Consumer complaint received 2025-12-22 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Deficiency balance after repossession
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX

Complaint narrative:
Compliant : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, TX XXXX RE : Capital One Auto Finance Violation of Consumer Laws and Unlawful Business Practices Submitted to : Consumer Financial Protection Bureau Product : Auto Loan / Vehicle Repossession Issue ( s ) : * Incorrect information on credit report * Attempted collection of debt not owed * Failure to provide required notices * Unfair and deceptive business practices * Improper repossession and deficiency billing I am submitting this complaint regarding Capital One Auto Finances unlawful repossession practices, improper billing, and inaccurate credit reporting, which have caused severe financial and employment-related harm. 


Capital One repossessed my vehicle under circumstances where I was unlawfully deprived of possession due to third-party interference. Another individual concealed my vehicle, denied me access for approximately XXXX years, and attempted to place multiple unauthorized liens on the vehicle. All lien attempts were denied by the State of California, confirming that I remained the lawful owner.

Despite these facts, Capital One later repossessed the vehicle.

Failure to Provide Required Notices ( California Law ) Capital One failed to provide any of the mandatory repossession notices required under California Civil Code 2983.2 ( Rees-Levering Motor Vehicle Sales and Finance Act ) : including : * No Notice of Seizure, and * No Notice of Intent to Dispose of a Motor Vehicle prior to sale.

The only communication I received was a generic message stating, * We can help get your car back, which does not satisfy statutory notice requirements. 

Under California law, failure to provide these notices bars the collection of any deficiency balance. Despite this, Capital One has issued a billrequesting payment of an alleged deficiency. 

Improper Billing and Collection Activity : While this account is actively disputed, Capital One has : Sent a bill demanding payment of a deficiency balance that is legally barred ; Failed to validate the debt or demonstrate lawful compliance with repossession requirements ; and Continued collection activity despite notice of dispute. 

This conduct constitutes unfair and deceptive practicesand an attempt to collect an amount not legally owed. 

Inaccurate Credit Reporting : Capital One is furnishing inaccurate and misleading information to consumer reporting agencies by : * Reporting a repossession that was not conducted in compliance with state law ; * Reporting or enforcing a deficiency balance prohibited under California law ; and * Failing to reasonably investigate and correct disputed information. 

This violates : Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ) California Consumer Credit Reporting Agencies Act ( Cal. Civ. Code 1785.25 ) Consumer Harm : As a direct result of Capital Ones actions : I have been unable to obtain gainful employment, as adverse credit information has been used against me in employment-related screening. 
I have been forced to rely on public assistance and benefits due to the loss of employment opportunities caused by the damaged credit profile. 
My creditworthiness has been falsely and unfairly portrayed, causing ongoing economic harm. 
I have experienced substantial financial and emotional distress. 

The inaccurate reporting and unlawful billing amount to a serious misrepresentation of my financial reliability and financial profile. This adverse action has had lasting consequences beyond ordinary credit inconvenience.

Company response to consumer: Closed with explanation