Consumer complaint received 2019-10-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
My car was crashed, and Capital One Auto Finance seems to be involved in unfair practices. The following is notes that I have kept : Timeline of Incidences After Crash XX/XX/XXXX XXXX XXXX  Car crash ( No injuries, No other vehicle-car vs. tree ) XX/XX/XXXX XXXX XXXX Florida Highway Patrol made traffic crash report, XXXX XXXX   received a text from an officer advising vehicle towed by XXXX XXXX XXXX and XXXX to their tow yard in XXXX Florida. Also, the trooper advised the report would be emailed to me. 
XX/XX/XXXX or XX/XX/XXXX ( I am unsure which date they called because I was confused about how they were involved at this point ) I received a call from Capital One Auto Finance requesting my intention with the car. I advised I was claiming it on my insurance. Capital One did not ask for my insurance information. I was thanked for my great payment record, and the representative ended the call. 
XX/XX/XXXX I was waiting for the crash report to provide to insurance but decided since Capital One was inquiring, I needed to contact XXXX XXXX XXXX   XXXX XXXX. A report was made by XXXX XXXX XXXX and forwarded to XXXXXXXX XXXX XXXX. I received an email from XXXX, providing my claim number and claim representatives name ( XXXX XXXX ). 
XX/XX/XXXX I emailed Ms. XXXX regarding the fact that I had the only key that the appraiser will probably need it to appraise the car. I also needed a rental car before the weekend. She called me and said to drop the key at the tow yard and provided me with rental information.I called XXXX XXXX XXXX to drop off key after XXXX, and I asked if there was a dropbox. They advised I would need to meet a driver at the lot and to give them a 90-minute head start to have a driver available. I left work an hour and a half early to get to the lot before XXXX, so I wouldn't have to meet someone. I got there around XXXX XXXX, and no one was in the office even though there was an open sign on the door. I called XXXX 's XXXX again, and the woman was irritated that I didn't let them know in advance that I would be in before XXXX XXXX. I said I was sorry ; I thought she said I had to give them notice if I was coming after XXXX XXXX. I waited on the driver and provided him with the key. I wanted to retrieve my belongings, but I didn't have my registration, so I said I would be back the following day. 
XX/XX/XXXX I went to the tow yard and advised the registration must be in the car. I was able to take my property, including my car tag. I signed a release statement to release the car to the insurance company, then went to XXXX to pick up my rental. In the meantime, XXXXXXXX XXXX XXXX sent an appraiser to check the vehicle at the tow yard. ( XXXX XXXX XXXX ) XX/XX/XXXX I received a voicemail from the appraiser ( XXXX XXXX ). I called him back and was advised that he couldn't see the damage under the hood. He asked which body shop to send the car. They will know more after getting the car on a lift. I advised I wanted it sent to XXXX XXXX in XXXX, FL. 
XX/XX/XXXX I received a call from Ms. XXXX advising the car was repairable. She asked which body shop we wanted to use. I advised ( again ) XXXX XXXX in XXXX. I said I told the appraiser the same yesterday. I said since it was not at the body shop yet, I was curious if the appraisal was completed. She assured me it was, and said she would send a check in my name along with my husband, and XXXX XXXX. 
XX/XX/XXXX I received the check in the mail. Also, I received a notice from the post office that I had certified mail from XXXX XXXX XXXX. I wasn't overly concerned about the certified mail from XXXX XXXX XXXX because I thought the car was sent to XXXX XXXX XXXX. 
XX/XX/XXXX I called XXXX Monday morning to find out when I should bring the check. XXXX did not have my car. I then called XXXX XXXX XXXX, and they advised that my car was picked up by the lienholder ( Capital One Auto Finance ). I then called Capital One and spoke with someone named XXXX ( no last name provided ) and was advised they picked up my car to secure it because the tow yard could auction it off if it stayed there too long. I let them know that it was in the middle of an insurance claim. He asked for my claim #, insurance agency name, and claim representatives information. He said someone at Capital One would call the insurance representative and determine how to get the car to the right place. He also sent a fraud claim resolution letter to my email address naming me as a victim and stating the trade line would be deleted from my credit reports. Email sent to Ms. XXXX to advise the situation. She didn't understand why the lienholder was involved. She thought I called them. I told her I did not. I told her they would contact her. Also, I mentioned again that I thought the appraisal was not complete. She advised that it was ; that the body shop could request supplemental checks if necessary. 
XX/XX/XXXX I emailed Ms. XXXX asking if Capital One contacted her yet. 
