Consumer complaint received 2021-12-14
Product: Vehicle loan or lease — Loan
Issue: Struggling to pay your loan — Loan balance remaining after the vehicle is repossessed and sold
Company: CAPITAL ONE FINANCIAL CORPORATION (MI)

On XX/XX/XXXX I filed XXXX XXXX bankruptcy. At the time my home was located in the XXXX XXXX condominium community. I purchased the home on As-is condition because the previous owner was forced out by the XXXX XXXX XXXX and their lawyer, now I know why the previous owner destroyed the home and left it in the condition when I purchased it, and this was an on-going scheme for these people to force other homeowners out of their homes. I did fall behind on the association dues but continued to make payments that included late fees. Then the board decided to file a petition and took me to court and I was ordered to pay {$1800.00} and {$800.00} of that amount had to be paid in 3 days of the court hearing and the remaining balance of {$1000.00} was to be paid @ {$50.00} per month. After 2 1/2 years of sending {$50.00} postal money orders to the association management co XXXX XXXX ( all money order receipts were given to my attorney, which he uncovered every money order sent was deposited in a bank account XXXX XXXX XXXX had access to ) I received another court petition file by XXXX XXXX attorney representing XXXX XXXX claiming that I never paid a dime of the {$1000.00} and now owed over {$3000.00}. I was forced to retained a lawyer that was a condominium specialist paying {$2500.00} to retain him for this ridiculous claim. After the investigation by my lawyer with this claim he discovered I only owed {$500.00} in late fees. In XX/XX/XXXX we made an offer to pay {$1000.00} even though I only owed {$500.00} in late fees ( because of the deposits of the {$2400.00} of money orders receipts ). XXXX XXXX agreed to to askthe board for acceptance. No communication in 2 months from them. XX/XX/XXXX my lawyer received a notice from XXXX XXXX XXXX demanding over {$8000.00} and if I did not pay by XX/XX/XXXX, foreclosure sheriff proceeding would begin on my home. There was no way I could come up with that amount of money in 3 weeks. So I spoke with a bankruptcy attorney, because I did want to loose my house because of some lying lawyer and board members who were attacking me because of XXXX XXXX XXXX XXXX XXXX. When I filed for bankruptcy I really did not have enough debt to file bankruptcy and was not behind on my house payments and I did not have to include it in the bankruptcy, the only debt that had late payments was my vehicle, the attorney did a crammed down the value of the car which left the amount owing {$9500.00}. This amount was included in the debt for payments being made by the court Trustee from XXXX to XXXX sent to Capital One Auto Finance total paid {$8200.00}. In XX/XX/XXXX I sold my house and all secured debts were paid and I was advised by my attorney to contact all creditors that I had unsecured debt with so that I could pay them off. I was given the amount of {$1200.00} remaining on the car loan with Capital One Auto Finance and when I contacted them on XX/XX/XXXX and spoke with XXXX ( ID XXXX ) I was told it takes 30-45 days to update the account after bankruptcy and to call back around XX/XX/XXXX, when I called back I was told the amount owed was {$12000.00} and there was no record of {$1200.00} payment balance or no record of my car being included in a bankruptcy. I called my attorney and he told me to request a payment history to be sent and to this date I have NEVER received anything. Phone calls begin with every person saying I owed over {$12000.00} at this time I thought I was being scammed. My attorney tried to contact Capital One Auto and was told a payment list would be mailed out, but never was. Since XX/XX/XXXX there has not been any more phone calls or notices received from Capital One Auto. On XX/XX/XXXX @ XXXX my car was towed away REPOSSED!!!. On XX/XX/XXXX every call I made to Capital One Auto, I was transferred from one person to another with each person having their own response to my devastating life changing issues. I was given many conflicting answers that revealed Capital One Auto can make up THEIR OWN RULES that can ruin a person credit and life as long as they get MONEY $ $ $ XXXX I filed bankruptcy to keep my house now I am losing my car!!! This is UNREAL!!!. I was not given any reasonable solution to this emotional and stressful issue revolving around my car being taken away for non-payment which is definitely a LIE!!! On XX/XX/XXXX, supervisor XXXX ID XXXX ) called and told me after review of the documents I sent them, it was determined that the repo was valid, because my loan matured on XX/XX/XXXX but I was still in bankruptcy, so for that reason Capital One Auto Finance was not obligated to inform me about the plan to repo my car or send me a payment history list. ( an example of Making Their Own Rules ) and when the bankruptcy was dismissed and not discharged the original loan reverted back and all payments made by the court was reallocated contractual because the amount of {$1000.00} was never paid, I asked what {$1000.00}, because this was the very first time I was told this amount and asked why I did not receive a letter concerning this matter, again one of Capital One Auto rules, my loan matured in XX/XX/XXXX and they were not obligated to send me anything and they could not talk to my attorney when he called because by the bankruptcy being dismissed and not discharged he was considered a third party and I would have to add him to the account to talk??? Capital One Auto rule???? and the only way I could get my car back was to pay {$12.00}, XXXX. This has been one of the most stressful and emotional draining situation I have ever experienced in my life. I am an honest person trying to stay on track with paying my debts, but sometimes people do experience hardships and need guidance to get back on track, and sometimes on your journey will include unethical people and corporations driven by greed will take advantage of you causing emotional and devastating stress. On XX/XX/XXXX XXXX ( ID XXXX ) had some compassion as a human being reviewed the account and confirmed a settlement offer by XXXX ( ID XXXX ) of {$8500.00} to get my car back. I paid this amount to get my car back, because if I did not pay this it would be sold on XX/XX/XXXX and I would not be notified of this because of the loan mature date XXXX. This is my reason for filing this complaint with Consumer Finance because of the UNLAWFUL and UNETHICAL lending practices by Capital One Auto Finance. These practices has jeopardize my consumer worthiness, and with the bankruptcy on my credit it will take me some time to build back up and then to have REPOSSESSION this will hurt me and my emotional wellbeing for a long time. This is so UNFAIR!!! For these unnecessary actions of repossession taken by Capital One Auto after dismissal ( not discharged per Capital One Auto ) of the bankruptcy and remaining balance owed was {$1200.00} {$1000.00} ) was never an option to pay and was told I had to wait for the account to be updated after bankruptcy, then told on another phone call the car was not included in a bankruptcy, all this time passing by Capital One Auto was implementing some unethical lending practices that would jeopardize my life and tarnish my credit unworthiness. I am filing this claim with Consumer Finance to recover the amount of {$8500.00} XXXX paid to get my car back, when it is documented in Black & White after ALL payments sent to Capital One Auto Finance c/o XXXX XXXX XXXX by the bankruptcy trustee at the time of dismissal Amount Owing {$1200.00} to Capital One Auto Finance for my XXXX XXXX XXXX, I WAS NEVER GIVEN THE OPTION TO PAY. The resolution I am seeking from Capital One Auto is to Refund and Return {$7200.00} ( deducted from {$8500.00} ) plus an additional {$370.00} that was paid on account XX/XX/XXXX told to me by a Capital One Auto rep on XX/XX/XXXX phone call, bringing the total compensated amount to {$7600.00}. No human being should ever be treated this UNFAIRLY and this all started with the unethical, XXXX greedy lawyer trying to take my home and now a greed driven corporation taking my car. The attached documents support this claim of the UNFAIR and UNETHICAL lending practices and making up their OWN RULES of Capital One Auto Finance