Consumer complaint received 2024-02-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION (CO)

I am writing to file a formal complaint regarding a dispute I have with Capital One Auto Finance and its handling of my auto account. My issue pertains to both the illegibility of documents provided and the inconsistency of payment history data reported by Capital One XXXX when compared to the information listed on my credit reports. 

On XX/XX/XXXX, I received a response from Capital One XXXX, which was dated XX/XX/XXXX. In this response, the XXXX pages that consisted the majority of information printed so small it is impossible to read, rendering the pages incomprehensible. This appears to be, at best, an oversight, and at worst, a deliberate attempt to stall addressing their inconsistencies. 

Furthermore, the latter XXXX pages included a spreadsheet that purported to outline my payment history. However, this record is at odds with the payment history reflected on my credit reports from the XXXX major credit bureaus. This discrepancy is extremely concerning, as it has the potential to impact my credit negatively. 

Pursuant to the Fair Credit Reporting Act ( FCRA ), codified at 15 U.S.C. 1681, I am invoking the following provisions : 1. 15 U.S.C. 1681a : Definitions, particularly ( d ) which defines consumer information that should be accurately reported.

2. 15 U.S.C. 1681b : Permissible purposes of consumer reports, which may be applicable if Capital One Auto misuses my credit information.

3. 15 U.S.C. 1681c : Requirements relating to information contained in consumer reports ensuring accurate information is reported.

4. 15 U.S.C. 1681e ( b ) : Compliance procedures requiring that reasonable procedures are in place to assure the maximum possible accuracy of the information concerning the individual.

5. 15 U.S.C. 1681g : Disclosures to consumers which details the obligation for clear and proper disclosures to consumers.

6. 15 U.S.C. 1681i : Procedure in case of disputed accuracy this is particularly important as Capital One Auto has failed to correct the inaccuracies reported.

7. 15 U.S.C. 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies, requiring Capital One to provide accurate data.

Given these statutes, I request an investigation into the practices of Capital One Auto Finance to determine if there have been any violations of the aforementioned sections of the FCRA. Additionally, I assert that Capital One Auto Finances conduct may potentially violate the Consumer Protection Act with deceptive communication.

In view of these serious concerns, I seek immediate rectification including, but not limited to : - A detailed explanation for the illegible documentation provided to me.

- An investigation into the inconsistencies in the reported payment history between Capital One Auto and the three major credit bureaus.

- Adjustments in my credit report to accurately reflect my true payment history, and removal of any inaccuracies if found.

- Proper reissue of account statements and payment history in a legible and comprehensible format.

If the necessary corrections are not made in a timely manner, I am prepared to take further legal action as afforded to me under the law.

Please consider this letter as a formal complaint to be added to their record with the CFPB. Enclosed with this letter are copies of the aforementioned illegible documents and the spreadsheet provided by Capital One Auto, along with a copy of my credit reports for your reference.

In addition to the grievances previously mentioned, I must emphasize a particularly distressing issue relating to the repossession and subsequent auction of my vehicle. Despite the vehicle being repossessed and sold at auction by Capital One Auto Finance, I am still being held accountable for the full value of the original loan. This is deeply concerning and appears to contravene the ethical obligations and regulatory requirements expected of lenders.

Under the Uniform Commercial Code ( UCC ), which has been adopted in some form by most states, there are guidelines pertaining to secured transactions, including the repossession and resale of collateral. Specifically, UCC 9-610 requires that the disposition of collateral be conducted in a commercially reasonable manner. Further, UCC 9-615 outlines the debtor 's rights to a surplus or liability for a deficiency in these circumstances. If the vehicle has not been sold in a commercially reasonable manner or if the deficiency after the sale is being incorrectly calculated, this could constitute a violation of the UCC and potentially state-specific consumer protection laws.

Moreover, the Fair Debt Collection Practices Act ( FDCPA ) prohibits debt collectors from using unfair or unconscionable means to collect or attempt to collect any debt. Holding me responsible for the full value of a loan after the collateral has been sold at auction could qualify as such, depending on the surplus or deficiency resulting from that sale.

It is also worth questioning whether Capital One Auto Finance has correctly applied the proceeds of the auction sale to my loan balance, as is required by law, before asserting any deficiency for which I am allegedly responsible. Such practices call into question Capital One Auto Finance 's adherence to these laws and fundamentally challenge the ethical integrity of their proceedings following the repossession and sale of my vehicle.

Taking all of these factors into consideration, I insist upon a detailed explanation and accounting of how the proceeds of the auction were applied to my loan balance, and why there would be any remaining balance, if at all. Capital One Auto Finance must demonstrate compliance with the UCC, FDCPA, and any other relevant consumer protection statutes, failing which they would be subject to legal and regulatory scrutiny.

Therefore, I request an immediate review and rectification of the outstanding loan balance in the context of the auction sale of the repossessed vehicle. I expect Capital One Auto Finance to uphold their legal responsibilities by ensuring all actions and calculations post-repossession have been performed ethically and in accordance with the law.

Given the substantial inaccuracies and discrepancies associated with my Capital One Auto account including but not limited to the presentation of illegible documentation, inconsistencies in the reported payment history, and questionable calculations of the remaining balance following the repossession and auction of the vehicle I assert that the charge related to this account is incorrect and undeserved.

Under the auspices of the Fair Credit Reporting Act ( FCRA ), I am protected by a number of provisions which dictate the accuracy, fairness, and privacy of information in the files of consumer reporting agencies : - 15 U.S.C. 1681i requires that credit reporting agencies conduct a reasonable investigation of the disputed information upon notification of a dispute from the consumer, rectify errors, and remove or correct any inaccurate information.

- 15 U.S.C. 1681e ( b ) compels credit reporting agencies to follow reasonable procedures to ensure maximum possible accuracy of the information concerning the individual.

- 15 U.S.C. 1681a ( g ) defines the responsibilities of furnishers, like Capital One Auto, requiring them to provide accurate and updated information to credit reporting agencies. 

Considering the obligations mandated by these statutes and the discrepancies linked to my account, it stands to reason that any charge reflecting the disputed account as it currently appears should be stricken from my credit reports. To allow inaccurate, incomplete, or misleading information to remain would allow continued harm to my credit reputation and financial stability, contrary to the protections intended by the FCRA. 

Furthermore, case law supports consumers in similar situations where courts have found in favor of plaintiffs who have experienced similar reporting inaccuracies. In the case of XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), a consumer sued a credit reporting agency for inaccurate reporting. The court ruled in favour of the consumer, finding that credit reporting agencies have a duty to follow reasonable procedures to assure the maximum possible accuracy of the information they report. 

Therefore, in light of the clear violation of the aforementioned Federal laws and supporting case law, I urge the immediate investigation and action to remove the erroneous charge from my credit reports to prevent further damage to my credit standing. This rectification is not only warranted but imperative to ensure compliance with Federal law and the protection of my legal rights as a consumer.

I appreciate the CFPB 's attention to this matter and await prompt resolution, ensuring my credit reports accurately reflect only verifiable, accurate, and fair information as intended by law.