Consumer complaint received 2025-08-26 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Lender trying to repossess or disable the vehicle
Company: CAPITAL ONE FINANCIAL CORPORATION
State: VT

Complaint narrative:
I am filing this complaint against Capital One Auto Finance, XXXX XXXX XXXX XXXX XXXX ( XXXX ), and their subcontractor XXXX Repo, relating to the unlawful repossession of my XXXX XXXX XXXX and subsequent obstruction in obtaining required documentation. 


-- - Summary of Violations On XX/XX/XXXXXXXX XXXX XXXX in a recorded call with XXXX XXXX XXXX XXXX, he admitted : XXXX is in possession of documents and a statement from XXXX Repo claiming no wrongdoing. 

XXXX has refused to provide me with these documents, despite repeated requests. 

XXXX attempted to shift responsibility back to Capital One, even though XXXX is acting as a debt collector under the FDCPA. 

XXXX claimed a release form was needed to provide documentation, which is false. 

XXXX admitted it is not a repossession company and subcontracted the work to XXXX XXXX. 

XXXX condoned XXXX XXXX driving onto my lawn and using a lockout kit to break into my locked vehicle, claiming this did not constitute a breach of peace. 

XXXX further refused to provide me with a written recap of our call or their position. 

XXXX told me that if I had an attorney, my attorney should contact them for information despite my right to obtain this information directly. 


These admissions confirm that XXXX is actively obstructing my access to records, misrepresenting its obligations, and condoning unlawful repossession practices. 


-- - Legal Violations These actions constitute violations of multiple federal and state laws, including : 1. Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq.

1692e False, deceptive, or misleading representations.

1692f Unfair and unconscionable means of collection.

1692g Failure to provide verification of debt and supporting records.

2. Uniform Commercial Code ( UCC ) 9-609 ( b ) ( 2 ) as adopted in Vermont Repossession is only lawful if conducted without breach of the peace.

Driving across a private yard and forcibly entering a locked vehicle with a lockout kit is a breach of the peace.

3. Vermont Trespass Statute, 13 V.S.A. 3705 Entry onto private property without consent is trespass.

Vermont law does not require a fence or gate for a yard to be considered private property.

4. Vermont Consumer Protection Act, 9 V.S.A. 2451 et seq.

Misrepresentation, obstruction, and refusal to provide information constitute unfair and deceptive practices.

5. Conversion / Property Rights 802 Repo removed my personal property through a bag and tag procedure without my presence or supervision. This is unlawful interference with my property rights. 

-- - Supporting Evidence Recorded phone call with XXXX XXXX ( XXXX ) confirming possession of documents, refusal to provide them, redirection to Capital One, and admissions regarding trespass and forced entry. 

Prior communications with XXXX XXXX, including admissions that they removed all personal property ( bag and tag ). 

Written records of repeated requests for documentation, all refused. 



-- - Conclusion XXXX and XXXX XXXX, under Capital Ones authority, are actively obstructing my rights, misrepresenting their obligations, and condoning unlawful repossession practices. These actions are violations of the FDCPA, UCC 9-609, Vermont trespass law, and consumer protection statutes. 

I request that the CFPB compel these companies to comply with the law, provide full documentation, and issue a written response within the statutory timeframe.

Company response to consumer: Closed with explanation