Consumer complaint received 2023-06-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Loan balance remaining after the vehicle is repossessed and sold

Complaint:
I made contact about a XXXX XXXX XXXX with XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  through an online application ( XXXX  ) on XXXX XX/XX/XXXX. The dealer address is XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX. I traveled to enterprise car sales in XXXX XXXX the same day. I was informed that the XXXX was in was in XXXX XXXX and it would be {$1800.00} to transfer that vehicle to XXXX  and could take up to a week for the vehicle 's arrival. The salesman had me look again on their site and I found a vehicle ( XXXX XXXX XXXX # XXXX ) which was located in XXXX XXXX The transfer fee was {$600.00} and advised it would arrive within 3-7days. I presumed that because Ohio was 6 hours or so from XXXX, I would have the vehicle sooner than later. on XXXX XXXX, I paid the transfer fee of {$600.00} and {$2500.00} deposit on the vehicle. I went to XXXX XXXX XXXX  on the XXXX XXXX inquiring if the vehicle arrived or if they could find out where the vehicle was in-transit because I had only scheduled to have the rental vehicle for three days and was told that due to the holiday additional time was needed for the vehicle arrival but should be there by XXXX XXXX. The delayed time for vehicle arrival caused me to extend the time and cost of the rental vehicle. I was very disappointed with that information because the transfer fee of the vehicle says it was non-refundable! I had to return the rental vehicle early on XXXX XXXX because of the extended cost. I received a call around XXXX on XXXX XXXX advising that the vehicle had arrived but still unavailable for pickup because it was too late to complete XXXX Inspection which could be taken care of the following day. Requested that I come up and check out the exterior of the vehicle and pay {$2500.00} of the down payment. I traveled to the location and was only able to view the exterior of the vehicle and not take possession of the vehicle. I received a call the following day advising the vehicle was inspected and I got a ride over to the vehicle after I got off work on XXXX XXXX. I drove the vehicle for almost one day and the engine light came on the XXXX XXXX but XXXX XXXX sales was closed. I took the vehicle to an auto store and XXXX XXXX checked the engine code and XXXX indicator was highlighted. I traveled to XXXX XXXX XXXX and XXXX XXXX met me there to return the vehicle to the dealership on XXXX XXXX for them to get diagnostic and or repairs ( fix the issue ) of the engine light or keep the vehicle. One of their policies says a 7 day return ( they are closed on Sundays ) /1000 miles or less. Well, I was told to just run the vehicle over to XXXX in XXXX XXXX, XXXX  to get the vehicle diagnosed since it was still under warranty. I presumed that it would be ok. I traveled over to XXXX  XXXX XXXX and due to the time of day Nissan Rep advised me to either drop the vehicle the night of XXXX XXXX or bring the vehicle first thing on XXXX XXXX they in-take 830/0900. Due to having Military drill weekend on XXXX XXXX, I went to XXXX on XXXX XXXX and waited to have the vehicle checked-in. Unfortunately, I wasn't advised until XXXX XXXX that XXXX XXXX XXXX did not have a diesel mechanic to service the vehicle I purchased and that I would have to contact XXXX in XXXX XXXX, XXXX or XXXX in XXXX, XXXX. I contacted XXXX in XXXX and was advised that the diesel tech was on vacation but would return on XXXX XXXX and they set the appointment. I took the vehicle to the appointment, the vehicle was diagnosed with a having known issue with the catalytic converter and that the part was not available nationally, the engine code issue wasn't not new on that vehicle, and that engine light was being reset and the vehicle not being repaired but being resold. The vehicle was a lemon and needed to be returned to the dealer. I called the finance company ( I spoke with XXXX of the Funding department of Capital One Auto Finance ) advising that I was sold a lemon and had the documentation. I was advised that the dealership had to cancel the contract but she would annotate the account. I called the dealership and advised that I would be returning the vehicle because they needed to have the vehicle repaired or replaced. This problem substantially impaired both the use and value the vehicle. Therefore, if the dealer was unable to correct the problem in a reasonable number of attempts as defined in Maryland Automotive Warranty Enforcement Act ( Md. Code Ann., Com. Law II, 14-1502 ( d ) ), I would expect you to [ repurchase or replace ] the vehicle pursuant to 14-1502 ( c ) of the Act. The vehicle was repossessed and unrepaired. I mobilized to XXXX XXXX shortly after and was advised to submit a complaint under SCRA.

Company response to consumer: Closed with explanation