Consumer complaint received 2025-07-30 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Getting a loan or lease — Changes in terms mid-deal or after closing
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IN

Complaint narrative:
Issue : Capital One refused to investigate auto loan fraud and misrepresentation despite formal notification, supporting evidence, and active government complaints. I also requested that the loan be canceled due to these fraudulent conditions and was dismissed. 

On XX/XX/XXXX, I purchased a used vehicle from XXXX XXXX XXXX  in Indiana. The dealership submitted a loan application to Capital One Auto Finance reporting a {$4700.00} down payment. 

That is false. I paid {$0.00} down. 

Instead, the dealership required me to make $ XXXX  monthly payments directly to them toward what they called a deferred down payment. I have receipts proving these payments. This structure was never disclosed to Capital One. 

At the time of purchase, the dealership told me : If your lender asks, just say you paid cash or they might not approve the loan. 
This proves the dealership knew the loan terms being submitted were false and actively coached me to lie to the lender, constituting clear fraud. 

The vehicle was also misrepresented : It has failed emissions during my ownership. 
There are safety-related issues and possible frame rust or body rot. 
The dealer claimed multiple repairs were performed but never provided service documentation. 

XXXX XXXX XXXX also committed multiple violations of state and federal law that support my claims : Known Legal Violations Committed by XXXX XXXX XXXX  : 1. FTC Used Car Rule ( 16 CFR Part 455 ) : Failure to display the federally required Buyers Guide on the vehicle at the time of sale.

2. Truth in Lending Act ( TILA ) : Misrepresentation of the down payment on financing documents submitted to Capital One.

3. Federal Trade Commission Act Section 5 : Engaging in unfair or deceptive acts or practices, including vehicle misrepresentation and coaching me to lie to the lender.

4. Indiana Deceptive Consumer Sales Act ( IC 24-5-0.5 ) : Selling a vehicle with concealed defects, failing emissions, and claiming repairs with no evidence.

5. Bank Fraud Statute ( 18 U.S. Code 1344 ) : Attempting to obtain loan approval through false information submitted to the lender.

6. Breach of Contract : Failing to follow terms requiring disclosure of vehicle condition and providing Buyers Guide at the time of sale.

My Attempts to Resolve With Capital One : Call XXXX XX/XX/XXXX I called Capital One Auto Finance at XXXX and spoke for 14 minutes. I reported that the dealership misrepresented the down payment and vehicle condition. I told the agent I paid {$0.00} down and had receipts proving I pay the dealer directly. I asked where I could submit my documentation. I also informed the agent that I had filed complaints with the Indiana Attorney General ( Complaint No : XXXX, the Indiana Secretary of State, and the FTC. I was told someone would contact me. 

Call XXXX XX/XX/XXXX I called XXXX and spoke again for 14 minutes. I specifically asked Capital One to open a formal fraud investigation. The agent acknowledged that my Capital One file shows a {$4700.00} down payment. I clarified again that I paid {$0.00} down and had documentation showing I was paying the dealer $ XXXX/month directly. 

I repeated that the vehicle was misrepresented and that this case was under review by multiple state agencies. During the call, the agent made a comment along the lines of so do you want to cancel the loan? I responded that I did, ideally, want the loan canceled due to the fraudulent and unsafe nature of the transaction.

Disclosure : I am doing my best to recount these conversations accurately based on memory and notes. However, I want to acknowledge that the Capital One agents I spoke with had heavy accents, and I may not recall their exact phrasing word-for-word. The substance and meaning of the conversations are represented truthfully and in good faith.

Despite all of this, I was ultimately told : Speak to the dealer.

Capital One then : Refused to open a fraud investigation.

Denied me the opportunity to submit documentation.

Ignored receipts proving a falsified down payment.

Ignored the vehicles unsafe and undisclosed condition.

Ignored the fact that I was actively working with government agencies.

Ignored my request to cancel the loan.

This is not only negligent it violates core principles of consumer protection and appears to breach the Truth in Lending Act ( TILA ), the Fair Credit Billing Act ( FCBA ), and CFPB regulations regarding loan disputes and fraud.

I am requesting that the CFPB : 1. Require Capital One to open a formal fraud investigation.

2. Accept and review documentation proving I paid {$0.00} down and am paying the dealership directly.

3. Correct the falsified down payment in their loan records.

4. Investigate the dealerships coaching to falsify loan documentation.

5. Address Capital Ones refusal to act despite full knowledge of ongoing fraud.

6. Assist in canceling this loan, as it was obtained through false representations and continues to be harmful to me as a consumer.

The attached images support my claim of dealership fraud and misrepresentation in connection with my vehicle purchase and loan. One photo ( dated XX/XX/XXXX ) shows the truck on the dealers lot with no federally required Buyers Guide visible, taken just prior to my purchase. Another image is a receipt showing my {$250.00} payment to the dealership, directly contradicting the {$4700.00} down payment Capital One claims I made. The final two photos are call logs from XX/XX/XXXX and XX/XX/XXXX, documenting my formal fraud reports to Capital One. During both calls, I disclosed the fraudulent down payment, requested a formal investigation, and informed them of my pending complaints with the Indiana Attorney General, Secretary of State, and FTC. I was told only to speak to the dealer, and no investigation was opened to my knowledge.

Company response to consumer: Closed with explanation