Consumer complaint received 2022-06-27
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem while selling or giving up the vehicle

Complaint:
I purchased a XXXX XXXX XXXX on XX/XX/XXXX from your dealership, XXXX XXXX XXXX located at XXXX XXXX XXXX XXXX, TX XXXX. I worked with XXXX XXXX and XXXX XXXX on the purchase of this vehicle. Upon entering your dealership I let XXXX XXXX know that I was in the market for a vehicle under {$10000.00} with {$500.00} to put down. XXXX XXXX let me know that the XXXX XXXX XXXX would be a vehicle I could finance with their dealership based on the criteria mentioned above I provided him ; in addition to my paystubs from XXXX XXXX my XXXX positions. Once we finished the test drive I asked XXXX XXXX for the XXXX. XXXX XXXX let me know he would retrieve it for me once we returned inside and then proceeded to give me a verbal express warranty that all cars the dealership bought were fixed up and investigated thoroughly for problems before selling. I had let XXXX XXXX know that I was not as knowledgeable with vehicles and felt cautious towards purchasing a vehicle. Once we were inside and I read through the XXXX, XXXX XXXX confirmed with me that the car only had one prior owner and no accidents so I would have no known problems in the near future. XXXX XXXX went into the financial building to discuss with XXXX XXXX the requirements for me to finance the vehicle. Initially XXXX XXXX came back to me asking for a larger down payment but I reiterated that I could only put down {$500.00}. When he returned he said that the {$500.00} down payment would work for today but I would owe them an additional {$500.00} to be paid in XXXX payments. The first payment of {$250.00} was due by Friday XX/XX/XXXX and the second payment of {$250.00} was due on Friday XX/XX/XXXX. I signed a paper agreement that noted the payment arrangement. XXXX XXXX asked me about my previous job at a law firm. I was confused how he knew about my past job experience since I had only discussed and shown bank statements for my current jobs. XXXX XXXX proceeded to tell me that according to the financer Capital One I still worked at the criminal defense law firm because no bank would approve anyone who worked for XXXX. Once I had obtained car insurance for XXXX XXXX we went to the financial building to speak with XXXX XXXX. XXXX XXXX again reiterated that I worked at a law firm for the bank and if they called to do a bank interview thats what I had to say. He lowered his voice and shut his door to discuss this matter with me. XXXX XXXX printed out the contract for me to sign. He did not go over any of the paperwork with me and only told me where to sign. I left to retrieve my cash down payment and returned to pick up the car that day. 

On the XXXX of XX/XX/XXXX my check engine light came on after my vehicle would not start. I turned the engine over three separate times to get it to turn on. On XX/XX/XXXX I went into the dealership to bring my next payment to XXXX XXXX. I brought him a cash payment of {$260.00} ( {$10.00} over the original due payment ) and let him know of the check engine light. He told me that his shop had over a backlog of 2 weeks before he could get my vehicle in to get looked at and to take it to a mechanic shop to be looked at. He proceeded to tell me that it was most likely nothing to worry about. I brought my car to XXXX XXXX XXXX XXXX at XXXX XXXX XXXX XXXX XXXX, TX XXXX. The moment the mechanic got into my vehicle, the vehicle immediately stalled. He wasnt able to turn the car back on to get it into the garage for 15 minutes. After the mechanic scanned the vehicle he came inside the shop and asked me how I was able to drive to his shop because his scanner was reading off a multitude of codes. He let me know that he wanted to keep the vehicle for the day to continue to read through and look up all the codes the car was giving off. After I left the mechanic shop I called XXXX XXXX. I let him know what the mechanic said about my vehicle and he said that he would talk to his shop manager on XXXX  XX/XX/XXXX about trying to get my vehicle in sooner to check it out. The same day the mechanic called me to come collect my car and that the vehicle was reading off twenty different codes. He told me that no dealership would have been able to sell me this vehicle without knowing about all of these error codes. On XX/XX/XXXX I picked my car up from the mechanic and he let me know he wasnt sure if the car would stall again 5 miles or 100 miles down the road and to be extremely careful. 

