Consumer complaint received 2022-01-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Unable to receive car title or other problem after the loan is paid off

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX # XXXX XXXX, Tx XXXX PROOF OF MAILING EXHIBITS Certified Mail # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CO XXXX CAPITAL ONE AUTO FINANCE XXXX XXXX XXXX. 
XXXX, TX XXXX CAPITAL ONE AUTO FINANCE XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX ) RIGHT TO RECISSION OF TRANSACTION AFFIDAVIT 2 ) CAPITAL ONE ACCELERATION LETTER-REPOSSESSION THREAT 3 ) CAPITAL ONE ACCOUNT SETTLEMENT OFFER FOR LESS THAN REMAINING BALANCE ACCORDING TO CAPITAL ONE. 

4 ) COPY OF CHECK TO XXXX XXXX  XXXX ( FRONT AND BACK ) 5 ) UCC 3-306 CLAIMS TO AN INSTRUMENT 6 ) CAPITAL ONE APPLICANTS CREDIT SCORE DISCLOSURE NOTICE 7 ) CAPITAL ONE REMITTANCE COUPON /DIVIDENT ENDORSED PER UCC 3-306 8 ) CAPITAL ONE DISCLOSURE 9 ) CAPITAL ONE NOTICE OF SECURITY AGREEMENT 10 ) XXXX XXXX XXXX PURCHASE AGREEMENT 11 ) CAPITAL ONE TRANSACTION HISTORY REPORT 12 ) UCC 3-104 NEGOTIABLE INSTRUMENT 13 ) 15 U.S. CODE 7006- DEFINITIONS 14 ) 16 CFR 444.1 DEFINITIONS 15 ) 12 CFR 1026.15 RIGHT OF RESCISSION 16 ) 15 U.S. CODE 1635 RIGHT OF RESCISSION AS TO CERTAIN TRANSACTIONS 17 ) 15 U.S. CODE 1601 CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE 18 ) 15 U.S. CODE 1605 DETERMINATION OF FINANCE CHARGE 19 ) 15 U.S. CODE 1692 CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE 20 ) 31 U.S. Code 3123 PAYMENT OF OBLIGATIONS AND INTEREST ON THE PUBLIC DEBT 21 ) 15 U.S. CODE 1632 FORM OF DISCLOSURE ; ADDITIONAL INFORMATION 22 ) 12 C.F.R 1026.23 RIGHT OF RESCISSION 23 ) UCC 3-306 CLAIMS TO AN INSTRUMENT 24 ) 15 U.S. CODE 1611 CRIMINAL LIABILITY FOR WILLFUL AND KNOWING VIOLATION 25 ) 12 CFR 1026.24 ADVERTISING 26 ) 15 U.S. CODE 1692 e FALSE OR MISLEADING REPRESENTATIONS 27 ) 15 U.S. CODE 1692 f UNFAIR PRACTICES 28 ) 15 U.S. CODE 44- DEFINITIONS 29 ) 15 U.S. CODE 1640 CIVIL LIABILITY 30 ) 12 CFR PART 1026 TRUTH IN LENDING ( REGULATION Z ) TITLE PAGE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX Tx XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX CO XXXX CAPITAL ONE AUTO FINANCE XXXX XXXX XXXX XXXX : REGISTERED AGENTS CC : TRUSTEE INDENTURE NOTICE OF RECISSION OF TRANSACTION NOTICE TO PRINCIPALS IS NOTICE TO AGENTS, NOTICE TO AGENTS IS NOTICE TO PRINCIPALS Notice it is a fact, that I am a federally protected consumer, pursuant to 15 U.S. Code 7006 and 16 C.F.R. 444.1 ( d ) holder in due course, attorney in fact for any and all derivatives thereof for the surname I have been appointed and accept being the executor for all matters proceeding, and I hereby claim that I will autograph for my given name ( XXXX XXXX XXXX ) and as the agent and administrator in fact.

This Recission notice is made pursuant to 12 C.F.R. 1026.15 and 15 U.S. Code 1635 ( a ), as the right to recission is made be it this notice by mailing and be it this notice is considered given in regard to my consumer credit transaction on XX/XX/XXXX at your dealership ( XXXX XXXX XXXX ) for personal property XXXX XXXX XXXX XXXX # XXXX so be it. 

