Consumer complaint received 2024-07-24
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: CAPITAL ONE FINANCIAL CORPORATION (GA)

On Friday, XX/XX/2024 my vehicle was repossessed without prior notice to cure. Then on Saturday XX/XX/2024, I spoke with a Capitol One representative and I asked if there were any emails sent or calls made the representative who told my mother, and I there were no emails sent but they did try to call. I told her I did not receive any calls and what number did she call. The lady stated, they tried to call but the number she tried to call was not mine. My mother and I called again on Sunday XX/XX/2024. The male Capitol One representative who answered reiterated, there were no emails sent, they do not send emails and the letter/notice was sent one on Wednesday and another on Saturday the day after repossession. There was no information sent to my mailing address. I recorded the conversation, so I do have proof of what their representative stated to me and my mother. 

I mailed a certified letter out to Capitol One on XX/XX/2024 and on XX/XX/XXXX. I requested that they reply within 15 days of my letter being received. Friday, XX/XX/2024, my vehicle was repossessed without prior notice to cure. I requested In receipt of my letter to provide the following information to me, proof of all call logs, emails, letters, notification and any other means of communication notifying me prior to the repossession and the proof of approval that I gave to release my private information to a third party along with a dispute I made on the amount. I also, made them aware they were in breach of the contract by : 1 ) No Proper notice was given prior to repossession. Georgia is a Right to cure state and Georgia law mandates that the lien holder sends the buyer notice of the repossession within 10 days of the day it occurs by registered mail, certified mail or statutory overnight delivery. Proper notice was not served to me. 
2 ) There was a Breach of Contract. Per the Consumer Credit Contract. If there are any disputes arbitration is to be implemented per page 5 of the Arbitration provision in our contract.

3 ) In addition, there was a Breach of Peace. Georgia law states There must not be a " breach of the peace '' in the repossession of a vehicle. That means when the buyer is present and objects or attempts to prevent repossession, the agent must withdraw. My personal property was stolen by both Capitol One and XXXX XXXX XXXX XXXX when Capital One sent XXXX XXXX XXXX XXXX XXXX XXXX my parents home. My mother told the driver to vacate her property and they refused. She repeatedly told the driver to leave and get off her property. The driver went back to his truck and proceeded to drive on the property by backing his truck onto her driveway. In front of 4 witnesses that were present to hear and see the driver breach the peace and steal my vehicle. Driver said he notified the police prior to coming on to the property. We did make a call to the police. 
XXXX ) My private and personal information was given to Speedy Recover towing Service which is in violation of my right to privacy. I did not give permission, nor did I agree to any third-party release of my information. As well as other violation listed that were violated 15 USC 6802 ( b ) ,15 USC 6804 ( a ) 15 USC 1692,15 USC 1692 ( K ) 15 USC 1666 ( b ) etc. 6 ) 5 ) I have not received any prior statements for my payment schedule and my payment I sent for my vehicle was refused. I was sent a refusal letter that I received at the end of XXXX. Their refusal to process my tender of payment per the UCC 3-603 debt is discharged. Also, UCC 3-11 Accord and Satisfaction by use of instrument.

6 ) Per consumer law 9-210 I am also requesting a copy of the full ledger for my full account for bill receivable, bill payable etc. which I have not received.

7 ) Capitol One also placed this on my Report with the credit Bureau 's that need to be removed. 
8 ) I also had difficulties with logging on or with payments because the company had my name misspelled. Up until the second week in XXXX it was corrected when I spoke with a Capitol One representative who finally called me back.

9 ) In addition, I'd like to know why the bank is not paying the interest?

10 ) I've asked numerous times for hardship assistance, and they have told me they do not have at this time.

In conclusion, I have requested arbitration from Capital One. Performance has been withdrawn and Payment has been withheld until this issue has been resolved. There are certain disclosures also that were to be provided to me that were not. I am requesting cease of any collections or repossessions until this matter and information is supplied or arbitration takes place. The certified letter sent and delivered on XX/XX/2024 I requested a response within 15 days of receipt of my letter. As of today 's date, XX/XX/2024, I have not received a response, arbitration or any of the requested information be sent to me.