Consumer complaint received 2018-12-19
Product: Vehicle loan or lease — Loan
Issue: Problems at the end of the loan or lease — Problem with paying off the loan
Company: CAPITAL ONE FINANCIAL CORPORATION (TX)

My car was hit on XXXX by another car a and that car was insured by XXXX XXXX. XXXX XXXX took the responsibility to pay for the damage. Their agent took all the necessary action by reaching out to capital one auto finance regarding the accident claim. All the time when was reaching out capital one auto finance I was also on the call as a witness with my husband. So the first capital one auto finance agent the insurance agent had on the phone regarding the issue refused to talk to him because he was not authorised then I had to give verbal authorisation. The second agent on the phone with the insurance agent state that the car is a total loss and they using email to handle this type of issue so all the filing documents can be sent via the email the insurance agent never received any email back after a week decided to call back the other agent from capital one said they not responding with email but they use fax the XXXX  agent resent the documents via fax no response after a week decided to move fast with the process by issuing a check in order to close tbe claim. So I was on the phone with the XXXX XXXX   agent with my husband and the capital one agent then another version the capital one agent we had this time could not recall all the previous conversation like nothing was notated on my account. But after few questions and exchanges I told my decision to retain the car and the XXXX agent stated that he will then be issue a check of XXXX because I am keeping the the car and also after the check is processed I will be contacted by capital one to take care of the remaining balance and I gave my verbal agreement and after my remaining balance is posted I get the title of the car. 
A check was issued on XX/XX/XXXX paid to capital one auto finance for my auto account. The check has been cashed by capital one auto finance on XX/XX/XXXX and not applied toward my loan. 
No communication received from capital one auto finance stating they received a check on my behalf and here is your remaining balance you have a certain time to pay the remaining balance before we can issue your title. They failed to communicate with me. Until I decided to call them this morning XX/XX/XXXX first capital one agent stated they haven't received a check. Second call the same day another capital one agent stated that they had the payment but they can't apply toward my account because XXXX didn't tell them if I am keeping the car i told that capital one agent how I was tired of their movies they making around applying this amount toward that loan so I can pay the rest of the loan an move on. 
And also told the agent that all the actions took by the insurance I was on the phone nothing was notated regarding the different conversations every agent tells a different story. Couldn't resolve the issue of applying the check. I had to add the XXXX agent that took care of the claim to the call so he can speak foe himself. He explain all the actions took before issuing the check the lady couldn't help us so she will transfer us to their insuramce department.we wait no one picked up and we got disconnected. I called again ask to speak to a manager and another agent said they don't have any manager. Ask to be retransfer to their insurance department the same capital one agent stated they don't have any insurance department. I told that agent I will then take a legal action against their service.