Vehicle loan or lease -- Repossession -- Complaint #10879336

Complaint Overview

Complaint ID: 10879336

Company: Carvana Group, LLC

Product: Vehicle loan or lease

Sub-Product: Loan

Issue: Repossession

Sub-Issue: Deficiency balance after repossession

State: South Carolina

ZIP Code: 29687

Date Received: 2024-11-18T12:00:00-05:00

Date Sent to Company: 2024-11-18T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

I have contacted all business involved and they have denied all proof. I have supported documents from all business upon contact about the matter. They have not tried to rectify the issue. The car than stole in the night and placed back on the market as a reliable car. XXXX than contact me in I believe XXXX requesting the car back. And discussed with they dont have the car and that upon the car being located and being sold if the car is sold for XXXX that they would gave me the money towards the balance. Upon my right to rescind within 3 years, the party would not gave me back my money and than placed the car back on the market with stolen pictures of the vehicle from Carvana Website. I am requesting documentation pertaining to all conversations. as email exchanges can be considered legally binding contracts in many situations, meaning you have the right to access the relevant emails that document the agreement process. Right to Rescind XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Carvana, LLC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX : 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/XXXX. 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 XXXX 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 1. 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 ) The UETA & eSign requirements for South Carolina Recalls and Defects, and as followed : Recalls & Defects Recall Subject : Structure : body Report Receipt Date : XX/XX/XXXX XXXX Campaign XXXX XXXX Summary XXXX XXXX XXXX XXXX XXXX ) XXXX recalling certain XXXX XXXX and XXXX vehicles. the floor pan may have improperly welded left-hand apron joints. Consequence Improperly 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 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 ford customer service XXXX XXXX XXXX 's number for this recall is XXXX. Notes Owners may also contact the national highway traffic safety administration vehicle safety hotline at XXXX ( tty XXXX ), or go to XXXX. Recall Subject : Structure : body : XXXX Report Receipt Date : XX/XX/XXXX XXXX Campaign XXXX XXXX Summary XXXX XXXX XXXX XXXX XXXX ) XXXX recalling certain model year XXXX XXXX XXXX XXXX vehicles XXXX 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 ( fmvss ) number XXXX, " door locks and door retention components. '' Consequence With 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 XXXX will notify owners, and dealers will reprogram the body control module with updated software, free of charge. the recall began XX/XX/XXXX, XXXX owners may contact ford customer service XXXX XXXX XXXX 's number for this recall is XXXX. Notes Owners 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 : XX/XX/XXXX XXXX Campaign : XXXX Summary XXXX XXXX XXXX ( XXXX ) is recalling certain XXXX XXXX XXXX XXXX with a XXXXXXXX XXXX XXXX XXXX XXXX XXXX. the canister purge valve ( cpv ) may malfunction, possibly causing excessive vacuum in fuel vapor management system. Consequence The 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 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/XXXX, XXXX owners XXXX contact ford customer service XXXX XXXX ford 's XXXX for this recall is XXXX. note : until the vehicle is serviced for this concern, owners are advised to keep the fuel tank at least halfway full. XXXX XXXX XXXX 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 : XX/XX/XXXX XXXX Campaign : XXXX Summary XXXX XXXX XXXX ( XXXX ) is recalling certain XXXX XXXX XXXX XXXX equipped with a XXXX XXXX XXXXi engine and a XXXX manual transmission. the clutch XXXX fracture, resulting in damage to the transmission assembly and possibly a transmission fluid leak. Consequence A 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 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 ford XXXX XXXX XXXX 's number for this recall is XXXX. note : this recall is an expansion of recall XXXX. XXXX XXXX XXXX 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 : XX/XX/XXXX XXXX Campaign : XXXX Summary XXXX XXXX XXXX ( XXXX ) is recalling certain XXXX XXXX fusion XXXX equipped with a XXXX XXXX XXXX and XXXX manual transmission and XXXX XXXX XXXX vehicles equipped with a XXXX XXXX engine and XXXX manual transmission. also included are XXXX XXXX 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. Consequence A 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 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/XXXX, XXXX owners may contact ford customer service XXXX XXXX XXXX 's XXXX for this recall is 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 Finance Charge XXXX at a 16.994 %. Above the APR during the time my car was purchase, This was not agreed to in the first initial screening an installment plan. ( YO-YO Financing ) 8. Notice of Violation of FCRA 15 Code 1666b 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 XXXX 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

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