Consumer complaint received 2025-06-10 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Repossession — Damage caused or loss of personal items in vehicle during the actual repossession
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MA

Complaint narrative:
Open date of loan : XX/XX/XXXX Complaint Against : Capital One Auto Group/Kohls Capital One Credit Card Description of the Issues with Capital One Auto Group/Kohls Capital One Credit Card Violations noted below : 1 ) What Occurred/Issue # 1 : Unauthorized credit inquiries, hard checks on my credit report, specific dates documented ; have full documentation ( credit reports ) to support my claim, which I am prepared to provide upon request. Both done by Capital One Auto and Kohl 's Capital One Credit card company Violation # 1 : " Fair Credit Reporting Act '' ( FCRA ). This law is designed to promote fairness and privacy of my information in the files of consumer reporting agencies. They were not obtained for a permissible purpose in which I had not initiated a transaction related to my existing account, and they also pulled my credit unauthorized as a " hard inquiry '' multiple times without myself initiating any type of application, and without any other valid permissible purpose. They were essentially illegally accessing my private financial information. 

Violation # 2 : " Permissable Purpose ''. The unauthorized hard credit checks were done by the same company in two separate divisions that handle both my auto loan and credit card. That significantly amplifies the violations, especially under MA law resulting in heightened FCRA violations and damages leading to a higher number of violations.

Violation # 3 : " Proof of Willfulness/Pattern : The fact that both divisions have been doing it strengthens my argument that it is not an isolated mistake, but potentially a systematic issue or a " reckless disregard '' for FCRA compliance. This also indicates the possibility of " willful noncompliance '' potentially leading to higher punitive damages. 

Violation # 4 : Compounding Harm : The multiple hard inquiries by the same company in two separate divisions ( Capital One Auto/Kohls Capital One Credit Card ) had an even more severe impact on my credit score. It led to higher actual damages debilitating my ability to seek any other alternative options such as auto refinancing etc. In conclusion the amplification of this matter is a two fold double activity.

2 ) What Occurred/Issue # 2 : Not adhering to the fifteen day grace period for the whole period from XX/XX/XXXX to when I voluntarily surrendered the vehicle recently Capital One Auto Group did not comply with the original loan terms for one month since day one of the contract, every month I was considered past due at the end of the month, my payments and percentage rates increased, they would excessively call me if I was even one day overdue, I redundantly reminded them about the 15 day grace period, it was never comprehended or adhered to, and my credit score was impacted. Have full documentation and prepared to provide upon request.

Violation # 1 : " Breach of Contract ''. My auto loan was a legal contract. It outlined the terms and conditions, including the payment due dates, interest rates, and any grace periods for late payments which is a contractual allowance of extra time beyond the payment due date. These actions repeatedly and continuously repeatedly damaged my credit, APR, and monthly payments.

Violation # 2 : " Duty to furnish accurate information under the FCRA ''. Inaccurate Furnishings of information that requires the company to provide accurate information to credit bureaus. If I missed a payment on the due date for any month it was considered " late '' and reported to the credit bureaus before the contractual grace period expired and before the customary 30 day reporting threshold of 30 days past the original due date. 

Violation # XXXX : " Unfair or Deceptive Acts or Practices ''. What occurred strongly suggests unfair and deceptive practices. They were contractually obligated to honor the grace period in the contract and consistently failing to honor especially after multiple requests by myself is deceptive. This unfair practice caused repeated harm to my credit score, APRs, and monthly payments. After reviewing my total payment amounts towards the car itself and interest paid last month the interest paid gradually increasing throughout the course of time based on their actions ultimately concluding I had made more total payments in interest than in the vehicle itself. 

XXXX ) What Occurred/Issue # XXXX : Capital One has a history of aggressive, harassing, and excessive calling. When I did speak with that is what occurred with myself on a very frequent basis. When I did speak with them to try to compromise or have them understand what they were doing there was no accountability or responsibility for anything. It was always on me. When I did speak to them they were rude, I had to block them multiple times, and they still found a way to call me. They also called me more frequently on the weekends than during the week from observing all of the call records. I have all of the years, months, days, and times documented for every phone call if needed. 

Violation : Telephone Consumer Protection Act and Under Federal Law the Fair Debt Collection Practices Act. Specific FDCPA violations relating to this matter. 
Violation : Harassment or Abuse : This is the most direct violation for annoying phone calls. 

