Consumer complaint received 2024-01-30
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: CarMax, Inc. (GA)

On XX/XX/XXXX at XXXX, I recorded a phone call with a customer service representative in the repossession department. I originally called the customer service department and was redirected to collections. I proceeded to ask why this is so as it's only been XXXX months since my last payment. I asked for a payment arrangement, or any help as I was unemployed and awaiting XXXX benefits. I explained that this year took unexpected turns and have been avidly on time before my hardships. She said that I have exhausted their extensions that they add at the end of my payment terms and there was nothing she could do. She explained that I was on the XXXX day and my car was " due to be repossessed on the XXXX. '' I explained to her that it was illegal as Federal laws give consumers 90 days before any action is taken. '' After some back and forth, she claimed to review the file and corrected herself. She demanded a card on file for the XXXX payment of {$270.00} by the XXXX to process on the XXXX, the due date. I asked for my original contract as it appeared that I was missing documents like the bill of sale. I looked in the paperwork signed at the dealership and they only gave me copies. I do not have any originals. She said that she could send over my payment history while I went back to check my documents. 
I called back on the XXXX of XXXX and was redirected again. Noticing that my account was already in " review for repossession '' before the allotted time since the middle of XXXX ( I was written correspondence that proves this as well ). So when the representative answered, I began to question their ethics and direct violations of the laws. She stated that Carmax is entitled to repossess their vehicles at any given time. '' I asked her where did it say that on the contract and she said " it's in there. '' I had the copy of my contract on hand and pointed out that it never states that Carmax is their own jurisdiction, entitled to take someone's property at any time and without following proper procedure to notify so the consumer can take appropriate remedies. She ignored me and went back to asking for payment. I gave them my info and she said that it will be processed on the XXXX. Which was another attempt at misleading me. I explained again, that the due date is for the XXXX and should be processed on the XXXX. She repeated the same statement as before. 
Upon further research, I discovered direct violations and harmful misconduct from the CarMax corporation. On XX/XX/XXXX, I called back and asked to speak to the highest ranking service representative in the department. I spoke to XXXX who would not give me an identifier number. I listed the following USC codes and explained the process I am prepared to take to resolve damages I've encountered by these harmful practices. I asked for my original contract again to include the bill of sale with my signatures and notified him that I will send out these complaints to the CFO as well for my securities. His statement was " He answers the CFO 's mailings and is the one to resolve issues -- potentially in the consumers best interest. It is based on the situation at hand ... He has XXXX people a day stating these violations and they still require payment... He would hope that I signed the contract and has no problem sending it out ... and lastly, saying he can not give me what I am asking but he can take XXXX 's payment to try and help. '' He then gave me further misleading information by giving me the incorrect address to the CFO which I informed him that I knew he was lying and he was on record doing so. He stood by what he said and I pressed the matter asking how a Managing Supervisor handles CFO responsibilities. He said that's how they operate. I mentioned that if this is handled in arbitration, he understands purgatory and the amount I can pursue is well over the cost of the vehicle. He said he was okay with that. 

The same day as this conversation, FTC released a new rule that enforces its own rights to damages for these exact unlawful practices and scams. The XXXX rule mandates that for example, car dealerships have *real consent for all charges and full pricing plan. 

In my research, I have discovered that I am the creditor. Therefore, please show me who the creditor is on the application. I have yet to receive the documentation I've asked for after multiple attempts -- because they know that it doesn't exist. I was given another copy this time of the bill of sale. Where it only states that CarMax is the seller. Again, this is not the original yet this represents the criminal acts performed against me. My securities tendered the promissory note upon signature. Deeming the car paid in full. It is my suspicion that my securities are being used in trusts as well without my knowing. I am in the process of researching this as well. 
In my discovery thus far, this company is in direct violations of the following laws : 15 USC-1611 criminal liability, false and misleading 15 USC 1692J deceptive forms USC3505 evidence of dishonor 15 USC one caught in a lie 15 USC 1666 B no late payments 15 USC 61662 advertising down payments and installments. 


Attempts at remedy : My car was in fact illegally repossessed on or around XX/XX/2024. I say around because I never received any written correspondence mailed to me stating repossession taking place. Failure to provide proper notice : According to the Truth in Lending Act ( TILA ) and the Consumer Leasing Act ( CLA ), a creditor must provide written notice to the borrower before repossession can occur. 

On XX/XX/2024, a letter was mailed to Carmax with no response to their violations and request to remedy. They mailed out a letter stating that my car would be sold on XX/XX/2024 if payment was not paid in full and that I would be notified of the sale proceeds and/or receive payment. I have not gotten any correspondence again. 

On XX/XX/2024 I sent another letter following up and reminding them of Federal laws they are in violation of. I gave them 5 days to respond.