On Monday XX/XX/XXXX I brought my vehicle back to XXXX XXXX XXXX to XXXX XXXX office. I brought a friend of mine with me who has experience with mechanics and working at a dealership. I told XXXX XXXX what the mechanic told me and that I would like to return my car because I was deceived in being sold a car that has so many problems and that the dealership took advantage of me. He told me that I had to sign a paper and I could return the car. He was pleasant to me and my friend until I brought up how I would receive the refunded down payment and how the bank would know I returned the car in relation to the loan. He told me I wasnt going to get any money back and I would have to take it up with my financer. My friend asked XXXX XXXX why I would not receive the down payment back. XXXX XXXX responded with, thats just not how it works. My friend asked him to explain to me why that I wouldnt receive my down payment back when I returned the car. XXXX XXXX would not give any reason other than the former explanation. My friend said that when you buy any item that is malfunctioned and return it, you receive a refund for the item. XXXX XXXX said, This isnt a toaster. My friend told XXXX XXXX the dealership deceived me in selling me the vehicle because there was no way they wouldnt know what was wrong with it beforehand. XXXX XXXX became very angry and begun yelling at my friend that he wasnt a liar. Things begin to escalate from XXXX XXXX position as he was yelling at my friend and me about him not being a liar when we both were telling him that it wasnt a personal attack but the dealership knew what was wrong with the car and decided to sell it anyways. Eventually my friend had to leave the room because he was in fear of XXXX XXXX physically assaulting him. XXXX XXXX had stood up out of his chair multiple times and began to be physically close towards my friend. After my friend left, XXXX XXXX left the room and XXXX XXXX came into the room. XXXX XXXX asked me about my vehicle situation. I explained to her what the shop mechanic had said about my vehicle. She told me she was apologetic towards my frustration but there wasnt anything she could do and she didnt understand where I thought I was deceived. I told her XXXX XXXX gave me a verbal express warranty telling me that the vehicle was thoroughly checked for any problems and if there were any problems they would already be fixed. I proceeded to tell her about the Deceptive Trade Practices Act ( DTPA ) that protects me as a consumer from being deceived or mislead to purchase this vehicle. She told me no law exists that does that. We went back and forth with me consistently telling her that I was deceived by the dealership in the condition of the vehicle. After her telling me there was nothing I could do I asked for my vehicle back and would have to proceed with this further. She accepted and told me she would bring me my vehicle back as earlier XXXX XXXX took the vehicle to their shop to be looked at while I was speaking with XXXX XXXX. I went outside to speak with my friend and XXXX XXXX came outside to ask if I still wanted them to check the car and drive it. I told her yes in hopes they would see all the problems with the car and take the vehicle back as originally requested. After looking through my paperwork I notice my GAP insurance had a different car and VIN on it. I spoke with XXXX XXXX and showed her the document. XXXX XXXX took the document inside with her and said she would get the corrected document. I was immediately concerned as to why my contract paperwork that was sent to the bank would have a completely different vehicle and VIN on it. I immediately followed her and was brought back into XXXX XXXX office alone. He told me to sign the new XXXX document. I kept both the original and the new document. Once the shop manager, XXXX XXXX, was done looking at my vehicle she said the only code that popped up was for a catalytic converter. XXXX XXXX had shown me earlier that the dealership warranty on my vehicle would replace only emissions malfunctions as I had no warranty with the dealership. XXXX XXXX told me that none of the problems I had told XXXX XXXX were showing in the car such as the car stalling out, not starting, spontaneously jumping in the gas or break when my foot isnt on either, and had no other codes on the scanner. XXXX XXXX and XXXX XXXX told me I should take the car to a XXXX dealer they recommended to get the catalytic converter replaced under warranty. And if the XXXX dealer found anything else wrong with the car to let them know and they would get me in touch with another shop that could help me fix the vehicle. They would not be the ones to fix or replace anything in the vehicle. The entire time XXXX XXXX kept referring to my car as a XXXX instead of a XXXX, as he wasnt aware of what sale we were discussing anymore. I left the office and went to talk with my friend who was sitting outside in his car. He said when XXXX XXXX pulled the vehicle up next to him she was driving it extremely slowly and it stalled when she parked it. I went to start up the vehicle and it turned over three times before it started. I drove 2.8 miles before my car completely stalled out at XXXX XXXX XXXX XXXX XXXX, TX XXXX. I had to leave my vehicle in a restaurant parking lot. 

I went to XXXX XXXX XXXX  hoping to get a vehicle I needed and instead was deceived and misled to buy a vehicle that can not drive. I was told to lie to my vehicle financer about my current job by two employees at XXXX XXXX XXXX. I attempted to return the vehicle for a full refund ( down payment and refund to the bank ). XXXX XXXX XXXX refused to refund and accept the car back ; as well as refused to fix any problems that were found. 

I recently acquired XXXX XXXX and the attorney 's office of XXXX XXXX XXXX, XXXX. The attorney I've been working with is XXXX XXXX, phone number XXXX. They are currently writing a letter to the dealership on my behalf and she advised me to fill out this complaint with the consumer financial protection bureau and the Attorney General 's office.

Company response to consumer: Closed with explanation