Consumer complaint received 2021-05-12
Product: Debt collection — Auto debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Carvana Group, LLC (SC)

On XX/XX/2021 I entered into a consumer credit transaction, XXXX XXXX XXXX ( i ) with XXXX, XXXX to purchase a vehicle for personal use. I gave my credit card,XXXX XXXX XXXX ( l XXXX, to XXXX XXXX XXXX  , for this credit sale XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  accepted my credit card and charged a finance charge of {$11000.00}, which is a discount and the sum of all charges,XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX  ) and XXXX XXXX XXXX XXXX XXXX ). XXXX XXXX used deceptive and false documents to get a loan in my name to create the false belief that I, the original creditor, owes a debt when this was a consumer credit transaction and XXXX XXXX received full consideration of {$30000.00} from my credit card. This is a direct violation XXXX XXXX XXXX XXXX j ) of federal law. XXXX XXXX did not provide me any disclosures of my right of rescission which is a direct XXXX XXXX XXXX XXXX  a ). On XX/XX/2021 I exercised my right of rescission pursuant to XXXX XXXX XXXX XXXX  a ) and rescinded the transaction. Pursuant XXXX XXXX XXXX XXXX XXXX ) I am not liable for any finance or other charge, and any security interest that was given, including any such interest arising by operation of law, is now void upon such a rescission. Pursuant to XXXX XXXX XXXX XXXX b ) XXXX XXXX was to return to me any money or property given as earnest money, downpayment, or otherwise, and take any action necessary or appropriate to reflect the termination of any security interest created under the transaction within 20 days after receipt of a notice of rescission. Pursuant to XXXX XXXX XXXX XXXX  b ) any property delivered by XXXX XXXX to me, I may retain possession of it upon the performance of XXXX XXXX XXXX obligations under this section, I shall tender the property to the XXXX XXXX, except that if return of the property in kind would be impracticable or inequitable, I shall tender its reasonable value. Tender shall be made at the location of the property or at my residence, at my option. Pursuant to XXXX XXXX XXXX XXXX a ) if XXXX XXXX did not take possession of the property within 20 days after tender by me, ownership of the property vests in me without obligation on my part to pay for it. I mailed my rescission documents to XXXX XXXX on XX/XX/2021 shown in Exhibit G and it was received by XXXX XXXX on XX/XX/2021 shown in Exhibit HXXXX XXXX XXXX  has not returned the {$30000.00} that was taken from my credit card. XXXX XXXX has not terminated the security interest that was created. XXXX XXXX  did not perform any of their obligations under XXXX XXXX XXXX XXXX b ) within the 20 days and could not take possession of the property with in the 20 days allotted under XXXX XXXX XXXX XXXX b ) in which ownership of the property vests in me. On XX/XX/2021 XXXX XXXX presented documents to me to give them limited power of attorney to act as my agent for the registration on my property stating that this is the only way to register my car in my state which is SC. I signed giving them limited power of attorney on on XX/XX/XXXX. On XX/XX/2021 I revoked the limited power of attorney appointing XXXX XXXX as my agent pursuant to XXXX XXXX  probate code Article XXXX XXXX XXXX as shown in Exhibit I, and it was delivered and received by XXXX XXXX  on XX/XX/2021 as shown in Exhibit H. On XX/XX/2021 I sent a Rejection Notice of the arbitration agreement to the alleged contract to XXXX XXXX  as shown in Exhibit F. It was delivered and received by XXXX XXXX  on XX/XX/2021 as shown in Exhibit H. XXXX XXXX has shared my nonpublic information with XXXX, a non affiliated third party debt collector to collect on a debt that I do not owe. On XX/XX/2021 XXXX XXXX sent me an email stating that XXXX XXXX has partnered with XXXX, an industry leading auto loan servicing company, to provide you with great customer service throughout your XXXX XXXX XXXX You XXXX have already heard from XXXX, but we wanted to remind you that your first payment is coming up fast. '' I never gave XXXX any consent to share my nonpublic personal information with XXXX  and there is no contract with XXXX  These actions have violated my right to privacy and caused me harm. This is criminal and a direct violation of XXXX XXXX XXXX XXXX  a ), XXXX XXXX XXXX XXXX 2 ) and XXXX XXXX XXXX XXXX  b ). On XX/XX/2021 I sent an affidavit of truth notarized under the penalty of perjury to XXXX XXXX stating all facts of what happened and what violations they are liable for. On XX/XX/2021 I sent XXXX XXXX a cease and desist refusing to pay this alleged debt and demanded that XXXX cease all forms of communication with me through any and all mediums, invoking my specified remedy as the original creditor pursuant XXXX XXXX c ) XXXX 2 ) demanding XXXX XXXX  zero out the balance on this account, pay the attached invoice and compensate me for every violation committed under federal law by check, remove the security interest and send my title to my property lien free and put a permanent credit of XXXX to my account. I sent a debt validation letter and Invoice for the violations and actual damages they have caused. XXXX XXXX is trying to commit fraud and cause me the consumer and original creditor hardship and damage through their attempts to collect on a debt that I do not owe for which does not exist. XXXX XXXX has received full consideration of {$30000.00} and there is no debt. I demand that XXXX XXXX provide me a audit trail pursuant to XXXX for this account to show the ledger for which XXXX XXXX says they have provided credit to me for my property for which they say I owe.