I, XXXX XXXX participated in a consumer credit transaction pursuant to 15 U.S. Code 1602 ( i ), with a consumer credit contract pursuant to 16 C.F.R 433.1 ( i ) for personal, family and household purposes, so be it. 

XXXX XXXX  XXXX and CAPITAL ONE AUTO FINANCE falls under both definitions of creditor and seller pursuant to 16 CFR 433.1 ( c ) and 16 CFR 433.1 ( j ) Notice, pursuant to 15 U.S. Code 1601, it is a fact, affiant believes there has been a lack of meaningful disclosures of credit terms available to I, the consumer. 
Notice, pursuant to 15 U.S. Code 1605, the affiant is aware that the finance charge is the sum of ALL charges. This includes interest, deliver service fees, loan fees, premium insurance to cover any defaults, broker fees, insurance for the vehicle and insurance to cover health, life, accident and gap insurance. These are all included in the finance charge. 

You required a down payment of {$2000.00} violating 15 U.S. Code 1605 which clearly says that the finance charge does not include charges of a type payable in a comparable cash transaction, so be it. Down payments are not legal and tendering payments in any other form other than gold is illegal. Accepting an ACH payment is also is illegal. 

The amount of that loan which includes the sale prices and finance charges according to the CAPITAL ONE AUTO FINANCE disclosures is {$45000.00}. This, according to your company, did not include insurance and included all necessary finance charges. Debts, loans, non all inclusive finance charges, are all illegal pursuant to 15 U.S. Code 1605. 

Notice, it is a fact that the documents received by affiant does not conspicuously disclose the full finance charge as defined in 15 U.S. Code 1605. It discloses a partial amount which is considered false and misleading pursuant to 15 U.S. Code 1692 ( e ).

This debt was already paid for when the United States Congress established gold and silvers is the only tenders of payments. 31 U.S. Code 3123. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government. Furthermore, the symbol or character, " $ '', is not defined anywhere in legislation and is therefore a violation of 15 U.S. Code 1692 e ( 2 ) ( A ). 

Notice it is a fact, affiant was not given the option to include insurance into the finance charge and told I wouldnt be able to take the vehicle and leave the dealership without proof of insurance. It is a fact affiant was not given proper disclosures as to all insurance options available at the time of purchase which is false and misleading pursuant to 15 U.S. Code 1692.

Pursuant to 15 U.S. Code 1632 ( a ), affiant is aware that a finance charge shall be disclosed clearly and more conspicuously than other terms, data, or information provided in connection with a transaction except information relating to the identity of the creditor, should not vary from the actual finance charge by more than {$100.00}. 
Notice, it is a fact affiant did not receive any forms or documentation that clearly and conspicuously disclosed my right to rescind this transaction pursuant to 12 C.F.R. 1026.23 ( b ) 1. 
Notice it is a fact, affiant is aware that the recission forms are required and must be delivered together with a statement containing the material disclosures required under the TILA ( Truth In Lending Act ). In addition, creditor must clearly and conspicuously disclose in accordance with regulations of the Consumer Financial Protection Bureau. I was never given full disclosure or notice of the right to rescind pursuant 12 C.F.R. 1026.23.

Notice, it is a fact affiant, consumer, debtor and natural woman believes since I granted security interest, that I have the ability to revoke such interest pursuant to 12 C.F.R. 1026.23 ( a ) 3 ( i ) and hereby exercise the right to revoke any and ALL Security interest in ; The vehicle, all money or goods received for the vehicle, all insurance, maintenance, service or other contracts financed and all refunds or charges the contract mistakenly given to any and all parties in the deal with XXXX XXXX XXXXXXXX on XX/XX/XXXX. 

Notice, it is a fact affiant is aware that pursuant to 12 C.F.R. 1026.23 ( d ) titled Effects of a recission, upon the right to rescind this transaction. I the affiant am no longer liable for any finance charge. The creditor must terminate any security interest, return any money or property, earnest money, down payment, and/or otherwise past payments. The property is in my possession, I have a right to retain possession of the property. 

Notice, it is fact, affiant is invoking my rights in accordance with 15 U.S. Code 1635 and UCC 3-306 to revoke any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have unbeknownst to me. I demand a full revocation of such document ( s ) ; nunc pro tunc. 