XX/XX/XXXX Email received from Ms. XXXX, no contact from Capital One. I called Capital One again. I spoke with XXXX ( no last name provided ) I was told they could not speak with Ms. XXXX because she wasn't on my account. He asked how I intended to pay the impound and repossession fees. I said that I wasn't, insurance should cover me. I provided permission for Ms. XXXX to call and straighten everything out. Ms. XXXX called Capital One and was advised the fees must be paid by debit card. They wouldn't accept a check from insurance. She called me back. She said I could pay upfront, and insurance would pay me back. I said I don't have money. This is not my fault. She said to get Capital One to provide a bill, and they would send me a check, then I could cash it and pay for the fees. I called Capital One back and didn't get the person 's name ( all calls were recorded ) and asked for the bill, so insurance could pay and was told they do not have the ability to print the bill/invoice. Maybe I could stop at a Capital One store. I asked where I might find a Capital One store, and the man said he didnt know. I looked for one, and the closest is over 200 miles away. Email back to Ms. XXXX to ask for the fee information because I was at the hospital all day as my grandchild was being born, so I didn't have paper and pen or time to write the amounts down. She emailed me back with the info and then said they could only cover the impound fee ( {$350.00} ), not the repossession fee ( {$290.00} ). I called the impound yard ( XXXX XXXX ) to get a bill to provide to the insurance company. I was given the number to the actual lot ( XXXX XXXX ). I had to leave my phone number for a callback. Another call to Capital One advising they should waive the repo fee because it was not my fault. The car is paid in advance every month. I was told by XXXX ( she provided her id " XXXX '' ) that they could email me a reinstatement notice that will only show the total of both the repo and impound fees. She said she could help by putting {$190.00} of the repo fee to the end of my loan, but everything has to be paid upfront. 
Checked mailbox for physical mail ( none received ) and put signed USPS to leave the certified letter from XXXX XXXX XXXX so I could see precisely what Capital One received. 
XX/XX/XXXX Checked mail for any notices. ( none received ) XX/XX/XXXX No email received from Capital One. No callback from the impound lot. I called Capital One. XXXX ( Id # XXXX ) answered. I advised I needed a supervisor. He forwarded me to their Customer Advocacy Team. I spoke to XXXX ( ID # XXXX ). I complained that I did not receive a bill. She said there was an issue with emailing it to me. I explained that no one contacted me before picking up the vehicle. She said she would check to see if anyone called. I said if they called, they would have needed to leave a voicemail, which they did not. XXXX said it would have only been as a courtesy anyway. She said I was in breach of my contract. I said, It makes no sense that I have paid all payments on time, and the car was taken while insurance was handling the claim. How am I in breach of my contract? She didnt have an answer. I was not notified in any way so that I could attempt to contact the insurance rep to get the car removed into their custody. She said I would be receiving a notice of intent in the mail. I said, Ok, so Im receiving it in the mail, which will take more time. I thought the issue was saving tow yard fees. It is sitting in an impound lot now. She put me on hold. When she returned, she stated that the letter was being emailed to me, which included the {$290.00} repo fee. ( I suppose the deal to add {$190.00} to the end of my loan is off the table. ) We ended the call. I emailed XXXX XXXX at XXXX XXXX. The following is the email in its entirety : Good morning. I finally got Capital One to provide a document. I can not pay the fee for the repossession, and they refuse to waive it. They said Capital One attempted to contact your office before impounding it. The point is that I didn't receive notice from XXXX XXXX XXXX, Capital, nor your office advising me that the car was being repossessed. I know that you were not aware because I was able to speak with you after it was impounded elsewhere. XXXX ( id # XXXX ) at Capital one said that insurance dragged their feet, so they had to secure their interest. I asked why no one called me. She said that she would check to see if they did. I said if they did, they needed to leave a voicemail, and they did not. She said they were not required to. It would have been a courtesy call. I am filing a complaint with the State Attorney at this point. This is so unfair. XXXX XXXX Call received from Ms. XXXX. I explained my conversations with Capital One. She was going to speak with her supervisor. I filed a complaint on XXXX XXXX with the Florida State Attorney General. Call received from insurance, and they will write a check for the total. I must pick up the check and put it in my checking account. Then call Capital One with the debit card and pay the fees. The insurance is adding it to the amount of the claim. 
I checked my mail to see if I received any notices from yesterday around 3 pm. the box was empty. 
XX/XX/XXXX I checked my mail this morning. Yesterday 's mail was there. I received my certified notice from XXXX XXXX XXXX dated XX/XX/XXXX. I saw that the Postal Carrier initialed and dated when he or she first brought the letter, when they received my signed notice back, and when the letter would be returned to XXXX XXXX   XXXX. I also received a notice from Capital One dated XX/XX/XXXX. Upon reading both notices, I discovered that XXXX XXXX XXXX sent their notice to all entities involved, so I guess they operate under a first-come, first-serve basis. I see they quote Florida Statutes stating they can sell the vehicle after 35 days. Capital One picked up the car sometime after the appraiser appraised the car on XX/XX/XXXX and before XX/XX/XXXX when I discovered the car was missing. The notice Capital One Provided came after the date of picking up the vehicle as it is dated XX/XX/XXXX. I called them on XX/XX/XXXX, thinking they would apologize ; instead, they are holding the car hostage requiring fees. I say they are using unfair practices, and because they are a big company, they think they can push me ( their own customer ) around. I expect it from the towing company, but not from my finance company when I followed the rules. 

I apologize for this long complaint, but I have had a lot going on between these companies. At this time, my insurance company has provided a check for the fees, and we ( myself and the insurance company ) are unsure if the car is even repairable. In the end, I will still probably be held responsible for everything. I will attach everything I can for your review. I thank you in advance for your assistance.

Company response to consumer: Closed with explanation