Consumer complaint received 2025-03-05 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Company explaining amount owed
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
I am writing to formally dispute the unlawful and deceptive repossession of my XXXX XXXX XXXX and to demand an immediate resolution to this matter. 
On XX/XX/XXXX, I received an email from Capital One stating that I had until XX/XX/XXXX, to contact your office to discuss the alleged delinquency on my account. The email explicitly stated that failure to contact Capital One by that date would result in the initiation of legal proceedings and repossession. However, in direct contradiction to this statement, my vehicle was repossessed without notice or proper due process on XX/XX/XXXX. 
On that day, while shopping at a local grocery store, I returned to the parking lot to find my vehicle missing. Moments later, I received an email from Capital One titled, Weve now repossessed your vehicle. Lets figure this out together. This immediate repossession, without affording me the time frame explicitly communicated in your prior correspondence, constitutes both deceptive and bad-faith business practices. 
Additionally, the repossession was conducted in an unpeaceful and unlawful manner. As you are undoubtedly aware, repossession must be conducted without breaching the peace. Your actions disregarded this fundamental legal requirement. 
Prior to this unlawful repossession, I exercised my legal right to request proper validation and verification of the alleged debt, including a copy of the original binding contract. My letter was sent to Capital One on XX/XX/XXXX, and received by your office on XX/XX/XXXX. 
Despite this, I have yet to receive the requested documentation proving Capital One 's claim, yet my vehicle was taken without due process. You have asserted that I owe a debt, but you have failed to provide any evidence substantiating your claim. 
Furthermore, I must remind Capital One that any attempt to litigate this matter would be a direct violation of your own arbitration clauses. Repossessing or selling my vehicle absent clear contractual language permitting such action further constitutes a breach of said arbitration clauses. Your unlawful actions will be addressed accordingly should you proceed down this path. 
Case law supports my position. Under XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), the court held that self-help repossession must be conducted without breach of the peace, and failure to do so can constitute wrongful repossession. Additionally, under XXXX v. XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), an improper repossession may also give rise to a claim of conversion and wrongful taking. Your actions align with the violations outlined in these cases and will be challenged accordingly. 
I demand immediate resolution to this matter, including the return of my vehicle, a full accounting of all actions taken, and a formal response addressing the legal violations committed by Capital One in this process. Failure to comply with these demands may result in legal action, regulatory complaints, and further recourse necessary to protect my rights. 
Govern yourselves accordingly.

Company response to consumer: Closed with explanation