Violation : Unfair Debt Collection Practices. Repeated and Continuous Calls, Calling on the weekends during prohibited calling times, harassment or abuse. I also had the right to revoke consent asking them to stop calling me, blocking them multiple times after explaining my situation, and then continuing to find a way to call me. This indicates a violation of the telephone consumer protection act. NOTE : This company has a long standing history of class action lawsuits due to this and other violations. 

Possible Violation : " Common Law Harrassment '' / '' Intentional Infliction of Emotional Distress '' : Despite this law being more extreme I had to make note of this and will express the fact that this all did cause XXXX XXXX XXXX XXXX XXXX and at times I really did feel like it was intentional despite being difficult to fully prove that I felt like their conduct was intentional and reckless. 

What Occurred/Issue # XXXX : On XX/XX/XXXX of XXXX Capital One reported an update regarding that as an issuer of the Kohls credit card that additional consumers had been identified as impacted by the breach and should receive letters about the incident. I found out about it on the class action website, inquired with them, and was informed that I was impacted by it. I was never notified by Capital One Kohl 's credit card and would have not known if I did not find out and inquire about it myself. They did not take or ensure proper steps to protect the information that was entrusted with their company. 

Violation by Kohl 's Capital One Credit Card : Violation # 1 : " Massachusetts Data Breach Notification Law ''. I was not directly notified, especially given the Massachusetts Data Breach Notification Laws.

I was not provided with : 1 ) The duty to notify residents. I was not given notice as soon as practical, there was not only a delay but no notification at all finding out myself, they were aware of the breach of security, and were aware that my personal information was acquired or used by an unauthorized person or used for an unlawful purpose. 

2 ) Violated my personal information : My full name could have been revealed as well as my social security number, driver 's license number, financial account number, medical information, other credit related information, and clearly falls under the definition of personal information triggering the notification requirement that never occurred.

How has this all impacted me : 1 ) The delayed mitigation not being promptly notified of the data breach : Not only was it delayed it was more than delayed having to notify and find out myself of what occurred. I was completely unaware that my information was compromised, if I was informed I could have taken immediate and necessary protective measures such checking my credit history, being offered credit monitoring services if I was informed, change passwords, or take any other prompt protective measures. If I had not found out myself it would have significantly increased my identity vulnerability and risk of harm. 

XXXX ) Emotional Distress and Time Spent : The discovery that my information was exposed while unlawfully not being notified in addition to my discovery that my information was exposed caused significant emotional distress, XXXX, and have been feeling more than violated not only due to this matter but the multiple prior matters in this letter. Words can't describe the overall impact all of this has had in every avenue of my life.

3 ) This also led to the loss of opportunity to proactively protect my private information and if they had complied with MA law and notified me in a timely manner I would have been able to proactively do so. I was never offered any protection services let alone not being notified at all. As a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  I was also a victim of the XXXX XXXX XXXX breach a couple years ago, lost my XXXX XXXX  never received any type of support for my billing lost medical claims, other breaches have compiled since then, and have not recovered since. This just added to the XXXX XXXX XXXX and stress that I have experienced on a consistent basis since then and this situation made it even worse. 

XXXX ) Out of pocket costs : In addition to having to make higher car and credit card payments due to the prior occurrences noted in this letter in addition to this data breach I have no definitive number of how much additional costs have come out of my pocket but am aware of the amount of additional money I made in car and credit card payments due to what has been noted. 

XXXX ) What Occurred/Issue # 4 : I was not properly informed of the repossession per MA General Laws Chapter 255B, section 20 ( The Right to Cure Default Statute ) Violation # XXXX ) I was never given a clear opportunity to have repossession prevented, they failed to properly inform me prior to me surrendering the vehicle, and there was a lack of proper notice before potential repossession was threatened or implied. 

Violation # 2 ) Condition Precedent to Repossession : They can not repossess the vehicle or accelerate the maturity of the loan/meaning demand the full amount immediately unless they first sent me a very specific notice. That never happened. 

Violation # XXXX ) " Required Title '' : I never received notice titled " rights of defaulting buyer under the MA Motor Vehicle Installment Sales Act '' / '' Notice of right to cure ''. I was never sent this and was not informed or ensured that I fully understood the seriousness of my rights. 

