Consumer complaint received 2025-02-07 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Problem with additional products or services purchased with the loan
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
I am formally lodging a complaint against Capital One Auto Finance for failing to comply with Federal Law and Truth in Lending Act in regards to my right to rescind the retail installment contract pursuant to 15 USC 1635 ( a ). This contract, entered on XX/XX/XXXX, contained nondisclosure 's that rendered the agreement between myself, XXXX XXXX, and Capital One Auto Finance fraudulent. As a result, I am exercising my right to rescind the entire contract under the Truth in Lending Act. 
On XX/XX/XXXX, I visited the XXXX XXXX XXXX XXXX dealership to purchase a vehicle. I decided on a XXXX XXXX XXXX rs. After negotiations, XXXX XXXX XXXX XXXX ran my credit and received approval from Capital One Auto Finance to finance the vehicle on Credit. 
On XX/XX/XXXX, I thoroughly reviewed the Retail Installment Contract and noticed several disclosures were missing, which I, as the consumer, am entitled to under the Truth in Lending Act and the Gram-Leach-Bailey Act. 
In XX/XX/XXXX, I received communication in the form of a bill from Capital One Auto Finance. 
I then issued a notice of reservation of rights to Capital One Auto Finance, highlighting the missing disclosures and outlined that the Security Collateral ( NOTE ) was indeed the full payment for the vehicle that was performed on XX/XX/XXXX. I performed under the contract in good faith and tendered a payment in U.S. funds through Financial Asset ( NOTE ) that is outlined in the Uniform Commercial Code section 104. 
Shortly after I checked the account and noticed that the payment did not reflect the principal account. I contacted Capital One Auto Finance several times over the phone and could not get any answers on my concerns regarding the non-disclosures on the retail installment sale contract. On XX/XX/XXXX I got a response from Capital One Auto Finance validating the debt, but upon reviewing they did not provide me with any documentation that is required under 15 U.S. Code 1692g - Validation of debts, and 12 CFR 1006.34 Notice for validation of debts. " Consequently, the letter contains defamatory statements that falsely label me as a sovereign citizen, thereby maligning my reputation and character. This constitutes defamation of character. '' After multiple attempts to resolve this issue in good faith and pointing out the nondisclosure 's in the retail installment contract, I decided to exercise my rights under the Truth in Lending Act to rescind the contract upon fraud and breach of contract. 
In addition to rescinding the retail installment sale contract I exercise my right to cease and desist all communications between Me and Capital One Auto Finance in which Capital One Auto Finance violated by sending me a notice of default right to cure. 
The following disclosures are missing from the contract : Full disclosure of my rights to rescind, per 15 USC 1635.

Transparency regarding the process of the consumer credit application being a financial asset, per 12 CFR 360.6 ( 2 ).

Information on self-liquidating paper, per 17 CFR 260.11b- ( 6 ). I believe XXXX XXXX XXXX XXXX and Capital One Auto Finance knowingly took advantage of me and my consumer credit. 
The right to opt-out of furnishing certain information to any CRAs, per the Gram-Leach-Bailey Act, 15 U.S. Code 6802 ( a ) ( b ), 15 U.S. Code 6803 ( a ) ( 1 ).

Holder in Due Course disclosure, per 16 CFR 433.2 - Preservation of consumers ' claims and defenses. The Federal Trade Commi
ssion Rule Manual states that this disclosure can not have additional notations, symbols, or language that would restrict its applicability. I found such notations that restrict its applicability. Due to these issues, the consumer may assert a right not to pay all or part of the outstanding balance owed to the creditor, by way of claim or defense. Additionally, this represents a breach of contract under UCC Article 2-609 for the sale of goods.

Company response to consumer: Closed with explanation