BENEFICIARY and there is none noted at the Secretary of State UCC commercial registry ( Exhibit 8 ). I then called CarMax and they stated my payment was reversed and if I do not pay a minimum of {$510.00}, they were going to repossess the motor carrier. I informed the agent that I had already tendered my remittance that was received on the XXXX of XXXX, and she stated " we did not find it and if you do not pay now, we will repossess it. Threatening to repossess property is a violation of FDCPA 15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt It is illegal to attempt to collect when there is a billing dispute per CFR 1026.13 ( d ) ( 1 ) ( 2 ) ( 3 ) ( 4 ) which XXXX XXXX XXXX XXXXCarMax Inc. received Affidavit via XXXX ( See Exhibit 10 ) XXXX XXXX XXXX ( refer Exhibit 3 ). 

On XX/XX/XXXX, I checked the Georgia Secretary of State Lien index ( See Exhibit 8 ) and there is no lien against me yet, CarMax is extorted, monies from me, and creating duress and anxiety with the threat of repossession of my motor carrier handing capping my ability to provide for my basic necessities, without responding to my dispute and after the tender was made UCC 3-311 ( a ). 

I am a victim of fraud of racketeering and XXXX XXXX XXXX XXXX/CarMax Auto Finance is attempting to get tenders from me under the threat of illegally taking my personal property, which is collateral of Trust, ( See Exhibit4 and 9 UCC Financing Statement ) The Truth in Lending Act is strictly a Liability statute liberally construed in favor of consumers. Truth in Lending Act Section 102 et. Seq Title 18 - CRIMES AND CRIMINAL PROCEDURE Part 1 Chap. 1 Sec. 8 Obligation or other security of United States The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. 

I am being denied my lawful due process and am under extreme duress resulting from these illegal debt collection practices.

Company response to consumer: Closed with explanation