Consumer complaint received 2024-08-28
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Changes in terms mid-deal or after closing
Company: Carvana Group, LLC (TX)

To Whom It May Concern, I am writing to formally lodge a complaint regarding the mishandling of my recent attempt to purchase a XXXX XXXX XXXX through XXXX. The series of events and actions taken by XXXX have caused me significant financial and emotional distress, and I am seeking immediate resolution in line with XXXX and federal consumer protection laws. 

Details of the Incident : On Sunday, XX/XX/XXXX, I initiated the purchase of a XXXX XXXX XXXX from XXXX and made a deposit of {$2200.00} to secure the vehicle. During a phone call with a XXXX representative, I was assured that all necessary documentation had been submitted and verified, and that I was fully prepared to pick up the vehicle on XX/XX/XXXX. I was explicitly informed that no further actions were required from my end. XXXX also provided a screenshot confirming that my order had been received and that my information was being verified, with an estimated completion time of XXXX days. 

On Monday, XX/XX/XXXX, at XXXXXXXX XXXX, I received a text message from XXXX from XXXX confirming that my order for the XXXX XXXX was scheduled for pickup on XX/XX/XXXX. The message offered an option to expedite the order by connecting my bank account with XXXX, which I promptly did. The text read : XXXX XXXX, its XXXX from XXXX again. We received your order for the XXXX XXXX set to be picked up on XX/XX/XXXX! A XXXX XXXX will start reviewing your order soon. Are you interested in learning about an easy way to speed up the verification process? 

Later that day, at XXXXXXXX XXXX I received another text from XXXX indicating that additional information was needed to finalize my purchase : XXXX here! We need more information to finalize your XXXX XXXX XXXX purchase and hold your appointment. Please visit your account for details and next steps. 

However, by XXXXXXXX XXXX on the same day, I was informed that the deadline for providing the requested information had passed and that my vehicle was sold to another customer. The message stated : Sadly, the deadline for verification has passed and we are unable to complete your XXXX order or keep your appointment. Check your email for details. Would you like to know about options for next steps? 

This was an unreasonably short window to respond, especially since I was at work and had been previously assured that my purchase was in good standing. I was on hold with XXXX customer support during this time, attempting to resolve the issue, but due to excessive wait times, I was only able to speak with a representative at approximately XXXXXXXX XXXX. By this time, the vehicle had already been sold to another customer, despite my efforts to resolve the situation. 

Unauthorized Withdrawal and Mismanagement : During my call at XXXXXXXX XXXX, I explicitly requested that the ACH transaction for the {$2200.00} deposit be canceled, as the vehicle was no longer available. I also informed the representative that I intended to look for an alternative vehicle and asked them not to process any further transactions with the funds in my account. 

Despite this, later that evening, XXXX unauthorizedly withdrew {$2200.00} from my bank account. This withdrawal occurred after the vehicle had been sold to another customer, making the transaction entirely unnecessary and unauthorized. 

Additionally, when I contacted XXXX on Tuesday, XX/XX/XXXX, I was informed that the delays and issues with my order were the result of internal failures in the underwriting process. Specifically, XXXX underwriters failed to request the necessary information from me in a timely manner. Despite these internal errors, XXXX proceeded to sell the vehicle to another customer and withdrew funds from my account. 

Violations of XXXX XXXX Laws : XXXX actions violate several consumer protection laws, including but not limited to : XXXX. Texas Deceptive Trade Practices-Consumer Protection Act ( DTPA ) : XXXX engaged in deceptive trade practices by failing to honor the purchase agreement, providing misleading communications, and withdrawing funds without authorization. These actions violate the Texas XXXX ( XXXX. XXXX. & XXXX. XXXX XXXX. XXXX ). 
XXXX. Federal Electronic Fund Transfer Act ( XXXX ) : The unauthorized withdrawal of {$2200.00} from my account without explicit authorization or a signed purchase agreement constitutes a violation of the XXXX, which prohibits unauthorized electronic funds transfers. 
XXXX. Uniform Commercial Code ( UCC ) Sale of Goods : Under the XXXX, XXXX was obligated to honor the agreed-upon sale terms once a deposit was made. Selling the vehicle to another customer after accepting my deposit and processing an unauthorized transaction violates these principles. 

Demand for XXXX : Given the severity of these issues, I am demanding the following actions be taken immediately : XXXX. A full refund of the {$2200.00} that was unauthorizedly debited from my account, including any interest accrued during the delay in processing this refund. 
XXXX. Reimbursement for all car rental fees incurred as a direct result of this situation, totaling approximately {$500.00} per week, and covering the period up to XX/XX/XXXX. 
XXXX. A refund of the {$190.00} shipping fee that was improperly charged, as the vehicle was sold to another customer. 
XXXX. A formal apology from XXXX for the distress and inconvenience caused by these actions. 
XXXX. XXXX assistance in placing me into a similar vehicle at the same price or better, with any necessary adjustments made to expedite the process. 
XXXX. XXXX that no further unauthorized actions will be taken against my account. 

Conclusion : If these demands are not met within XXXX ( XXXX ) business days from the date of this letter, I will have no choice but to escalate this matter by filing a formal complaint with the appropriate consumer protection agencies and initiating arbitration proceedings. Additionally, I reserve the right to seek legal counsel to pursue further action, including but not limited to damages for financial losses and emotional distress. 

Please return the funds via XXXX to my account. I can be reached at XXXX or XXXX to confirm receipt of this complaint and discuss the next steps XXXX will take to address these issues. 

Sincerely, XXXX XXXX XXXX or XXXX ( XXXX ) XXXX