It is a fact, I the affiant have the right to exercise the right of recission of transaction, pursuant to 12 CFR 1026.23 ( a ) 3 ( l ) Due to the failure of XXXX XXXX XXXXXXXX to disclose this required information. 

Pursuant to 15 U.S. Code 1611 ( 1 ) ( 3 ) you can be fined up to {$5000.00} for giving false, inaccurate info failing to provide information which he is required to disclose and in this case you CAPITAL ONE AUTO FINANCE and XXXXXXXX XXXX XXXXXXXX willfully and knowingly did when you failed to disclose and provide all information clearly and conspicuously to me pursuant to 12 C.F.R. 1026.24 ( b ) to I consumer, so be it. 



It is a fact that CAPITAL ONE AUTO FINANCE threatened me with an acceleration letter dated on XX/XX/XXXX. The letter threatened to default on the balance and threatened to repossess my vehicle XXXX XXXX XXXX XXXX # XXXX. CAPITAL ONE AUTO FINANCE also closed my account and reported negative adverse reaction to the credit bureau. Pursuant to 15 U.S. Code 1692e Threat of repossession is fraud and illegal in the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S. Constitution. Pursuant to 15 U.S. Code 1692 ( f ) It is unfair practices threaten to seize or take Charging monthly fees to me the debtor with expectation of payment is illegal as well as threatening to take adverse action against me through verbal or written threats, repossession, and any other intimidation methods is illegal. 

Any creditor who fails to comply with any requirements imposed under TILA ( Truth In Lending Act ) will be liable for twice the amount of any finance charge and any actual damages sustained as a result of the failure. Notice, it is a fact pursuant to 15 U.S. Code 1640 ( b ) In the case of a class action, such amount as the court may allow, except that as to each member of the class no minimum recovery shall be applicable and the total recovery under this subparagraph in any class action or series of class actions arising out of the same failure to comply by the same creditor shall not be more than the lesser of {>= $1,000,000} or up to 1 % of the companys net worth for its failure to comply with TILA requirements. Pursuant to 15 U.S. Code 1640 ( a ) ( 2 ) ( A ) ( i ) you are liable for double the finance charge. 

In order for a contract to be valid satisfaction there must be offer and acceptance, along with a meeting of the minds. I am the only one who signed this agreement, and you also made a lot of money off of this instrument. This agreement was paid in full with my signature and you never explained that to me. I have every intent to sue and request your GAAP on this account via a forensic audit. I did not agree to cosign and allow you to monetize nor securitize my note. That is illegal pursuant to 16 CFR 444.3 - Unfair or deceptive cosigner practices Notice it is a fact that affiant has reason to believe and do so believes that the billing statement attached from CAPITAL ONE AUTO FINANCE dated XX/XX/XXXX is a billing error. To clarify this information in the billing statement, I the affiant am invoking my right to obtain the documentary evidence in accordance with 15 U.S. Code 44 for the books of account described in IRS Publication 583. To verify such alleged amounts, I want to see both journal and credits of account ledger and debits of account to verify the current accounting and taxes associated with this account. 

Take further notice that 20 days after your receipt of this notice you have to return any money, vehicle title and/or property given and also terminate and reflect the termination of the security interest placed on the property by any and all affiliates which in this case is a XXXX XXXX XXXX XXXX # XXXX, so be it. 

Your failure to comply with this recission will result in civil liability for fraud pursuant to 15 U.S. Code 1640, intent to sue as well as prompting a request for a Forensic Financial Audit. 

TERMS DEFINED PURSUANT TO REGULATION Z AND 15 U.S. Code 1602. SEE EXHIBITS FOR PROOF AND CLAIM ATTACHED HEREIN. 


XXXX Whereas, I of age, of majority, give this herein notice to all, I make a solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it nunc pro tunc.

I swear that all information provided herein and do so under penalty of perjury that the information is true, correct and accurate to the best of my ability and knowledge, so be it. 

____________________________________________________ XXXX XXXX, consumer/natural person Sworn to or Affirmed by and subscribed before me on the _________day of_______ year XXXX _____________________________________ Notary Name _____________________________________ Notary Seal : Notary Signature :

Company response to consumer: Closed with explanation