Consumer complaint received 2024-10-08
Product: Vehicle loan or lease — Loan
Issue: Repossession — Voluntary repossession
Company: DriveTime (GA)

The vehicle was purchased after applying via their website where a down payment amount was advertised, however, the amount due at time of purchase was more than what was stated via the website, nor was the vehicle I reserved available, in which case I had to choose another vehicle. After having the vehicle less than 3 months, minor problems began to occur which were ultimately covered under warranty. Once the warranty expired, a major issue occurred with the vehicle that was deemed unfixable due to the part no longer being manufactured and no available backstock of said part. This information was provided to me via a reputable and XXXX preferred auto repair shop. The part information is attached At this time the vehicle was no longer driveable, no longer fixable and I had exhausted ofver {$800.00} cash to try getting it fixed. In falling behind on payments, I spoke with the finance company and my insurance company as well as DriveTime to see if any assistance would be available. DriveTime referred me back to the finance company as they then advised that there was nothing they can do. About a month later, they repossessed the vehicle from my front yard but not before the agent to repossess my vehicle called my phone to advise that he doesn't know my address. I advised that I would not give that information over the phone and that he would need to speak to the company who contracted him to find out that information due to me not being advised that this individual would be repossessing my vehicle and me not being able to properly identify the person who was calling me or the company he was affiliated with. The agent began to shout at me on the phone and I disconnected our call. Later that evening the vehicle was no longer in my driveway. 
In XXXXXXXX XXXX XXXX I was served from a sheriff the intent to sue for the remaining value of the repossession via DriveTime. Due to there being an arbitration clause in my initial contract that was also provided with the judgement, I motioned to have the case dismissed on grounds that no arbitration had been executed nor had I been notified whether arbitration would occur from DriveTime. 
I am currently seeking damages and intend to file a complaint with the FTC due to several factors which are : - Breach of Contract Failure to provide a working vehicle. 
Failure to repair or replace a defective part as required by the contract or warranty. 
- XXXX XXXX of XXXX XXXX a vehicle that was not fit for its intended use. 
Failing to honor the implied warranty that the vehicle would function as expected. 
- Violation of Consumer Protection Laws Misrepresentation or failure to disclose material information about the condition of the vehicle. 
Engaging in unfair or deceptive practices in the sale or financing of the vehicle. 
- Magnuson-Moss Warranty Act Failure to repair or replace the defective part under a written or implied warranty. 
- XXXX or XXXX XXXX XXXX or false statements about the vehicles condition. 
Failing to disclose known issues, such as the discontinued part. 
- Unfair Debt Collection Practices Harassment, threats, or other improper debt collection practices. 
Attempting to collect a debt in bad faith, knowing the vehicle was defective.