Consumer complaint received 2021-12-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: RI
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:
Company has violated multiple FDCPA Laws, please see below. 

As the original consumer/ creditor, I have been misled and used by Capital One Auto finance and intend to get full repayment for this financial transaction. Capital One Auto has violated me as the original consumer in the following ways : - 15 U.S. Code 1692c - Communication in connection with debt collection : ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. I have never given Cap One Auto permission to contact me by phone, email or mail, I actually sent a cease and desist letter in XXXX XX/XX/2020. 

- 15 U.S. Code 1692e. False or misleading representations : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt. Capital One Auto has used misleading contracts that do not show them as a party who signed the contract, rather it was assigned to them without my knowledge at the time of the contract being presented. I also sent an affidavit of recession, which is attached, to cancel the contract and release my self from any financial responsible to Capital One Auto finance. 

- 15 U.S. Code 1692g - Validation of debts : ( b ) Disputed debts - If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. I was never sent any information regarding the original creditor, unless Capital One is Admitting I am the original creditor, as they sent me paper work bearing my signature and the dealership where the purchase was made. 

-15 U.S. Code 1692h - Multiple debts : If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions. With respect to this law, I would like all funds to be returned in full to me, seeing I have been disputing this account and was not able to get any remedy at the time. 

- 15 U.S. Code 1692j - Furnishing certain deceptive forms : ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Capital One Auto Finance has furnished documents that give a false narrative that I owe them for my credit that was used to purchase this vehicle. Capital One Auto finance noted they were waiting until they received the check before my account could be loaded in their system for me to make payments, I now learned that check was created from my signature and social security number. 


Lastly, all original documents sent to Capital One Auto finance in XXXX XX/XX/2020 are attached. And for further reference to the FDCPA laws and guidelines please visit https : XXXX - According to 15 U.S. Code 1692a - Definitions for clarity ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt.

( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 

( 5 ) The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 

( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due to another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692 f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business, the principal purpose of which is the enforcement of security interests. The term does not include ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ;

Company response to consumer: Closed with explanation