Consumer complaint received 2025-07-30 00:00:00
Product: Debt collection — Auto debt
Issue: Took or threatened to take negative or legal action — Seized or attempted to seize your property
Company: CAPITAL ONE FINANCIAL CORPORATION
State: VA

Complaint narrative:
I have had a car loan with Capital One Auto finance for over 5 years. Some time during this loan a dispute was raised with regard to the validity of the contract by me. Letters where sent to them, but the needed information with regard to the contract where never sent. The matter was not getting resolved so I requested arbitration which according to the agreement was allowed in the contract, but they denied me that right stating that talking with them is arbitration. After this about 4 plus years ago I started receiving letters from them threatening/ harassing letters in the mail stating that I defaulted on the loan and they were going to repossess the vehicle, even though the account was still in dispute. Knowing this I was going to just let them come pick up the vehicle and just deal with the issue another way, possibly through litigation. Capital One Auto Finance possibly a year later sent the same letter to my residence threatening me with repossession. Do to my contractual dispute with them not being resolved and due to the harassment I was receiving from them, I placed a cease and desist order on them for there harassments, and again was going to let them repossess the vehicle and deal with this issue through litigation, but again the vehicle was not repossessed. Capital One sent me after this a cease and desist letter in the mail, but with there own language in the letter stated that they would still communicate with me with regard to the account matters. After all of this Capital One abandoned the vehicle for three plus and really a total of 4 plus years altogether only to come pick up the vehicle on XXXX in the middle of the night. Capital One Auto Finance during this abandonment period never sent a bill in the mail, or any type of communication in the mail with regard to the account. Since this vehicle was not paid off, it technically would not be my vehicle until it was paid off, meaning that it belongs to the owner which is Capital One Auto Finance. In the state of Virginia it is considered abandonment after 48 hours of leaving a vehicle on public or private property. During this time of abandonment, taxes were paid, maintenance was conducted, tags were paid for. After abandoning this vehicle for basically 4 plus years it is unfair, Prejudice, and unlawful for them to do so, since they through there non communication abandoned/ gave up there rights to vehicle by there own accord. It was also through further investigation into this account that it was found out that Capital One Auto Finance committed Identity theft and Fraud by using the account number that is associated with my SSN, DOB, Address, etc. to open an account with Treasury Direct for the sum of XXXX dollars without my express written consent. It should be also noted that as one of the earlier disputes with this contract that the name that they are using for this contract is not my name, but only an appellation which denotes a deceased or no existent person which cam be proven by an attached affidavit of a witness that was present at my birth in a motor vehicle on a highway with specific details from my progenitor ( my mother stating what my name was/ is upon birth ). Please see attached documentation for further more through explanation.

Company response to consumer: Closed with explanation