Consumer complaint received 2024-07-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: CarMax, Inc. (CA)

CarMax Auto Finance is in violation of multiple laws set forth by Congress regarding the following account # XXXX. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer XXXX XXXX XXXX and the person making the report at CarMax Auto Finance. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( CarMax Auto Finance ) shall not furnish any information relating to a consumer like me to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. CarMax Auto Finance can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, Income CANT be reported on a consumers credit report. This action makes reporting of this account inaccurate. The IRS says a Cancelled debt or charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from CarMax Auto Finance for the cancelled debt of {$5700.00} to file as ordinary income. I would like a copy of my 1099-C from CarMax Auto Finance . They are committing fraud by writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than {$600.00}. CarMax Auto Finance is getting reported to the IRS immediately. They are providing incorrect inaccurate information. CarMax Auto Finance agreed not to share my information with non-affiliates per their terms and conditions. XXXX, XXXX, and XXXX are not affiliates of CarMax Auto Finance, nor are they " bureaus ''. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer XXXX have given you written, non-written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non-written, verbal, and non-verbal per 15 USC 6802. They have a responsibility pursuant 15 U.S. Code section 1681. A remedy would consist of 1 ) Sending my copy B of 1099-C. 2 ) Removal of charge-off with all three credit agencies. 
CarMax must refund the remaining balance of the consumer account upon its termination. This is your 7 days notice to return ALL money due from this consumer account. XXXX Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months.