Consumer complaint received 2023-06-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
Ref : Account XXXX XXXX XXXX XXXX XXXX Dear Mr. XXXX XXXX, I recently received a 2nd Notice of Strict Enforcement of Contract Rights from XX/XX/XXXX and XX/XX/XXXX. XXXX XXXX concurs that there has been a breach of contract from Capital One Auto Finance. XXXX XXXX received the copy of the Retail Instalment contract, however XXXX XXXX never received any disclosures explaining right to rescind the contract dated on XX/XX/XXXX. It has come to the attention of XXXX XXXX that Capital One Auto Finance is continuing to defraud XXXX XXXX. Ignorance of consumer laws is not an excuse. According to pursuant 15 USC 1635 Right to Rescission XXXX XXXX does not have any contractual obligation with Capital One Auto Finance and the said Retail Instalment contract is null and void. 

XXXX XXXX has filed a formal complaint with the FDIC and Consumer Financial Protection Bureau in regards to Capital One Auto Finance fraudulent activities. In addition to any threats of repossession or collateral collection, it is also against the law under consumer law pursuant to 15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( this threat is not an order by a Judge within XXXX XXXX  Jurisdiction ) ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. 
( XXXX ) Communicating with a consumer regarding a debt by post card. 
( XXXX ) Using any language or symbol, other than the debt XXXX address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector XXXX use his business name if such name does not indicate that he is in the debt collection business. 
Furthermore if you attempt to reposes said vehicle and give out XXXX XXXX information to ANY repossession company that is fraudulent and considered identity theft because XXXX XXXX did not give permission to do so. Pursuant to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
Therefore XXXX XXXX was never presented the option to op out as a disclosure. Pursuant to 15 U.S. Code 1692- Congressional findings and declaration of purpose. ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. 
( b ) INADEQUACY OF LAWS Existing laws and procedures for redressing these injuries are inadequate to protect consumers. 
Ever violation is {$1000.00} in addition XXXX XXXX is entitled to monetary award of any damages sustained per pursuant 15 U.S. Code 1692k - Civil liability ( a ) AMOUNT OF DAMAGESExcept as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

Company response to consumer: Closed with explanation