Consumer complaint received 2023-09-16
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Repossession
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
I am writing today as a concerned consumer who recently purchased a car from XXXX XXXX Mitsubishi  on XX/XX/XXXX, with financing provided by Capital One Auto Finance. Before delving into the matter, I would like to emphasize my intention to settle the outstanding balance despite facing recent financial hardships and questioning the integrity of both XXXX XXXX XXXX And Capital One. Over the past few weeks, I have had the opportunity to carefully evaluate the retail installment contract, and I regret to inform you that I have discovered numerous violations of my consumer and civil rights by both XXXX XXXX Mitsubishi and Capital One Auto Finance. These violations include misrepresentation, unfair lending practices, deceptive practices, unsolicited charges/fees, breach of contract, infringement of privacy rights, securities fraud, and instances of identity theft. The severity of these issues warrants prompt investigation and swift resolution. Furthermore, I have received multiple threats from Capital One Auto Finance regarding repossession of my property. Moreover, I have been incessantly harassed by Capital One Auto Finance agents via recorded telephone calls, demanding full payment. In response, I requested original documentation outlining the bilateral consent between Capital One and myself, but regrettably, none of the requested documents have been provided. It is my belief that these allegations were carried out knowingly and willingly. I can assure you that I possess detailed documentation that substantiates my claim, which I am more than willing to provide. I am aware that the XXXX XXXX XXXX ( SEC ) enforces strict laws and regulations to prtect investors and consumers as well as the integrity of the fancial market. It is evident that both Capital One Auto Finance and XXXX XXXX XXXX have knowingly and willingly committed securities fraud by way of the employees, agents, and representatives involved in this consumer transactions. I will list some below : -15 USC 1635 Right to rescind contract. ( the car lot failed to mention this was a possibilty and Capital One cant even produce a contract ) -15 USC 1692c False representation -15 usc 1692a Definition of debt and debt collectors. ( This is important as I understand Capital One Financial Corporation to be a financial institution and not a debt collection agency, however, I have received numerous correspondence stating their claims to attempt unvalidated debt. ) -15 1662b Cash or FRNs are not required for a credit transaction. ( I was told that I had to pay {$2500.00} dollars as downpayment in order to travel off the lot. ) -15 1666b ( a ) No such thing as late payments. ( Even so, Capital One has reported negative information to the credit beauraus multiple times even though I never gave them written or orall permission to do so. And I never gave the credit beauraus written or oral permission to post negative information. ) 15 USC 1605a XXXX CHARGE is the sum of ALL payments. ( Even So both Capital One and XXXX XXXX knowingly and willingly tried to charge me over {$40000.00} dollars for a XXXX used car. ) 15 USC 1681b Identity theft ( due to suspected securities fraud by both Capital One and XXXX XXXX Mitsubishi which too was done knowingly and willingly ) -15 USC 1681n willful non-compliance XXXX XXXX XXXX XXXX XXXX XXXX XXXX WE THE PEOPLE are in fact the original creditors. 
-42 USC 408 shouldnt ask for XXXX on loan as it fraud. 
-12 USC 1431 Banks can not loan money as they are the borrowers -15 USC 1692f NO REPO OR FORECLOSURE -31 USC 5118 OBLIGATIONS CAN BE DISCHARGED WITHOUT LEGAL TENDER.

15 USC 78cc ( b ) ( c ) Validity of Contract ( Contract and loan void due to allegations ) -15 USC 6821 Privacy protection for customer information of fnancial institution. ( Clearly no one cared that I was a customer at Cap One. Also securities fraud comitted when XXXX was placed on mode of conveyance ( car ). And when application was turn in to federal XXXX bank on behalf of XXXX XXXX XXXX AND XXXX XXXX ) -31 USC 3123 ( a ) ( b ) Payment of obligations and interest on the public debt

Company response to consumer: Closed with explanation