Consumer complaint received 2024-05-15
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CarMax, Inc. (NC)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Carmax Auto Finance XXXX XXXX XXXX XXXX XXXX XXXX XXXX RE : Account Number XXXX Dear Sir or Madam : I am a victim of identity theft. I recently learned that my personal information was used to open an account at your company. I did not open or authorize this account, and therefore request that it be closed immediately. I also request that Carmax Auto Finance absolve me of all charges on the account, and that you take all appropriate steps to remove information about these accounts from my credit files.

Enclosed is a copy of my Identity Theft Report and the Identity Theft Victims Complaint and Affidavit supporting my position. Also enclosed is a copy of the FTC Notice to Furnishers of Information, which details your responsibilities as an information furnisher to credit reporting agencies ( CRAs ). As a furnisher, upon receipt of a consumers written request that encloses an Identity Theft Report, you are required to cease furnishing the information resulting from identity theft to any CRA. And it still is reporting on my credit report.

The Notice also specifies your responsibilities when you receive notice from a CRA, under section 605B of the Fair Credit Reporting Act, that information you provided to the CRA may be the result of identity theft. Those responsibilities include ceasing to provide inaccurate information to any CRAs and ensuring that you do not attempt to sell or transfer the fraudulent debts to another party for collection.

I have enclosed a copy of the Federal Trade Commissions Notice to Furnishers of Information. It explains your responsibilities under the Fair Credit Reporting Act ( FCRA ). The FCRA requires that debt collectors give an identity theft victim document related to an account if the victim asks. Please send me original certified copies of all records relating to the account, including : Account applications made on paper, online, or by telephone Account statements or invoices Records of payment or charge slips Delivery addresses associated with the account Records of phone numbers used to activate or access the account Signatures on applications and accounts Investigators report Also send the following : PROOF OF CONTRACT to substantiate your claim. Therefore, youll need to provide me with a CERTIFIED copy of an authenticated original contract with my signature, specifically naming, Carmax Auto Finance, as an entity entitled to enforce a commercial claim against me.

*Certified shall be done through the presence of a notary public, who authenticates and duly swears the copy made is in fact a copy of the original paper contract in question ( meaning the original contract from the original creditor would need be provided to the notary, and the notary would need to make the copy themselves ).

You will also need to provide the following : 1. Provide a CERTIFIED copy of Authorization signed by me, naming your company as having my consent to furnish, update, verify inquiries, and add comments and/or dispute.

codes of any access to my personal credit report/file.

2. Provide a Certified copy of my full chain of assignment starting with the original creditor to any and every 3rd party collection company to present.

3. Provide a full accounting. Every charge, every payment, every fee, interest, credit, and any other amount attributed to the alleged account, and the date on which each event.

occurred, as well as a description of each event or purchase causing an amount to allegedly be owed.

Please investigate this matter, close the account and absolve me of all charges, take the steps required under the Fair Credit Reporting Act, and send me a letter explaining your findings and actions. 

Sincerely, XXXX XXXX Enclosures : Identity Theft Report Identity Theft Victims Complaint and Affidavit FTC Notice to Furnishers of Information [ PDF ]