Consumer complaint received 2022-05-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Credit denial

Complaint:
On XX/XX/2022 I filed a complaint via CFPB against Capital one Auto Finance ( CFPB File Number XXXX ) regarding me extending them my credit. On XX/XX/2022 I received a response from the office of the president ( case reference number XXXX ) and which the letter stated that I indeed had been approved then a couple of days later I also received letter via mail ( reference number being XXXX ) stating that I'd been denied due to the amount requested for financing by the dealership on my behalf was outside of the available range for the application. 

( I AM A CONSUMER ) CFR 16 CFR 433.1 ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. My credit card was use in this transaction which I did not benefit from this transaction. CFR1026.12 Special credit card provisions ( b ) Liability of cardholder for unauthorized use ( 1 ) ( i ) Definition of unauthorized use. For purposes of this section, the term unauthorized use means the use of a credit card by a person, other than the cardholder, who does not have actual, implied, or apparent authority for such use, and from which the cardholder receives no benefit.

According to 12 CFR Part 1002 - Equal Credit Opportunity Act ( Regulation B ) Regulation B protects applicants from discrimination in any aspect of a credit transaction. CFR 1002.7 Rules concerning extensions of credit - ( a ) Individual accounts. A creditor shall not refuse to grant an individual account to a creditworthy applicant on the basis of sex, marital status, or any other prohibited basis 15 U.S. Code 1691 - Scope of prohibition ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter. ( b ) Activities not constituting discrimination It shall not constitute discrimination for purposes of this subchapter for a creditor ( 1 ) to make an inquiry of marital status if such inquiry is for the purpose of ascertaining the creditors rights and remedies applicable to the particular extension of credit and not to discriminate in a determination of credit-worthiness ; I Am XXXX XXXX and I am submitting this complaint myself and there is no third party involved. I XXXX XXXX, Consumer, natural person, and original creditor of an open-end credit plan was denied my right of credit by CAPITAL ONE AUTO FINANCE XXXX XXXX. I was notified of this transgression of my rights, specifically- 15 usc 1601- The Truth In Lending Act by CAPITAL ONE AUTO FINANCE, XXXX. According to 15 USC 1605- The sum of all charges are included in the finance charge & The finance charge does not include charges of a type payable in a comparable cash transaction. I was told by XXXX  XXXX XXXX CAPITAL ONE AUTO FINANCE, XXXX that I had to put a downpayment down for { {$20000.00} } for the credit transaction to be approved when IN fact cash transactions aren't included in a finance charge. According to 15 USC 1602, I as a natural person possessing an open-end credit plan was harmed by CAPITAL ONE AUTO FINANCE, XXXX Adverse action taken against me denying my rights of which Criminal damages pursuant to 15 USC 1611 ( 1 ) ( 3 ) are to be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. CAPITAL ONE AUTO FINANCE, XXXX is now criminal liable to pay me for the damages. 

As a mother at a hard time like this CAPITAL ONE HAS NOT ONLY VIOLATED ME AS A FEDERALLY PROTECTED CONSUMER BUT ALSO AARE PREVENTING ME FROM DOING MY DAILY DUTIES AS A MOTHER AND SIGNIFICANT OTHER.

Company response to consumer: Closed with explanation