Consumer complaint received 2026-03-03 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: TN

Complaint narrative:
Description of Issue I am filing this complaint against Capital One Auto Finance for multiple violations of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., including collection activity during an unresolved debt validation dispute, failure to produce chain of title documentation establishing standing to collect, and continued automated debits in violation of a court-issued Temporary Restraining Order. Chronological Summary of Events XX/XX/XXXX : Retail Installment Sales Contract ( RISC ) executed with XXXX ( XXXX, TX ) as original creditor. XX/XX/XXXX : Consumer provided ACH authorization under a payment arrangement. XX/XX/XXXX : Consumer sent Letter 1, First Formal Validation Demand, disputing the debt and requesting chain of title documentation establishing Capital One 's authority to collect. XX/XX/XXXX : Capital One responded. No chain of title, assignment, or transfer documentation was produced. Response was legally insufficient under 15 U.S.C. 1692g ( b ). XX/XX/XXXX : Capital One issued a 'Notice of Strict Enforcement, ' threatening further collection activity while the validation dispute remained unresolved and unverified. FDCPA violation. XX/XX/XXXX : Capital One issued a second enforcement notice, again during the active, unverified dispute period. XX/XX/XXXX : Consumer sent Letter 2, Second Validation Demand, reiterating the request for chain of title documentation and disputing authority to collect. XX/XX/XXXX : Consumer filed a verified complaint in the Circuit Court for XXXX XXXX, Tennessee ( Case No. XXXX ), including a motion for Temporary Restraining Order. XX/XX/XXXX : Court granted XXXX. The order includes specific findings : ( 1 ) Capital One has produced no standing documentation ( Finding of Fact # 7 ) ; ( 2 ) Capital One likely violated FDCPA 1692g ( b ) ( Finding of Fact # 5 ) ; ( 3 ) Capital One ' can not establish standing to enforce the contract ' without assignment documentation. XX/XX/XXXX : Capital One processed an automated ACH debit of {$320.00}, occurring ( a ) 64 days after the first validation demand, ( b ) 24 days after the second validation demand, and ( c ) 9 days after the XXXX was in effect. The dispute remained unverified at the time of this debit. XX/XX/XXXX : Consumer sent ACH Revocation Letter and comprehensive demand. XX/XX/XXXX : Preliminary Injunction hearing scheduled. FDCPA Violations The following violations are documented and supported by court findings : 15 U.S.C. 1692g ( b ) : Collection activity during unresolved validation dispute. Capital One issued enforcement threats on XX/XX/XXXX and XX/XX/XXXX, while consumer 's XX/XX/XXXX dispute remained unverified. The court found this to be an 'apparent violation ' in its XX/XX/XXXX XXXX order ( Finding of Fact # 5 ). 15 U.S.C. 1692g ( b ) : Failure to provide adequate verification. Despite four written demands, Capital One has produced zero chain of title documentation showing how it acquired the debt from the original creditor, XXXX. The court confirmed Capital One ' can not establish standing to enforce the contract ' without such documentation ( Finding of Fact # 7 ). 15 U.S.C. 1692g ( b ) : Continued automated debits during unverified dispute. ACH debits processed from XX/XX/XXXX through XX/XX/XXXX while the debt remained disputed and unverified. 15 U.S.C. 1692e : False representation of authority. Capital One represented it had the legal right to enforce the contract and collect the debt without producing documentation establishing that right. 15 U.S.C. 1692f : Unfair practices. Processing the XX/XX/XXXX ACH debit during a court-ordered restraint from collection activity constitutes an unfair and unconscionable means of collecting a debt. Court Findings Supporting This Complaint The Circuit Court for XXXX XXXX, Tennessee entered a Temporary Restraining Order on XX/XX/XXXX ( Case No. XXXX ) making the following binding findings relevant to this complaint : Finding of Fact # 5 : Capital One likely violated FDCPA 1692g ( b ) by continuing collection activity during an unresolved validation dispute. Finding of Fact # 7 : Capital One has produced no documentation establishing standing to enforce the underlying contract. Despite these judicial findings, Capital One processed an unauthorized {$320.00} ACH debit on XX/XX/XXXX, nine days after the XXXX was entered Consumer Harm Financial harm : {$320.00} unauthorized debit processed during court-restrained period. Risk of vehicle loss : The vehicle at issue ( XXXX XXXX XXXX, XXXX : XXXX ) is consumer 's primary transportation to employment. Loss of vehicle equals loss of income. Emotional distress caused by sustained illegal collection activity over multiple months. Burden of litigation costs incurred to obtain judicial intervention against violations Capital One 's legal department should have prevented. Requested Relief Open a formal investigation into Capital One Auto Finance 's debt collection practices regarding this account. Require Capital One to produce all chain of title documentation from original creditor XXXX to Capital One. Investigate whether Capital One 's practices constitute a pattern affecting other consumers. Take appropriate enforcement action under applicable federal consumer protection statutes. Forward this complaint to relevant enforcement partners as appropriate. Supporting Documentation Available XXXX Order, Circuit Court for XXXX XXXX, TN, Case No. XXXX ( XX/XX/XXXX ) Verified Complaint ( 4 counts ) Validation Demand Letter 1 ( XX/XX/XXXX ) Capital One Response ( XX/XX/XXXX ) - no chain of title Capital One Notice of Strict Enforcement ( XX/XX/XXXX ) Validation Demand Letter 2 ( XX/XX/XXXX ) ACH Debit Confirmation Email ( XX/XX/XXXX ) ACH Revocation Letter ( XX/XX/XXXX )

Company response to consumer: Closed with explanation