Consumer complaint received 2021-08-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Fraudulent loan

Complaint:
on XX/XX/2021, I went to XXXX XXXX XXXX XXXX to purchase an automobile for myself for my family to be able to get around. I applied for the XXXX XXXX as told to do by sales associate. I was advised that I was approved but I would have to pay a down payment in order for it to be approved. I was told that I MUST obtain insurance for the automobile and that they would register it for me, and add the charges into the total cost. I had to wait 2 days to pick up the automobile and in the mean time had to find and pay out of pocket for insurance of the automobile. On XX/XX/XXXX, I received in the mails an attempt to collect a debt from Capital One stating they are the Creditors and I owe them from an alleged debt that claim I owe. I sent a validation of debt letter certified mailed as well as cease and desist due to the harassment or phone calls, emails regarding this matter. Now they are fraudulently calling my consumer transaction a loan, which documents show was from the seller XXXX XXXX XXXX, no money was ever given to myself by Capital One. I was also charged a " finance charge '' which is supposed to include insurance of the consumer good if it is required as they advised me it was before I could obtain such goods. XXXX XXXX XXXX also would not approve me for a certain amount unless I put down a down payment, but after I was able to successfully purchase additional warranties for the consumer good which increased the total sale price after being told I would only be approved for a lower amount. Now Capital One has since mailed multiple letters advising That I, a consumer, for the purchase of XXXX XXXX from XXXX XXXX XXXX, owe a debt and if not paid, will result in repossession as well as negative consumer reporting actions. I sent by certified mailing on a validation of debt, an affidavit, as well as a cease and desist. Capital One claims to be the creditor but also states they are attempting to collect a debt, but the " retail sales contract '' which is actually a XXXX XXXX transaction states the seller/creditor as XXXX XXXX XXXX, and Capital One Auto Finance is not mentioned, they have used deceit and undefined terms to attempt to collect a debt and also fraudulently claim interest with no value given. Capital One does not have any judicial judgements against me and therefore have no actual claim as They are not the original creditors in this matter and are not the holders in due course and if so has not shown me to be. Also, calling it an auto " loan '', as this is a XXXX XXXX transaction evidenced by the " Finance charge '' which is supposed to include cost of insurance as well which they said I MUST cover. Capital One Auto Finance is claiming to be the creditor, however by definition 15 USC 1602 they did not sell the XXXX XXXX. They are bankrupt according to law and therefore can not lend money, nor other peoples money. If they are indeed the Original Creditor, I was not provided full disclosure and they have willfully misrepresented the facts of this matter. Capital One in the midst of this has violated multiple of consumer rights shown with exhibits. I have received multiple calls, I have a recording of a representative telling me I owe the debt and that I have to pay, using profane language, and falsely stating capital one gave me the money to buy the consumer good. On XX/XX/2021 I mailed by certified mailing # XXXX XXXX XXXX XXXX XXXX a validation of debt request, cease and desist and affidavit as well as an invoice for the current amount due from the current violations my my consumer rights. I do not understand Capital One 's Role in this matter, I do no consent to their proceedings and do not consent to them continuing to abuse my consumer rights. They are attempting to collect a debt and are now using methods that have violated my consumer rights. They have no provided any value or consideration to be able to enforce a security interest, they have not acted in good faith, and continue to threaten repossession and possibly taking legal action which is a violation in itself.

Company response to consumer: Closed with explanation