Consumer complaint received 2017-06-14
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Denied request to lower payments

Complaint:
Back i n  XX/XX/XXXX  I w ent in to payment arrangements to make up for an arrearage in auto loan payments th at Capital One Auto Finance said I  had to enter into before allowing  2 payments t o be added to the end of my loan period as a means to bring my account current. In order to do so I had to agree to ACH payments on a given date each month, which I did. They were to take out  XXXX  on   XX/XX/XXXX ,  XX/XX/XXXX  and  XX/XX/XXXX . I gave  them my bank account routing # and account #. Th e 1st payme nt was done as agreed. However, the next payment was not processed, so I thought. I realized that they have processed th e 2nd  payment through a bank account that I NEVER gave them for this loan but had used once betw een  XX/XX/XXXX  and XX/XX/XXXX  ( ca n't rememb er exactly ) to make  a one time payment on my husband 's  XXXX  card account when he was out of town   and did n't have access to pay himself. The discover card last four-digits was  XXXX  and expired   XX/XX/XXXX . Als o this account was still active but rarely used and could categorized as dormant because of the low balance and was only in service because it was a local bank as a back-up for my account with  XXXX , which is online and the only account I ever supplied them to use. Needless to say, the ACH payment was returned for insufficient funds.  <P/> I was furious when I found this out and called them upset. It was hard trying to resolve because they have these people who have not authority to make decisions and of course they accuse you of making up elaborate stories to get out of paying and meanwhile I continue to get calls threatening to pick up the car. I finally am given to a special customer service department and  a Guy named  XXXX   helps me. He takes care of the matter and refunds my NSF fees I incurred and re- process my payments to the correct account # and says he deleted my account endi ng in  XX/XX/XXXX  ( which by law  should have never been still in their system, which he confirmed.  <P/> It was n't until   XX/XX/XXXX  I r ealized that they never took th e 2 payme nts off and added them to the end of the payment because I had looked at my credit report and they were still s howing me 3 payments  past due and the amount due never changed along with late pay fees and interest. I was confused because they were continuing to take electronic payments out of my account and I thought I should be fine. I was still getting collection calls but I ignored them thinking they were more courtesy than anything because in my mind I was not past due. Until  one  day I got a call threatening repossession of the car and the total balance of the loan was due. I went into my account on line ( I elected not to get paper statements ) and foun d that indeed my balance was still showing the 2 payments, fees and interest that should not have been there as a result of my payment plan we agreed to.   <P/> When I calle d Capital One, to find out why I was told that those 2 payme nts were not moved becaus e one of my  payments came back as insufficient funds and that nullified the agreement. Well I lost it!! They were holding against me the error they made by choosing a dormant account that by law should have never been in their system in th e 1st place? I was transferred to so many people trying to explain and hung up on by two reps but it was n't until I was crying, threatening to sue that I was given a Supervisor who took care of the two payments, whic h were transferred to the end   XX/XX/XXXX .   <P/> Well now I have lost my job and I called the other day to let them know because I elected and was paying into insurance that would cover the payments should this happen until the representative told me she did not see that I had that insurance and there was nothing they could do to help. What??? I could not believe this! Here again, this company is practicing deception. It is bad enough that I was paying an extremely high interest but to know that I was not entered into the insurance plan I asked for, but was put into the warranty that I declined, was the end of th e straw and the reason for this complaint. I have no way to prove it except for my husband and the salesman ( who I am sure would deny it ). Given my experience with Capital One, I have  not doubt that I was tricked at the dealership. Birds of a feather flock together.  <P/> I have no interest in paying the remainder of this loan. As far as I am concerned with what I have been through, the balance should be forgiven by  Capital One.   After all with the amount of money I have paid, this car was paid off at least 3 years ago.  <P/> Anything you can do to help me and others against this type of unfair and deceptive business practic es by Capital One Auto Finance will be greatly appreciated. Please help me!

Company response to consumer: Closed with explanation