Consumer complaint received 2025-12-23 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Problem with a trade-in
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX

Complaint narrative:
CFPB COMPLAINT CAPITAL ONE AUTO FINANCE Re : Disclosure Accuracy, Contradictory Contract Terms, and Failure to Investigate ( TILA / Regulation Z ) Respondent : Capital One Auto Finance ( Division of Capital One, N.A. ) Account # : XXXX VIN : XXXX Summary of Issue This complaint concerns disclosure accuracy and contract verifiability under the Truth in Lending Act ( TILA ) and Regulation Z. Capital One Auto Finance is enforcing a Retail Installment Contract whose core disclosures can not be independently verified due to contradictory payoff entries and misclassified funds within the contracts own itemization. These defects prevent confirmation of the Amount Financed and related terms. 
Despite receiving detailed written notice, Capital One has not reconciled the discrepancies, provided documentary verification, or corrected related credit reporting. 
1. Contradictory Payoff Disclosures ( TILA 1026.17 ) The Retail Installment Contract contains two conflicting entries regarding the trade in payoff : Pay Off Made by Seller to XXXX : {$8400.00} Net trade in payoff to XXXX : {$0.00} These entries can not both be accurate. Because the payoff amount directly affects the Amount Financed, the loans core disclosures can not be verified from the face of the contract. 
2. Misclassification of Credit Funds as Cash ( TILA 1026.18 ) A {$4000.00} XXXX XXXX XXXX credit transaction was recorded in the contract as cash. 
Supporting documentation confirms the funds originated from a credit account, not cash. 
This misclassification affects the itemization of the Amount Financed and undermines disclosure accuracy. 
3. Unverifiable Loan Structure Based on the contracts itemizationincluding the trade allowance, payoff entries, and the {$4000.00} credit transactionthe Amount Financed can not be reconciled without holder provided documentation. 
To date, Capital One has not provided : payoff verification accounting of how funds were applied reconciliation of the contradictory entries 4. Assignee Responsibility and Failure to Investigate ( 15 U.S.C. 1641 ; Holder Rule ) Capital One has stated it was not present at signing. 
However, as the assignee and enforcing holder, Capital One is responsible for : ensuring the contracts disclosures are accurate addressing discrepancies apparent on the face of the contract investigating disclosure accuracy after receiving notice Capital One declined to investigate and continued enforcement and furnishing activity.

5. Ongoing Impact The loans Amount Financed and related disclosures can not be independently verified.

Capital One continues reporting the account while the underlying disclosures remain unreconciled.

The consumers can not audit or confirm the accuracy of the loan terms without documentation.

Requested CFPB Action The complainants respectfully request that the CFPB require Capital One Auto Finance to : 1. Reconcile Contract Disclosures Provide documentary reconciliation of the conflicting payoff entries ( {$8400.00} vs. {$0.00} ). 
2. Correct Misclassified Funds Provide an itemized accounting of the {$4000.00} credit transaction and correct its disclosure treatment.

3. Verify the Amount Financed Provide documentation sufficient to independently verify how the disclosed terms were calculated.

4. Suspend Enforcement During Verification Temporarily suspend collection activity and negative credit reporting while verification is pending.

5. Correct Credit Reporting Ensure furnishing reflects disputed status and correct any reporting tied to unreconciled disclosures. 
Conclusion This complaint is not a request for payment accommodation.

It is a request for disclosure accuracy and contract verification under TILA and Regulation Z.

Capital One is enforcing a contract whose disclosures can not be independently verified without reconciliation and documentation. 
CFPB intervention is requested to compel verification and correction as required by federal law.

Company response to consumer: Closed with explanation