Consumer complaint received 2019-07-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
I contacted Capital One Auto Finance on XX/XX/2019 with the intent to set up some form of payment arrangements to repay the past due amount on my loan. I explained the situation that I had lost my job and recently found another job. And that this was the reason for the loan becoming delinquent. I did have a previous payment plan setup that I had a family member helping me with. But for some reason two of the payments came back as returned. This is reason why I contacted Capital One to see if there was any kind of alternative arrangements that could be made. I was advised by the representative that the account was still under the previous plan. And I was asked if I could at least make one payment of {$390.00} by XX/XX/XXXX. I stated that I could certainly do this. He advised that the car would be safe and secured from any repossession activity till this time as long as I called in by the XXXX at XXXX XXXX central time to make the payment of {$390.00}. On the morning of the XXXX I went out side and found that my vehicle was gone. That it had been picked up some time between late Tuesday evening and early Wednesday morning. I was very upset as I was mislead to the fact that my vehicle was secured and that I had a standing arrangement with Capital One. I quickly called Capital One to find out why this event had occurred and was told that it was previously in the system for this to happen since I was delinquent and that I have payments that had returned. I once again explained my situation and was told that there was no notes in the system in regards to the discussion I have previously on the XXXX. Also the representative got very short with me and argued with me when I requested that since I had a previous arrangement and was told that my vehicle was secured till the XXXX and requested that my vehicle be returned to me. He stated that since it was already repossessed that I could not have it returned and honor the agreement. I had to pay the total amount past due and any fees assessed due to the repossession. Which in that same conversation with him he gave me at least two different amounts, one of {$2200.00} and another of {$2700.00}. This is the point that I asked that since I believed that is was unfair and deceptive act, and that I believed to go against UDAAP. And that I believed that this was grounds for a possible lawsuit. And that since he was not willing to work with me, I wanted to talked to a supervisor. At this time that he could transfer me to a escalation department. I told him to proceed, so I could do what ever is needed to have this issue rectified and have the vehicle returned to me. At this time I was transferred and another representative and I went over the situation again. She advised me that she would submit a request to upper management to see if the repossession could be over turned and reinstate my original agreement and move forward with arrangements to bring the loan current. She advised that it could take a couple of days. But it was possible I might hear back later that day ( XX/XX/XXXX ). I did not receive a call until Friday XX/XX/XXXX, that I could not answer since I was at work. I have to call back on my lunch break. And was told that management had ruled in my favor as it was put and that they would have the vehicle returned to me at no charge to me. As well as no negative credit reporting for this incident. I was advised that due to the time of day and that it was Friday the lot of which my vehicle was stored would not be able to bring my car back till Monday or Tuesday of the following week. I asked that if I would be able to pick up over the weekend, and was told no that the lot did not have anyone there to process the release, they only have drivers out picking up vehicles over the weekend. I said ok that would be fine. Monday came and passed I did not hear from anyone. On Tuesday about XXXX to XXXX XXXX  still did not hear anything so I called Capital One back to see if there is something else that needed to be done or if I needed to call some one else. I was advised that the release was sent over on Friday. And the request to have all of the fees paid by capital one was approved on Monday. And was advised to call the lot myself to inquire about the time they would be returning the vehicle. Of which I did but I had to leave a message the person that handles these items was busy with another person. About 30 minutes later he called back and he advised me that he had someone heading to the lot currently and that he would have the driver call me with a ETA of when he would be at my home with the vehicle. Shortly after I got off the phone with him, the driver did call and verified the address and the vehicle was returned at roughly XXXX XXXX. At this time the driver notified me that my vehicle was close to being sent to auction. He had me sign a few documents while my vehicle was still on the tow truck. All of my possession I had in the vehicle from what I could tell was bagged up and placed in my back seat and trunk. I was not given time to go thru all of it to verify if everything was there. As well as I noticed a mark on the front tires and on the back drivers side door. The driver stated that there was nothing done to the vehicle after it was picked up and that it was on camera from the time it was picked up to the time it was at the lot. After the paperwork was signed the driver got back in his vehicle and put the car back on the ground and proceeded to leave at this time I noticed damage to my windshield and to the front bumper of the vehicle where the tow arm had went under the vehicle. I immediately called Capital One to notify them of the issue and was told that I needed to take pictures of the " alleged '' damage and get one estimate of the repairs and send to a specified email address ( XXXX ). And that I had to get this sent with 14 days. And that they would go over this with the tow lot " Quality Recovery '' to figure on who would be paying for the repairs. I am waiting to hear back at this point in time. The loan information is as follows : Capital One Auto Finance, Loan # XXXX, last 6 of Vin is XXXX. Borrowers : XXXX and XXXX XXXX.

Company response to consumer: Closed with explanation