Consumer complaint received 2022-02-17
Product: Vehicle loan or lease — Loan
Issue: Struggling to pay your loan — Denied request to lower payments
Company: CAPITAL ONE FINANCIAL CORPORATION (NC)

Out of work for almost XXXX  months due to contracting Covid and hospitalization. Was let go from my job a week after I was able to return to work, which was sometime XXXX, I'll have to find the exact date. Made car payments as well as other financial obligations out of savings while job hunting. My savings are now exhausted. Due to long tail effects from Covid, securing employment has been a challenge for me. I have secured employment which will begin XXXX. While I was still current on loan, I called to ask that XXXX payments be deferred to end of loan, was refused as I wasn't in arrears. After going XXXX  days late, called again on XX/XX/2022 at appx. XXXX. After a XXXX min phone call, I was ultimately denied once again. First rep tells me computer says I'm ineligible for this relief. I escalated to Resolution Team, spoke with XXXX, Employee ID : XXXX. After refusing to accept generic " computer makes decision '', I was told this was because the account was too new, Capital One is audited by Federal Govt, Federal Law prevented them from overriding computer XXXX, which is bogus. I WENT TO CAPITAL ONE PRIOR TO EVEN BEING LATE! I ANTICIPATED THIS AND WAS SIMPLY ASKING FOR DEFERRAL OF XXXX PAYMENTS! I am not trying to get out of my obligation to Capital One Auto at all. I am trying to take the responsible path to resolve this unforeseeable and very unfortunate set of circumstances in a manner which WILL NOT cause a single penny of loss to Capital One. The actions of Capital One in my specific situation are CONTRARY TO PUBLIC POLICY!!! I guess acting in an UNCONSCIONABLE MANNER must be business as usual for Capital One. I asked for number to legal department to discuss, was refused that also. Facts of my personal situation : I was just approved for SNAP Benefits ( Food Stamps ), I will be evicted at the end of the month with nowhere to go and have been diligently seeking employment as soon as my health allowed. I am seeking a simple extension so as to be able to honor my obligations to Capital One, my situation a direct result of a WORLDWIDE PANDEMIC! I am filing suit against Capital One in small claims court today. I don't want to go this route, but feel I am being forced to by Capital One. They are acting in an unconscionable and, frankly, predatory manner. The facts of this case will not play well for them in front of a jury. My brother is a XXXX XXXXr in NC, so I am fortunate to have free competent legal advice to prosecute my case. I qualify to file as indigent, so this will not cost me a penny. Despite the arbitration clause stuffed down my throat my Capital One, I have the right to file suit against them in small claims court in NC. Further, should I not prevail, I have the right to appeal the decision to XXXX XXXX and be heard in front of a jury. I can and WILL cost Capital One XXXX  XXXX  costs defending this, whether or not I prevail. I am judgment proof and will be filing for bankruptcy eventually, so their threats of sticking me with a judgment for legal costs should I not prevail are toothless. The XXXX XXXX will dismiss those. I DO NOT want to pursue this course of action. However, if forced to, I will BURN EVERY XXXX BRIDGE!!! Please forgive my venting here. I simply wish for a minor accommodation due to an unprecedented worldwide pandemic. Hopefully this avenue will help resolve things in a fair manner for us both.