Consumer complaint received 2024-06-11
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: CarMax, Inc. (FL)

1. I am of legal age and competent to make this affidavit. 2. I have personal knowledge of the facts stated herein, and all statements made in this affidavit are true and correct to the best of my knowledge and belief. 3. The matter herein involves the trust account for XXXX XXXX XXXX and XXXX XXXX , associated with account number Social Security numbers WITH NO DASHES. The social security numbers used in the Buyers Order to purchase the vehicle of XXXX XXXX XXXX Per 15 U.S. 3-104 XXXX XXXX were signed by the XXXX XXXX , XXXX XXXX and XXXX XXXX who in turn created the payment for the full purchase amount of vehicle of {$26000.00} with XXXX XXXX  XXXX, described as a XXXX XXXX XXXX XXXX, XXXX. The XXXX XXXX are not liable for payment. The promissory note that was created as the Buyers Order was then Endorsed on the back in turn releasing XXXX XXXX XXXX and XXXX XXXX XXXX from any liability. The dealership, CarMax, that endorsed the back of the payment as the liable party now becomes liable for the payment. Therefore CarMax XXXX should be collecting from the endorser of the promissory note. I, XXXX XXXX, XXXX XXXX and XXXX XXXX were NEVER responsible for the terms and conditions of the Loan and security agreement making it fraudulent. 4. The XXXX should have been given to the XXXX XXXXe once the Buyers order was signed as proof of ownership. Instead CarMax had the XXXX destroyed by the XXXX XXXX XXXX office and then used the title to place a fraudulent lien on a vehicle that was bought and paid for with the Trust account and Social Security Account number. 4. The Authorized Representatives can not be held liable for the Retail Installment Contract as the Authorized Representatives we fraudulently coerced per XXXX XXXX XXXX ( XXXX ). XXXX. The Authorized Representatives were not aware at the time of signing that they were creating the payment in full to CarMax and that XXXX XXXX XXXX and XXXX XXXX were XXXX XXXX XXXX in that Buyers Order. The Authorized representatives NOW are aware of the positions held in the Buyers Order and that CarMax is now the liable party. 6. The XXXX XXXX now understand how the fraudulent activities of CarMax and XXXX XXXX were used against them, without knowledge in the purchase of the vehicle. 7. The contract was also fraudulent as CarMax illegally forced the XXXX XXXX into placing a cash down payment in connection with a consumer credit transaction in the amount of {$5000.00} per 15 U.S. Code 1662 ( b ), and 15 USC 1662 advising of a down payment and installations 7. I am now aware of Truth in lending act regulation Z, contract laws and consumer rights laws as well as the securities the XXXX XXXX SIGNED under deceitful and fraudulent wrong doings of of CarMax and CarMax XXXX. 8. I am aware that I am owed all of my securities back that have been paid including the interest and Down Payment to CarMax and CarMax XXXX as they are XXXX XXXX XXXXt with holding from me. 9. CarMax is unable to provide me with a wet ink signed buyers order even though I have asked for this document XXXX times. 10. There is no timeline for the right to rescind based on fraudulent activities of the XXXX corporations that defrauded me and stole the securities of XXXX XXXX and XXXX XXXX . 12. I declare under penalty of perjury under the laws of the State of XXXX that the foregoing is true and correct. 
In my complaint I wish to add that I am demanding proof of adequate assurance of due performance per UCC 2-609 which states : ( 1 ) A contract for sale imposes an obligation on each party that the other 's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return. ( 2 ) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards. ( 3 ) Acceptance of any improper delivery or payment does not prejudice the aggrieved party 's right to demand adequate assurance of future performance. ( 4 ) After receipt of a justified demand failure to provide within a reasonable time not exceeding thirty days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract. I want FULL DISCLOSURE- I want to proof that XXXX XXXX principles per XXXX was followed. Under 16 cfr44.3 CarMax and CarMax XXXX failed to inform me that we were co-signing for our legal persons. Per 15 USC 1635 CarMax and CarMax XXXX did not disclosure both forms outlining the right to rescind which explains the steps I would need to take in order to rescind. Per 15 USC 6802 and 15 USC 1681- I also had the right to OPT out of consumer credit reporting and should have received PRIOR to information being reported all the necessary forms needed to OPT out but I was never provided those either. And the list goes on and on.