Consumer complaint received 2021-11-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AZ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
On XX/XX/XXXX we signed a purchase agreement to acquire a used vehicle through " XXXX '', an online used car dealer, based in Texas. The car we selected was a XXXX XXXX XXXX ( " XXXX '' ). The financing for the purchase was arranged by XXXX, the XXXX of record is CapitalOne. I The purchase price of the vehicle ( including taxes and fess ) was {$38000.00}. As part of the purchase we traded in a vehicle, a XXXX XXXX XXXX TDI ( " XXXX '' ). The net proceeds available from the trade-in totaled {$7900.00} ( trade-in value of {$18000.00}, minus loan payoff of {$10000.00} ). On XX/XX/XXXX the transaction was finalized as XXXX delivered the purchased vehicle ( XXXX ) and picked up the trade-in vehicle ( XXXX ). XXXX offers a XXXX return policy. We had the XXXX inspected, twice, and under both inspections the XXXX failed inspection for a variety of reasons. XXXX 's return policy does not require inspections or an explanation. On the XXXX day post-sale, upon completion of the XXXX inspection, on XX/XX/XXXX we notified XXXX in writing that we would be exercising the return policy. Our notification to XXXX was outlined in an email explicitly following and matching XXXX 's instructions and policies for return of the vehicle. In addition to the email notification, we notified XXXX by phone, speaking directly to XXXX of their customer service representatives. XXXX acknowledged our notification and provided a written response, confirming the return. XXXX identified the individuals within their organization that would handle the return as the " buy-back team ''. Contacting the buy-back team at XXXX is nearly impossible, unpredictable, to reach them can take 7 - 10 day, just to ask a simple question or get someone to reply. XXXX reason contacting them is so difficult is because the phone number that we have been provided for the " XXXX '' department is non-working/disconnected phone number. When calling the number ( the only number ) provided, a recording plays notifying the number has been disconnected. Other associates at XXXX that we are able to contact are " sales '' people and generalized customer service representatives that do not have any information regarding our return ( buy-back ), they are unable to provide information, updates, etc ... Over the course of XXXX we have received XXXX, each stating a nearly identical status report ; " someone from the buy-back team will be in contact with you over the next couple of days, regarding the return of your vehicle ''. XXXX problem is that no one actually contacts us. We have to spend days/hours on the phone attempting to navigate through a series of individuals until someone is able to reach XXXX of the buy-back team members and transfers our call. Most days we are unsuccessful in connecting with an employee capable, willing, or able to connect us to the buy-back team. During XXXX level of correspondence XXXX advised that they would not return our trade-in vehicle ( the XXXX ). XXXX would not answer or confirm if our trade-in vehicle had been sold to another party, alluding to having transported our trade-in to XXXX of their processing locations, and advised that XXXX had no interest in returning our trade-in ( although it had not been sold ). On or about the same date ( around XX/XX/XXXX ), we notified XXXX that we would prefer to return the XXXX and perform what XXXX described as a " Swap '' for a different vehicle from XXXX 's inventory. XXXX arranged for the original financing and advised they would administer the return of the purchased vehicle ( XXXX ), the delivery of a different vehicle ( a XXXX XXXX ), and the financing for the XXXX XXXX. We selected a XXXX XXXX from the online inventory at XXXX and provided the buy-back team with the VIN # and vehicle description. An agent of XXXX confirmed that the " swap '' vehicle was in process. XXXX later an associate of XXXX notified XXXX that the " swap '' vehicle ( XXXX XXXX ) had been sold to someone else, and notified us that the swap had been cancelled. We notified XXXX in writing and by phone that at no time did we ( the consumer ) cancel the swap, and expressed our frustration and challenges. A XXXX associate advised that we could select a different swap vehicle. We searched their inventory and selected a different ( XXXX ) swap vehicle ( a XXXX XXXX XXXX ), providing the VIN # and vehicle description. This information was provided via email and by phone. XXXX confirmed receipt of the information and confirmed that the new " swap '' for a different XXXX XXXX was in process. Since providing a confirmation email of the XXXX swap ( on XX/XX/XXXX ) XXXX has provided XXXX names of " buy-back team members '' ( XXXX and XXXX ) XXXX XXXX associate can be reached by phone, neither buy-back team member has a direct phone number, extension, and customer service representatives insist that neither " XXXX '' or " XXXX '' have a work email ; the only way to attempt to reach either person is through a group email only, to a generic email inbox at XXXX. Neither associate ( XXXX or XXXX XXXX responds or replies to the emails we have sent to the " buy-back group/team '' email address. No one replies to the emails we send. No one from the XXXX team returns our calls. Since XX/XX/XXXX we received XXXX email reporting that a " buy-back '' team member is working on our swap ( for the return of the XXXX, purchase of XXXX XXXX XXXX XXXX and they will be in touch within a few days. Today is XX/XX/XXXX, which is XXXX since we initiated the return of the XXXX, and approximately XXXX from the date that XXXX reported they would XXXX our " Swap '' fo the XXXX for the XXXX XXXX. We are unable to verify financing, financing terms, swap vehicle availability, or a refund of our trade-in net proceeds, the pick up date/time for the XXXX, the delivery of a " swap '' vehicle ( XXXX XXXX ), etc, etc... No information has been provided. Additionally, without the delivery of the swap vehicle ( XXXX ), or a return of our trade-in net proceeds, we are without a vehicle, and without proceeds for a down payment with a different company. XXXX has threatened to charge us {$1.00} per mile that we drive the XXXX. We find that threat and representation egregious, in light of their non-performance. Their non-performance is the reason why we do not have another vehicle to drive. We are unsure how they can rationalize their threat/representation of the {$1.00} per mile fee/charge, since the circumstances and situation are a direct byproduct of their non-performance. We believe the solution is simple- either return our trade-in net proceeds ( immediately ) so we can go elsewhere to acquire a vehicle, and then at your ( XXXX 's ) convenience come pick up your vehicle ( XXXX ), or immediately perform on delivery of the terms/financing for the swap vehicle ( XXXX XXXX ), and XXXXmmediate delivery of the swap vehicle ( XXXX XXXX ) when picking XXXX XXXX XXXX.

Company response to consumer: Closed with non-monetary relief