Consumer complaint received 2021-11-20
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MS
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Denied request to lower payments

Complaint:
In 2019 I was let go of my job. I contacted Capital one XXXX XXXX and explained the situation to them. They advised me they would put XXXX payment on the back end but to keep them up to date on my job situation. 

Well, every week I was unemployed I contacted them telling them I was still looking for a job and that because I was taking care of my mother who was bedridden it was hard to find an employer who would work with the times I needed to be home. 

XXXX day I received a call from a company called XXXX XXXX XXXX. They apparently had been looking for me and the truck at an old address and I told him that I had a job interview coming up and that I was going to resume making the payments. He told me to keep him informed and I told him I would. 

A few days later he called me and advised me that they would be seeking to put a warrant out for my arrest because capital one told them to. I told the man I can't see how they could get me arrested for being behind on payments and he told me that I stole capital one 's property and because I refused to return it that it is just like renting a car and refusing to return it. I told the man I was going to go talk to a lawyer and hung up on him. 

While I was awaiting a call from our local free legal clinic I received a call from a man named XXXX XXXX who told me he was with XXXX XXXX XXXX and he was reaching out to me. I told him I had already spoken to another guy and I was waiting for the legal clinic to call me back on what I needed to do. 

So the man asked me who I spoke with and I gave him the other guy 's information and he told me to go ahead and wait for the clinic to get me in and he would hold off a few days to see what I was told. 
Well, the next day he called me again and told me he spoke to capital one on the situation and that he found out that they were pursuing auto theft charges and he told me that once that happens there is nothing he can do to help me. 

So I asked him what it was he was trying to help me with and he told me that if I turned in the vehicle that they would mark it a voluntary repo. So I told him no that i needed the car to go to work and he kept saying if I was arrested there was nothing he could do to help me then id has a felony charge. 

So I told him that if I allowed them to repo the vehicle I would not be able to get another car and he told me that if I voluntary gave him the car that day, that within XXXX months capital one would allow me to get another loan and he also told me that in good faith for working with him that he was told by capital one it would show as a XXXX balance on my credit report, nothing would be owed and it would not be reported as a repo to hinder me from getting another loan. 

So this year after finding out that this tow company lied to me I have been getting the run around from both the credit reporting agencies and Capital one when I call them on this issue wanting to know why it shows a repossession and late payments when I was told neither would be on my credit report if I voluntary gave them the vehicle. 

I am now wanting to sue because of this illegal practice they did.

Company response to consumer: Closed with explanation