Consumer complaint received 2021-11-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Difficulty submitting a dispute or getting information about a dispute over the phone

Complaint:
Capital Auto Finance refinanced my car in XX/XX/XXXX and I made all due payments timely every month. My car got into an accident on XX/XX/XXXX and was declared totaled loss a couple of days later. XXXX XXXX issued a payment through the automated payment portal for totaled loss on XX/XX/XXXX ( see attached ) but I kept paying the loan to Capital One even a month later ( XX/XX/XXXX ) as I was thinking it is just a matter of days for Capital One to get the transfer, clear my account and refund me the balance. After seeing my account was still not cleared weeks after payment issued by XXXX, I started calling Capital One for hours almost every week or other week to inquire about the situation. It appeared Capital One was not able to get the payment through the automated portal because the title of my car was not perfected. 

In XX/XX/XXXX, I provided the documents that were requested to me in order for them to get the title " perfected '', including a power of attorney. About a month or two later, I was called by a Capital One agent asking for a power of attorney, I said I had mailed it, they made me re-mail it again which I did. Then again, I was called for same power of attorney as according to Capital One agent, there were expecting another power of attorney from a second person who they believed co-own my car ; they read the names of that person and I told them all the names they see are mines and they can double check that with my ID on Capital One file - I was even asked to mail my wedding certificate to the title department which I did. But surprisingly someone else again called me ( I believe XX/XX/XXXX ) about same thing, I gave again same explanation and after checking their system ( with my ID on their file I guess ), he suggested sending me another power or attorney via a protected link through text on my mobile phone ; what he did while we were on file and asked me access the link and sign the document and we would all be good. Which I did and never heard back until I started inquiring in XXXX XXXX why Capital One was not clearing my account with my insurance payment. 

It appeared that since I signed the latest power of attorney via protected link texted to me, the title was still not perfected. When I asked why? Capital One said they were waiting documents from me ; then I ask which ones, no one was able to tell me which one but they rather send me back and forth then am told everything is fine and that they will now send the documents to the DMV. For weeks they kept the same language and finally sent the request to the DMV in XX/XX/XXXX ( unless mistaken ). Then DMV rejected Capital One request because XXXX had sent ( timely ) while issuing the payment for the damaged car their request and now title is issued to XXXX since XX/XX/XXXX. 

Capital One then requested that we worked on XXXX re-issuing a new payment ( by check now ) which I had no issue with and communicated with XXXX on. XXXX finally reissued a payment end of XX/XX/XXXX. 
My point is : I am the one bearing the consequences of Capital One inactions. Why did Capital One only sent the title documents to the DMV in XX/XX/XXXX? Why not in XX/XX/XXXX? Why not in XX/XX/XXXX when I was asked to electronically sign another power of attorney? My credit score decreased by more than 100 points in a couple of months because my credit report showed {$55000.00} auto loan ( of which {$25000.00} Capital One ) and Capital Auto reported me as delinquent for a loan which is not cleared by their fault. I am now obliged to put on hold any financing procedure ( home refinancing ) that I was exploring because of this. I would understand being held accountable for missing a payment if Capital One was not at fault. 

I tried to solve this issue before the payment reissuance, putting in days/hours of calling Capital One, being thrown back and forth between Total loss - Title departments- DMV, .... to try to solve this issue and several times I mentioned several times my concern about the risk of my credit score being affected, no consideration was given! If Capital One committed 10 times to call me back and follow-up about this issue since the accident, they did it twice ( over the 10 ). When I ask ( and I did several times ) to talk to a Manager the line gets cut or people who commit to call me back do not do so. Last was Monday XX/XX/XXXX I called the credit bureau complain of Capital One, the supervisor to whom the issue was escalated committed to review the case and call me back by Wednesday XX/XX/XXXX, never did. When I talked to Capital One in XXXX, there was no note on the file of that " XXXX ' neither his commitment to call back ( which means there is a selection on what to note or not on the issue ). Now I can't prevented from any financing action because of my low credit score. 

Please note : This dispute has been formally sent to Capital One Auto Finance Credit Bureau as well on XX/XX/XXXX and I decided to copy same to the CFPB as all my efforts for months have not been given attention by Capital One Auto Finance. 
I wish you can help me get an explanation from CapitalOne of who is at fault on this title issue, causing them not to cash the payment that was issued to them in XXXX, and them reporting me unfairly

Company response to consumer: Closed with explanation