Consumer complaint received 2025-02-06 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MO

Complaint narrative:
I sent in 1099a and a 1099c I attached 1099a due to it being from over a year their is also a 1099c and they are still harrassing me an put back on credit and sending emails all evidence is attached and fraudulent contract they received credits on my behalf an charged finance charge which is against law an has it as loan when it's a credit I discharged loan an sent to irs and they are still harrassing me even sent to u guys XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [ DATE ] Capital One Auto Finance XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, XXXX XXXXXXXX Subject : Formal Dispute of Contract Violations under TILA, Consumer Financial Protection Statutes, and Request for Resolution with Itemized Invoice of Damages and Refund Demands Dear Sir/Madam, I am writing to formally dispute numerous violations of the Truth in Lending Act ( TILA ), federal consumer protection statutes, and breaches of contract committed by Capital One Auto Finance regarding my vehicle loan agreement ( Account Number : XXXX ). This letter outlines specific violations and requests immediate remediation and compliance with applicable laws, as well as an itemized invoice for damages incurred, and a demand for the refund of all payments made. **Violations and Issues Identified : ** 1. **Truth in Lending Act Violations ( 15 USC 1601 et seq. ) : ** - Failure to provide accurate disclosures regarding the finance charges and the total amount financed. - Misrepresentation of the terms of the loan, including improper calculation of interest rates and total repayment amounts, contrary to the agreed-upon terms in the contract. - Ambiguous wording in the contract that misleadingly described the transaction as a " loan '' while it was processed as a form of " credit, '' in violation of TILA disclosure requirements. 2. **Consumer Harassment and Threats ( 15 USC 1692d ) : ** - Capital One has engaged in harassing behavior by repeatedly issuing threats of repossession, as evidenced by the email notification assigning the vehicle for repossession, despite ongoing disputes and payments. 3. **Improper Handling of Deposits : ** - Violation of the agreement to apply the deposit toward the reduction of the loan balance. The deposit was neither properly documented nor credited appropriately. - Capital One failed to release the deposit payment upon termination of obligations or apply it transparently to the account balance. 4. **Violations of Debt Collection Practices ( 15 USC 1692 ) : ** - Failure to report disputed accounts accurately and continuing to report misleading information regarding payments and account status. - Use of deceptive practices in attempting to enforce terms of the agreement that contradict consumer protection laws. 5. **Failure to Provide Title Upon Completion of Obligations : ** - Despite compliance with terms to secure the vehicle and payments exceeding required amounts, Capital One has failed to release the vehicles title as required by law. - Imposition of additional and unsubstantiated fees for the release of the car title, contrary to agreed contractual terms. 6. **Unlawful Repossession and Theft : ** - Capital One improperly charged off the vehicle while retaining possession, leading to an unjustified negative mark on my credit report. - Additional expenses incurred as a result of repossession, including {$45.00} spent on XXXX transportation and the stress caused by loss of use of the vehicle. 7. **Unjust Enrichment Through Retained Payments : ** - Failure to refund all payments made on the account after repossession, in violation of consumer contract laws. - Withholding of excess funds owed to me, despite repeated requests for clarification and compliance.

Company response to consumer: Closed with explanation