Consumer complaint received 2024-11-05 00:00:00
Product: Vehicle loan or lease — Lease
Issue: Problems at the end of the loan or lease — Termination fees or other problem when ending the lease early
Company: Carvana Group, LLC
State: SC

Complaint narrative:
The account pertaining to the XXXX XXXX, is currently reflecting as a bad debt, I contacted them for two years. The first year I didnt drive the car as much upon driving the car and taking it to the shop, there were transmission issues. I than notice there was a class action where vehicle were being recall with an option for repair. My car was in the shop for almost a year and half, with no proper remedy. Upon informing XXXX Im not payments on a car I cant drive. XXXX than refuse to repair per class action lawsuit. And the vehicle was return per legal terms with my right to rescind the contract. I have not been able to rectify the issues with either company and I need it resolved. Removed from my credit report. And it being a bad debt because XXXX, Carvana and XXXX failed to rectify the issues.attched are a few copies of the issue at hand. I have more supporting documents. 
Right to Rescind XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX SC XXXX XX/XX/XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX CA XXXX Subject : Exercise of Right to Rescind Dear Carvana and XXXX, I am writing this letter to formally exercise my right to rescind the Retail Purchase Agreement and Retail Installment Contract and Security Agreement ] that was entered into between XXXX XXXX XXXX and Carvana LLC and XXXX XXXX XX/XX/XXXXXXXX 

According to 1026.23 Right of rescission, I have the right to rescind within 3 years from the date of signing. As such, I am within the allowed timeframe to exercise this right. 

TILA ( 15 U.S.C. 1635 ) gives borrowers an extended right to rescind within three years if the lender has failed to provide to the borrower either the notice of rescission or accurate material disclosures. In you all case documents and correct information I hereby declare my decision to rescind the aforementioned contract/agreement due to XXXX. Withholding any material information about the new or used vehicle ; failed to disclose the car was a part of a Class Action Lawsuit and that the car had no known repair issues ( clutch Failure and Replacement ) ( Transmission and Power Train Failure ) 2. Falsey Advertising which applies to many forms of Auto Dealer Fraud 3. False misrepresentation of the Used Car Rule feral regulations require used car dealerships to disclose certain information, prohibiting false statements materials misrepresentations and other unfair or deceptive practices in connections with the sale of the used vehicle. ( Dealer Disclaims and implied warranties or offers for sale as is and service contracts available ( XXXX XXXX XXXX and XXXX ) 4.Misrepresentaions of the Retail Purchase Agreement and Retail Installment Contract and Security Agreement ( XXXX XXXX ) 5. The UETA & eSign requirements for South Carolina XXXX. Recalls and Defects, and as followed : Recalls & Defects Recall Subject : Structure : body Report Receipt Date : XXXX Campaign : XXXX SummaryXXXX XXXX XXXX XXXX XXXX  ) is recalling certain XXXX fXXXX XXXX XXXX XXXX. the floor pan may have improperly welded left-hand apron joints. 
ConsequenceImproperly welded apron joints may reduce the front-end structural integrity of the vehicle, increasing the risk of injury in the event of a crash. 
XXXX will notify owners, and dealers will inspect the apron joints, repairing the vehicle, as necessary, free of charge. the recall began XX/XX/XXXX, XXXX owners may contact XXXX customer service at XXXXXXXX XXXX XXXX number for this recall is XXXX. 
NotesOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Structure : body : hatchback/Liftgate Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX ) is recalling certain model year XXXX XXXX XXXX XXXX vehicles manufactured XX/XX/XXXX, to XX/XX/XXXX and equipped with a manual transmission. the hatchback of the affected vehicles may be unlatched with a single press of the interior latch release button. as such, these vehicles fail to comply with the requirements of federal motor vehicle safety standard ( XXXX ) number 206, " door locks and door retention components. '' ConsequenceWith only a single press needed, the driver may accidently unlatch the hatchback, increasing the risk of injury to any unsecured passengers in the back. 
XXXX will notify owners, and dealers will reprogram the body control module with updated software, free of charge. the recall began XX/XX/XXXXXXXX XXXX XXXX owners may contact XXXX customer service XXXX XXXXXXXX XXXX XXXX number for this recall is XXXX. 
NotesOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Fuel System, Gasoline : storage Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX ) is recalling certain XXXX XXXX XXXX vehicles with a XXXX XXXXXXXX XXXX XXXX XXXX XXXX. the canister purge valve ( cpv ) may malfunction, possibly causing excessive vacuum in fuel vapor management system.

