Consumer complaint received 2025-12-03 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Notice to repossess
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY

Complaint narrative:
Subject : Illegal Repossession During Active Legal Dispute Capital One Auto Finance To : Consumer Financial Protection Bureau Regarding : Capital One Auto Finance Ongoing Violations and Retaliatory Repossession Account : XXXX XXXX XXXXXXXX XXXX XXXX XXXX Ending XXXX Summary of New Violations On XX/XX/year> at approximately XXXXXXXX XXXX my vehicle was unlawfully repossessed from my residence : XXXX XXXX XXXX XXXX, NY XXXX This occurred despite : Capital One being in active legal dispute over the loan A pending federal lawsuit filed in the XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX seeking to prevent repossession Capital Ones failure to show present right to possession Capital One has not provided any notice of repossession within the XXXX period required by New York law ( VTL 425 ). 
I only learned of the repossession after contacting the XXXX, who confirmed : XXXX XXXX. : XXXX XXXX XXXX. : XXXX Capital One still claims they were not notified by the repossession company meaning : The vehicle was taken without proper authorization The repossession agent failed to notify police as required The vehicle is nowhere properly accounted for Violations to be Investigated Law Violation NY VTL 425 No written notice within XXXX hours UDAP unfair and deceptive practices Repo during an ongoing legal dispute UCC 9-609 No proven present right of possession Retaliation Occurred days after federal legal action Breach of Contract Ignoring arbitration obligations FCRA & ECOA harm Continued enforcement while denying verification Capital One stated that they withheld required notice because of a cease and desist I never submitted a cease and desist to them Notice obligations do not disappear during disputes The repossession was punitive and abusive, especially after : Arbitrating the matter with AAA Filing a federal complaint : Case No. 1:25-cv-09103-LTS Filing multiple evidence-based disputes Requesting proof of assignment and ownership Requested Action by CFPB I am requesting that CFPB : Open an immediate investigation into the wrongful repossession Require Capital One to return my vehicle immediately Impose penalties for : Failing to provide notice Wrongful deprivation of property Retaliation for asserting legal rights XXXX Require Capital One to confirm : Proof of legal ownership Chain of title Licensing/authorization of the repo agent Consumer Harm Loss of transportation for work and family needs Anxiety, fear, and financial disruption Loss of property without legal justification Continuing incorrect credit reporting and lien enforcement This is the latest and most severe example of Capital Ones abusive pattern toward me. 

Attached / Previously Submitted Evidence XXXX XXXX XXXX XXXX XXXX letters Arbitration demand and correspondence Federal XXXX filing Consumer disputes and CFPB complaint Police confirmation of repossession Closing Statement I have tried every legal channel to resolve this dispute fairly. 
Capital One responded by taking my vehicle overnight with no notice. 

This is exactly why self-help repossession laws forbid abusive conduct. 

I urgently request the CFPB intervene to prevent further damage. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Email : XXXX Phone : XXXX

Company response to consumer: Closed with explanation