Consumer complaint received 2025-05-12 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Account reinstatement or redemption after repossession
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Date : XX/XX/XXXX Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX DC XXXX Re : Complaint Against Towing Company for Violations of Repossession Laws Re : Formal Complaint Unlawful Repossession, Misrepresentation of Loan Terms, and Violation of Arbitration Agreement Dear Sir/Madam, I am submitting this formal complaint against Capital One Auto Finance XXXX XXXX XXXXXXXX XXXX XXXX and IXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX regarding unlawful repossession practices, misrepresentation of loan terms, and violations of my rights under XXXX Motor Vehicle Repossession Act, the Truth in Lending Act ( TILA ), and the FTC Holder Rule XXXX Additionally, I am raising concerns about unfair debt collection practices and the violation of the arbitration agreement stipulated in my loan contract. 
Below are the specific details of my complaint : 1. Misrepresentation of Loan Terms & TILA Violations On XX/XX/XXXX, I entered into a Retail Installment Sales Contract ( XXXX ) with XXXX XXXX Washington for the purchase of a XXXX XXXX XXXX VIN : XXXX, in the amount of {$46000.00} with a finance charge of {$13000.00}. 
The contract disclosed an APR oXXXX XXXX %, and XXXX monthly payments of {$810.00}, with a total amount paid after the completion of payments being {$60000.00}. 
However, the finance charges and total loan amount were incorrectly stated or misrepresented. These discrepancies violate the Truth in Lending Act ( TILA ), which requires clear and accurate disclosure of financing terms.

2. FTC Holder Rule Violations Under the FTC Holder Rule ( 16 CFR 433.2 ), Capital One Auto Finance, as the assignee of the loan, is bound by all claims and defenses I can assert against XXXX XXXXXXXX XXXX. This includes fraudulent misrepresentation of loan terms and the failure to disclose the full costs associated with the loan. 
The FTC Holder Rule dictates that Capital One Auto Finance can not avoid its responsibility to honor these claims and defenses, even after XXXX XXXX XXXX  transferred the loan to them. 

3. Unlawful Repossession Practices My vehicle was repossessed on XX/XX/XXXX, at XXXX AM by XXXX XXXXXXXX, a subsidiary of XXXX XXXXXXXX XXXX. This repossession occurred at an unreasonable hour and violated the XXXX Motor Vehicle Repossession Act and UCC 9-609, which prohibit repossession at inconvenient times or in an unlawful manner.

Attempts to contact the towing company were denied, as they have no verbal communication line, and I was blocked from retrieving my vehicle.

The repossession also violated UCC 9-614, which requires the lender to provide proper notice of repossession, and I did not receive any notice within the required time frame. 

4. Arbitration Violations My loan contract includes a binding arbitration clause that dictates all disputes must be resolved through arbitration, not through court. 
However, the actions of Capital One Auto Finance, XXXXXXXX XXXX XXXX, and XXXX XXXX to deviate from the arbitration procedures are unfair and unconscionable. According to 1692f of the Fair Debt Collection Practices Act ( FDCPA ), it is illegal for parties to deviate from arbitration procedures outlined in a binding contract. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) confirmed that violations of arbitration agreements can trigger state law breach of contract claims, and 1692f prohibits unfair or unconscionable debt collection practices, including ignoring arbitration terms.

5. Unfair Debt Collection Practices Under FDCPA and UTPCPL The actions of Capital One Auto Finance, XXXX XXXXXXXX XXXX and XXXX XXXXXXXX represent a clear violation of consumer protection laws under both XXXX Unfair Trade Practices and Consumer Protection Law ( UTPCPL ) and the Fair Debt Collection Practices Act ( FDCPA ). 
These agencies and entities have failed to provide accurate disclosures, misrepresented loan terms, and conducted repossession in a manner that violated consumer rights, including harassment and deceptive practices related to debt collection. 

Request for Action Given these violations, I respectfully request that your office : Investigate the loan documents and repossession actions for violations of TILA, FTC Holder Rule, XXXX Consumer Credit Code, and UCC.

Examine the arbitration agreement in the loan contract and assess the failure of the involved parties to follow arbitration procedures, as required by the contract.

Require Capital One Auto Finance and XXXX XXXXXXXX XXXX to cease any further repossession, collection, or enforcement of the loan until full proof of assignment and proper disclosures are provided. 
Enforce penalties or restitution for the violations of state consumer protection laws, unfair debt collection practices, and improper repossession practices. 
Facilitate an expedited investigation to ensure that consumer rights are protected and that these companies comply with state and federal regulations. 

Conclusion This situation has caused significant harm, and I trust that your office will investigate these matters swiftly and thoroughly. Please provide me with an update on the progress of this investigation and any steps taken to rectify these issues. 
Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation