Consumer complaint received 2021-07-02
Company: CarMax, Inc.
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
Under Title 15 chapter XXXX, I am a federally protected consumer, a natural person, the administrator, and the original creditor according to 15 USC 1602 ( f ) ( e ) and I am the person who regularly extends credit according to 15 USC 1602 ( g ) ,15 USC 1601, 15 USC 1602 ( f ). 

I XXXX XXXX XXXX entered into a consumer credit transaction with CarMax Auto Finance. In this consumer credit transaction in which I granted CarMax the right to be the creditor ( see finance charge on the contract specifying that ), CarMax supplied the California Retail Installment Contract and the debt, however, this contract is a deceptive, misleading document according to 1692 ( j ). In the security clause of the California Retail Installment Contract, it states they were given collateral THE SECURITY INTEREST YOU ARE GIVING US SECURES ALL AMOUNTS OWED BY YOU UNDER THIS CONTRACT AND ALL THE OTHER AGREEMENT YOU HAVE MADE IN THIS CONTRACT. My consumer rights were violated on multiple levels which I will explain ; the finance charge is the sum of all charges according to 15 USC 1605, and when theres a finance charge involved insurance should be included, however, CarMax demanded insurance before the purchase. When a finance charge is involved it should include no cash in a private consumer transaction according to 15 USC 1605 ( does not include charges of a type payable in a comparable cash transaction. ) CarMax demanded a down payment and {$3000.00} was what I paid on said down payment. I signed the contract under the organization XXXX XXXX XXXX with the social security card provided to CarMax. According to 18 USC 8, after XXXX the government assumed ALL liabilities that arise under transactions using your credit card XXXX Social Security Card ). I XXXX XXXX, the natural person, is not obligated or liable to CarMax auto finance alleged debt. In my Affidavit of Truth, which CarMax is in receipt of since XX/XX/XXXX, I revoked CarMax 's rights to be a creditor and I canceled the contract according to 31 USC 3718. CarMax can not originate credit ; they can only extend credit because I am the original creditor, the natural person according to 15 USC 1602.

Federal law states that any person sending you a " bill '' violates your consumer rights. CarMax is charging me for a transaction that is already paid for. They continue to pursue collection with fraudulent bills, violating the FDCPA. I have many bills with multiple violations on each, such as late payments. For example, since there was a finance charge involved, there should be no late payment fees. I have received many bills from CarMax alleging I owe late payment fees. CarMax Auto Finance Violates FCRA, FDCPA, and TILA. CarMax continues to solicit on this alleged debt and has negatively reported on my consumer credit report. This is defamation of character. I did not give CarMax Auto Finance direct consent to report on my consumer credit report, according to 15 USC 1692c ( a ). CarMax Auto Finance did not tell me about my right of rescission according to 15 USC 1635- the right of rescission. CarMax Auto Finance has been in receipt for more than 30 days of my letters including, an Affidavit of Truth, Cease and Desist, Debt Validation, and Exhibits showing violations with an invoice for remedy of such violations. They made no rebuttal to my affidavit, so it stands as truth in commerce and results in a default of judgment according to the federal rules of civil procedure rule 55 or summary judgment under rule 56. At this point, CarMax is infringing on my privacy, unauthorized and in violation according to 15 USC 1643 and 15 USC 1692 ( j ). This is ISSA fraud and a complete violation of Title 15, Chapter XXXX. Furthermore, on XX/XX/XXXX CarMax sent a repo man named XXXX XXXX an unauthorized third party, a XXXX ) from XXXX XXXX to my address to repossess my vehicle. Who gave XXXX my privileged and confidential information? In the California Retail Installment Contract, it states We may take ( repossess XXXX the vehicle from you as long as we do so peacefully. 1 ) CarMax did not repossess the vehicle themselvesthey sent a third-party vendor to my location to disturb the peace, violate my rights and unlawfully take my vehicle. Nowhere in the California XXXX XXXX XXXX does it say they will issue a THIRD-PARTY vendor to steal the vehicle. As aforementioned, said contract clearly says We to which the Repossessor is not employed by CarMax. 2 ) CarMax can not repossess something they do not own this is THEFT, FRUAD, and IDENTITY THEFT and is completely ILLEGAL. I told the Repossessor that there is a Cease and Desist in place, and he did not have my permission to take the vehicle. I also disclosed to him, CarMax has violated my rights by exposing my privileged and confidential information to a third-party vendor who I am not in contract with and do not know and further clarified that CarMax did not have the right to send him to my location to disturb my peace and illegally take my vehicle. I then called CarMax, while he witnessed, and spoke to multiple agents in upper Management XXXX XXXX and XXXX XXXX in which I explained/enforced the law. They proceeded to straw-man/minimize my claims and even instructed their third-party vendor to have their Repossessor steal my vehicle. CarMax Auto Finance will be persecuted for illegally utilizing my name and will be criminally liable for all violations according to 15 USC 1611, 15 USC 1640, 15 USC 1692e, Title 18 but not limited to.

That said, I demand the full remedy for violating my consumer rights and illegal wrongdoings against me, compensation for all pain and suffering caused, compensation for defamation of character and damaging my consumer report according to 1692k, refund for all sums of money collected on this fraudulent contract, return of my vehicle and title ( lien-free ), zero out the alleged debt and positively report to all reporting agencies.

Company response to consumer: Closed with explanation