Consumer complaint received 2018-04-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with additional products or services purchased with the loan

Complaint:
In XX/XX/XXXX my husband and I were hit by a woman and our car was totaled. We had purchased gap insurance and it was financed through XXXX XXXX XXXX XXXX. When we purchased the gap insurance we were told that it would pay for any balance remaining on our vehicle should we have an accident and be upside down with the loan payments. This was not the truth so my problem begins with the XXXX dealership who sold it to me. Gap left {$140.00} and won't  explain to me why I still owe {$140.00}. My insurance company paid the loan and is going after the other woman 's insurance company. Meanwhile I have Capital One who has gotten almost {$20000.00} back on the loan from the insurance, the gap, and the refunded vehicle warranty and maintenance package. On Monday we phoned Capital One and told them that we were still fighting the Gap company and that we also had a refund coming back from our tax and car registration and would be sending that to them as soon as it arrived in late XX/XX/XXXX. We asked the gentleman if we were going to be in trouble or if we needed to make a payment. He said we would not be reported on her credit bureau or bothered until XX/XX/XXXX. We explain to them that we wouldn't be getting the tax and registration refund until the end of XX/XX/XXXX per our local government office. He told us that was not a problem. The next day we started getting collection calls from Capital One. The gentleman is very pushy. He made my husband very uncomfortable. My husband had other injuries before this accident. He's a XXXX XXXX   XXXX veteran. Now, he has a XXXX XXXX and XXXX XXXX  too and we have this greedy overzealous toady harrassing us. Then, while I'm coming back from a 4-Hour turnaround trip to a specialist related to Medical Care from the accident I get a phone call from this same pushy gentleman. Enough. He needs to stop calling us and he needs to just wait. We are not working and living off of his XXXX pension. I don't care if the collector gets a percentage for what he collects. We've blocked his number. It is not okay to keep calling someone over and over and over and over because you don't like the answer you're getting. They've had a payment every single month. May not have necessarily been from us but we checked with the total loss department and they said that insurance payments, Gap, and payments and refunds would count as a payment for each month. By considering what she has told us we have not even missed a month payment. In addition to that we've called each month to make sure that this is so, so that it doesn't affect our credit. We have been told that it will not. As much as they've been paid you'd think that they'd say hey I'm sorry you've had a traumatic event let us write off this {$140.00}. I even told him we have at least another {$80.00} coming back that's coming to them. No such thing. My second loan on the replacement vehicle is through them and I'm sorely regretting it. I'm angry. I'm feeling victimized by every single entity that I'm dealing with. And I'm not happy. We have had to fight with every single entity involved in this accident to get them to do what is right. We did nothing wrong and we've been nothing but victimized. We're both tired of it.

Company response to consumer: Closed with monetary relief