ConsequenceThe excessive vaccuum may result in an engine stall while driving, without warning and without the ability to restart the vehicle, increasing the risk of a crash. 
XXXX will notify owners, and dealers will reprogram the powertrain control module. dealers will also check for fault codes and replace the cpv as needed. if the cpv is replaced, dealers will inspect and replace the carbon canister, fuel tank and fuel delivery module as necessary. the recall began XX/XX/XXXXXXXX XXXXXXXX owners may contact XXXX  customer service XXXX XXXXXXXX XXXX XXXX number for this recall is 18s32. note : until the vehicle is serviced for this concern, owners are advised to keep the fuel tank at least halfway full. 
NotesOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Power Train : manual Transmission Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX ) is recalling certain XXXX XXXX XXXX vehicles equipped with XXXX XXXX XXXX XXXX engine and a 6-speed manual transmission. the clutch may fracture, resulting in damage to the transmission assembly and possibly a transmission fluid leak. 
ConsequenceA transmission fluid leak in the presence of an ignition source such as hot engine or exhaust components can increase the risk of a fire. 
XXXX will notify owners, and dealers will update vehicles with software that detects and prevents prolonged clutch slip, and will replace the clutch, as necessary, free of charge. the recall began XX/XX/XXXX, XXXX owners may contact XXXX  at XXXXXXXX XXXX XXXX number for this recall is 18s07. note : this recall is an expansion of recall 18v-169. 
NotesOwners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. 

Recall Subject : Power Train : manual Transmission Report Receipt Date : XXXX Campaign : XXXX XXXX XXXX XXXX ( XXXX ) is recalling certain XXXXXXXX XXXX XXXX vehicles equipped with a XXXX XXXX XXXX and 6-speed manual transmission and XXXXXXXX XXXX XXXXXXXX vehicles equipped with a XXXX XXXX XXXX and 6-speed manual transmission. also included are XXXX XXXXXXXX XXXX XXXX vehicles that had clutch replacements with potentially affected parts. the clutch may fracture, resulting in damage to the transmission assembly and possibly a transmission fluid leak. 
ConsequenceA transmission fluid leak in the presence of an ignition source such as hot engine or exhaust components can increase the risk of a fire. 
XXXX will notify owners, and dealers will update the focus vehicles with software that detects and prevents prolonged clutch slip, and will replace the clutch, as necessary, free of charge. owners of fusion vehicles will have their clutch assembly replaced free of charge. the recall began XX/XX/XXXXXXXX XXXX XXXX owners may contact XXXX customer service XXXX XXXXXXXX XXXX XXXX number for this recall is XXXX. 

XXXX. The specific discrepancies, false information, or misrepresentations found on the Bill of Sale and Retail Installment Contract Gap Coverage for {$690.00} ; SECTION 37-30-140. GAP waiver disclosures. A Number 7, 7 ) a statement that the purchase of the GAP waiver is optional and the statement must be in all caps, underlined, or disclosed in another prominent manner and must be substantially similar to the following : " THIS GAP WAIVER IS NOT REQUIRED TO OBTAIN CREDIT, NOR TO OBTAIN CERTAIN TERMS OF CREDIT OR TO PURCHASE THE RELATED MOTOR VEHICLE. THIS GAP WAIVER WILL NOT BE PROVIDED UNLESS YOU SIGN AND AGREE TO PAY THE ADDITIONAL COST '' and B, A GAP waiver that is included within the body of the finance agreement must provide the disclosures required by this section in a separate document that must be signed by the borrower before the purchase of a GAP waiver. A GAP waiver that is a separate addendum to the finance agreement may include these disclosures within the terms of the GAP waiver which also must be b XXXX. XXXX XXXX XXXX at a 16.994 %. Above the XXXX during the time my car was purchase, This was not agreed to in the first initial screening an installment plan. ( XXXX XXXX ) XXXX. 8. Notice of Violation of FCRA 15 Code 1666b 4. Notice of Violation of Consumer Rights I kindly request that you acknowledge this rescission in writing and provide instructions on how to proceed with yo all providing the return of all my funds, property, or any other relevant matters. I expect a prompt response within 14 business days of the date listed above. 

Please be aware that upon the rescission of the contract/agreement, any obligations or responsibilities outlined within it shall cease to be binding for both parties. 

Thank you for your attention to this matter. I look forward to resolving this situation amicably. 

Yours sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation