Carmax, Carmax Superstores Trying to change contract,claiming I owe them more money. ripodd Richmond Virginia

On 11/29/04 at 9:48 p.m., I purchased a 2000 Acura 3.2 TL from CarMax, with the trade of my 2000 Nissan Maxima. Less than 12 hours later, on 11/30/04 while traveling to work, the side airbag lights started flashing. I contacted CarMax immediately.

They took the vehicle in and couldn't determine what the problem was, they also sent it to the Acura dealership for further testing. They still couldn't determine what the source of the problem was. I didn't feel comfortable with the conclusions, therefore, in accordance with CarMax's 5 day return policy, the vehicle was returned, of which they in turn sent the vehicle to their Midlothian store and put it on their lot for sale again.

I asked what would happen being that I traded in my Maxima. They stated since my vehicle was already auctioned off, I would need to purchase a new vehicle. I questioned them how the Maxima could have been auctioned off so quickly being that I traded it in the prior evening. They stated the next day was their scheduled auction day.

I ended up asking 3 different people about the status of the car because I was in disbelief that it was gone so fast. They all told me it had already left their lot. The sales manager, Edmond, offered me a loaner vehicle until I found another vehicle I wanted to purchase from them. As I was searching for another vehicle, the loaner car's check engine light started flashing, they had to give me another loaner vehicle.

I then found a vehicle which would have to be shipped from another location. In the meantime, as I was browsing their website, I noticed they had the Maxima I traded listed back on there for sale in the amount of $15,998. I immediately called CarMax and questioned it.

The manager then finally admitted they were reconditioning the Maxima to put it back on their lot and it had not been sold as they originally told me. He stated that I could come back in and repurchase the vehicle for the same amount they gave me, which would cancel out the entire 1st deal. I agreed and the new contract was created on 12/10/04 by CarMax.

They used the Maxima again as the trade in on the Maxima even though it was the same vehicle. They said this was necessary in order to cancel out any prior contracts. When I received the Maxima back, they had taken the tint and pinstripes off the vehicle.

They also changed the housing on the gear box and window controls. At this point I was not pleased with their modifications. They told me as least I would have the vehicle back and if I were to decide to continue to purchase the other vehicle, it would be just as if I were starting all over from scratch.

It made sense at the time, so I agreed. On 12/13/04, the vehicle I requested, 2000 Lexus ES 300, was available and purchased. CarMax drew up the contract of which they signed and I signed in the amount totaling $19,175.58.

This amount was paid off on 12/15/04 in accordance with their 3 day payoff guidelines by Synergy Bank, due to the lower interest rate and monthly payments. CarMax accepted this payoff and released the title to Synergy Bank. CarMax reported all of my accounts with them closed, and paid to a $0 balance as of 1/05.

In February 2005, they sent me a notice stating I owed them an additional $2,530.25. I contacted them several times because I knew this was incorrect. Each time, I was told they would review it and would call me back or they were with customers and would need to call me back.

I never heard back from them. Then 3 months later, they sent me another notice, again I contacted them several times, with no resolution. Then 7 months later, I received a letter from the law firm, which brings me here today. So it seemed to me that they never attempted to look into this and work to get it corrected.

I paid according to what was in their own contract which they signed and I signed. I provided several documents showing what was due to them and what was paid to them. They created all contracts and are now trying to change the contract agreement.

I feel as though they are trying to rip me, the consumer, off. They have caused me to lose time and money due to the time I've missed from work through this ordeal. If they feel they made an error somewhere along the lines, they should penalize their employees, not me.

They took me to court over this and they admitted that it was an administrative error, however, they still insists I owe them this money.

Marquita
Richmond, Virginia
U.S.A.

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