Consumer complaint received 2021-08-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
XX/XX/XXXX, a vehicle was purchased in MY name using MY SSN/SS CARD. 

- the agreement was that a loan would be issued directly to me ( to purchase/take ownership of said asset ) based from an approval after assessment of my social security number/card. [ see definition of a credit card/social security card by referring to the TRUTH IN LENDING ACT 15 USC 1601 ]. Funds were never issued directly to me, and documents confirming ownership of said asset have not been transferred to me. My name is listed on the title/documents of ownership, but I am not in possession nor control of these documents of ownership. I am in PHYSICAL possession of the asset, which makes it mine ( as stated in Black 's Law Dictionary, possession is the fact of having or holding property in one 's power. That power means having physical dominion and control over the property. That dominion and control may be exercised by excluding others, or letting others in ). My name is listed on the documents, which means that my documents of ownership are being held against my will and without my consent by a party ( debt collector/self-proclaimed creditor ) who is NOT listed as the owner of the asset. A promissory note was issued to the seller by the self-proclaimed creditor when the agreement was that MONEY be issued to ME. The title/lien was transferred to the self-proclaimed creditor with MY name listed when it should have been transferred directly to me. 

By use of MY social security card, I am the original creditor. Any entity listed as a creditor on a loan granted by use of MY social security number makes ME the original creditor. An entity listing itself as the creditor without my consent/approval has committed fraud. Also, any entity reporting me as OR referring to ME as a borrower has committed fraud ( FDCPA 15 USC 1692 never uses the term BORROWER. I can not borrow my own money, as I am the original creditor ). In doing so, they furnished a deceptive form pursuant to 15 USC 1692j. According to U.S. vs. Throckmorton, 98 US 61, fraud vitiates ANY contract and all of its conditions.

As stated in Black 's Law Dictionary, possession is the fact of having or holding property in one 's power. That power means having physical dominion and control over the property. That dominion and control may be exercised by excluding others, or letting others in. 

Repossession is illegal pursuant to 15 USC 1692e. In XXXX of the year XXXX CAPITAL ONE traced a vehicle in MY possession with MY name listed on the title and dispatched a tow truck company to illegally seize my property at a time I was expected to be sleeping. This is theft. My property was recovered, but after a highly strenuous process that I should not have been subjected to under any circumstances. The contract, which Ive attached photos of, stipulates that capital one can take the vehicle. Why would they include ILLEGAL THEFT in a contract for me to sign? 

- As remedy, I am seeking the following : XXXX out all balances, RE-payment of all interest I have paid to CAPITAL ONE ( as I, the consumer, retroactively disagree to being charged interest pursuant to 15 USC 1692f ), and DELETION FROM ALL CONSUMER REPORTS I do/did not consent to my information being sold, and it is ILLEGAL. 

My reputation and creditworthiness are being tarnished due to information furnished to credit reporting agencies WITHOUT MY CONSENT. This is clearly oppressive, as I am not able to purchase a home ( having a place to reside is a basic need and is being obstructed ), I am not able to rent under normal circumstances, I am not able to exercise my right as a consumer to use credit for necessity purchases. I have been subjected to the stress and denigration of being told repeatedly that I am not able to obtain access to things that a natural person may need. This is HARMFUL, and is the result of the unauthorized action taken against me by using MY social security number/card as a weapon against my own progress. 

IT IS IDENTITY THEFT TO BUY, SELL, OR USE MY INFORMATION ( SSN/NAME/NPI ) FOR PROFIT WITHOUT MY CONSENT. 

I sent 2 letters to Capital One Auto Finance, one dated XX/XX/XXXX and the other sent in XXXX of XXXX. Both letters requested that these fraudulent reports of creditworthiness be removed from the records for ALL major credit reporting agencies. The information has not yet been removed. I spoke with a representative on approximately XXXX and was informed that the cease and desist had been received. In this case, my requests should have been fully acknowledged. I am a federally protected consumer.

Company response to consumer: Closed with explanation