Consumer complaint received 2016-12-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: VA
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Managing the loan or lease

Complaint:
I recently refinanced with Capital One from XXXX in XX/XX/2016. I then got into a major car accident on XX/XX/2016 which resulted in a total loss. This was the worst scenario that could have happened. My complaint branches from the lack of knowledge incorrect information repeatedly given to me by the agents in the total loss department of the Capital One Auto Finance Department. I was sent the paperwork for a power of attorney prior to my accident, and then right after the accident I called Capital One to see if they still needed this information due to the fact the car was now in a total loss status and there would no longer be a loan for that particular car. The agent I spoke with went to call over to a department and inform them of the total loss and returned to the call and stated not to worry about it they would not need any of the loan paperwork now that the car was totaled. I later was on a 3 way call with XXXX and the total loss agent who stated they were finalizing the title and that they had received my power of attorney paperwork on a previous date. I informed the XXXX agent this was incorrect and that I had not sent this information because I was told that it was unnecessary. The XXXX agent clicked back over to the Capital One agent who stated I could fax over the power of attorney and that " it would not hurt to receive this information twice '' ( and they provided the XXXX agent a fax number ). I faxed over the paperwork right at that time ( XXXX XXXX ). I called Capital One a few days later and found out that there was a delay on the finalization of my title ( which was needed by XXXX to issue payment ) due to the fact they had not received my Power of attorney. I stated I had faxed the document, and was informed that they can not take a legal document faxed and that they do not know why I was given this misinformed information. I immediately sent the information in the mail, but by the time they received this it had been almost a month which is delaying the process further. XXXX would not be paying the car off in full, so there would be a remaining balance. I spoke to XXXX different agents at Capital One, who stated that I would still be responsible for payment of the remaining balance, which is reasonable. The first agent stated that I would have to pay my same loan monthly amount that I currently pay until the loan was paid in full, and the second agent stated that Capital One makes payment plans and would work with me to resolve the balance, and that I would not have to pay the full amount of a monthly payment as if I had a loan the payment amount would be less. I was fine with this. What brought me to this report was today XX/XX/2016 I spoke with an agent that told me the exact opposite. He stated I would be responsible for the remaining balance in FULL once XXXX issued them their payment. That there is no option for payment plans and that I was told incorrect information. At this point I am completely furious with the agents and their lack of knowledge. Because of them I have had a delay of almost a month for the title and then the title is still not finalized, therefore XXXX still has not issued them payment and I have made XXXX monthly payment as of tomorrow for a car that is no longer in my posession. I would like to report Capital One Auto Financing for the Unfair Deceptive Practices Act. I have their online website for total loss that states if you have a total loss with a remaining balance call the number and discuss payment options. I feel this is highly misleading if there are NO payment options. You have to pay the loan in full and anything less than that amount I was told would still cause a past due amount.

Company response to consumer: Closed with explanation