Consumer complaint received 2022-06-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with fees charged

Complaint:
Title : Affidavit Of Truth Date : XXXX XXXX XXXX To : XXXXXXXX XXXX XXXX Company To whom it may concern, Recently I have taken part in an auto loan with CAPITAL ONE BANK which was used to finance my XXXX XXXX XXXX XXXX. The car was bought from XXXXXXXX XXXX XXXX which formed the fraudulent contact that was presented to me. In the contract that was signed by me, The consumer/ original creditor, a section labeled Finance Charge was included. At the dealership, I was defrauded by the salesman who sold me the car and the corporation CAPITAL ONE BANK when I was wrongfully informed that the Finance Charge was extra interest added onto my auto loan. According to The United States Code, 15 USC 1605, the definition of a finance charge is ; ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction. 

According to the United States Code the finance charge is the SUM OF ALL CHARGES, should have included premium insurance and does not include charges payable in cash transactions. Neither of these items were told to me which is a violation of my rights. According to 15 USC 1632 ; ( a ) Information clearly and conspicuously disclosed ; " annual percentage rate '' and " finance charge '' ; order of disclosures and use of different terminology Information required by this subchapter shall be disclosed clearly and conspicuously, in accordance with regulations of the Bureau. I was forced to pay for my own insurance which wasn't included in my finance charge when it is considered mandatory according to the lawful definition of Finance Charge. I was told that a car note would have to be paid in the amount of {$480.00} every month which clearly goes against the fact that the Finance charge is supposed to be the Sum of all charges. Also I was never warned that the finance charge is not supposed to be paid in cash but is supposed to be paid through a credit card. The fact that youre attempting to get me to pay on an imaginary debt is correspondent with 15 USC 1692E which states ; Using deceptive means to coerce a consumer into paying a debt 15 USC 1692E ( 10 ). I am appalled at the way that I have been treated by your corporation. CAPITAL ONE BANK and XXXX XXXX XXXX  owes me reparations. As the original creditor/ consumer who regularly extends their credit, I demand that these alleged debts are erased and my original title to my XXXX XXXX XXXX XXXX is sent to me immediately. According to 15 USC 1341. Frauds and swindles Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loansuch person shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 
I demand reparations for my trouble or someone will be in trouble for these preposterous actions. Another violation that was committed against me stems from the XXXXXXXX XXXX XXXX and CAPITAL ONE not explaining to me my Right Of Rescission. According to the United States Code, 15 USC 1635, ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day Clearly, I have the RIGHT to rescind the transaction until midnight of the third business day. XXXXXXXX XXXX XXXX and CAPITAL ONE has blatantly violated multiple Consumer Laws and has created a plethora of violations against me, and on my auto loan contract. Purposely hiding my Right of Rescission makes XXXX XXXX XXXX  and CAPITAL ONE Criminally liable for hiding all of this information from me and Civilly liable for all of the other violations formed against me. According to the United States Code, 15 USC 1611, it states that Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 
My contract was created through fraud, and fraud trumps any solemn contract. I expect that this contract will be Voided, my Down Payment of {$1000.00} will be double and refunded to me, my title to the car will be mailed to my address, and I will be sent a check of {$5000.00} for your company willingly not disclosing any of this information with me before signing the contract. I will not be bullied and I will not hesitate to take legal actions against XXXX XXXX XXXX

Company response to consumer: Closed with explanation