Violation # 4 ) I was never given notice of the nature of the default, the specific missed payments, the exact amount necessary to cure the default, the specific dates in which any amount was to be paid, and was never given notice that if an amount was not paid by that date that they could repossess the vehicle. Nothing in that nature was ever received via regular mail, registered, or certified mail.

In conclusion, there is strong evidence to conclude that they did not meet any of the strict requirements indicating a violation of M.G.L c. 255B, 20A.

Violation # 5 ) " Failing to provide a legally mandated pre repossession notice ''. Violation of MA Consumer Protection Act : Capital One Auto failed to provide the legally mandated pre possession notice. A lender 's failure to comply with the requirement is considered an " unfair and deceptive act or practice '' under Chapter 93A. 

Consequences of the Violations : Loss of Deficiency Balance. There was no proper 21 day " right to cure '' notice as required by MA, Capital One should be held accountable for the deficiency balance, and they should not have any right to collect any deficiency balance from myself. 

Rights Violated as a Consumer : Even with my voluntary surrender I honestly felt like I was more threatened than repossession, they made it seem inevitable, they hadn't sent the proper M.G.L c. 255B, 20 A notice, and strongly believe should be treated as an unlawful repossession.

The actual damages that occurred with myself : There is evidence to conclude that Capital One Auto 's violation was willful and knowing ignoring a the clear statutory requirement and if anything the amount of damages that occurred with myself and led to more actual damages to myself due to the multiple consumer laws that were broken by Capital One Auto and Kohl 's Capital One Credit Card Company. 

The situation I am dealing with now : In addition to everything I have explained, in addition the negative remarks related to the repossession of my car are based on multiple unlawful acts by Capital One. 

All of this lack of proper information contributed to me feeling compelled to surrender the vehicle and more than prevented me from exercising my legal right to cure the default. There were also other companies XXXX XXXX XXXX XXXX XXXX who engaged in unfair and deceptive practices and also contributed to the recent surrendering of the vehicle in which you will likely be hearing about in the near future. 

They were all major contributors to the condition of the car when it was voluntarily surrendered because I am sure you will be informed of the condition of the car. Briefly to explain when I was moving out of my apartment in the end of XXXX I shut the trunk door and the window shattered pretty much on me, XXXX XXXX claimed I did not have full comprehensive coverage when I did, and I found out the windows were recalled years ago due to breaking easily with XXXX XXXX with the specific year, make, and model of my XXXX XXXX XXXX due to being poorly calibrated. 

I had to drive to PA to my Father 's due to having to move out of my apartment with an artificial rear windshield and on the way to my Father 's the front windshield got pebbled when going to visit my Father in PA ultimately not being able to drive the car due to the other two companies above. Also the interior got damaged from an interior restoration company who did a horrible job restoring the car after I attempted to superglue the front calibrated computer unit that was constantly falling down. The superglue leaked into the middle console, hired a company to restore, and made it worse. Not very good luck with the car period. 

I had made multiple claims to XXXX and they did nothing. There was also a recall on my fuel injection, they made appointments for me to come into their shop, I constantly told them I could n't drive the car, and they didn't comprehend. You will be hearing about these other XXXXwo companies in the near future. Words can't describe how much of an overall toll this has taken on me. But regardless, I hope you get a better understanding of my side of the story and a bigger picture. 

Due to all of the occurrences in this letter Capital One Ultimately filed to repossess the car from me, and these violations specifically their failure to accurately disclose fees as required by the Truth in Lending Act and their persistent harassment regarding payments that were already disputed created an untenable financial burden that directly impaired my ability to continue making timely payments. 

Despite my best efforts to keep up with everything before being fully aware of the unlawful practices I attempted to resolve these discrepancies and work on a solution with them multiple times and honestly felt like I was being punished, harrassed, or not compromised with every single time. The cumulative impact of their non compliance left me with no viable option but to surrender the vehicle to mitigate further damages. 

It was only after their actions in addition to the other two companies XXXX XXXX XXXX XXXX XXXX where it came to the specific point where it made it impossible for me to continue as Capital One refused to acknowledge my disputes regarding their excessive charges or their illegal collection practices that began to impact me significantly. I was forced to conclude that continuing the financed loan was unsustainable due to their unlawful conduct. 

I would like to be unequivocally clear that I did not wish to surrender this vehicle. This action was taken under duress, as a direct consequence of Capital One Auto/Kohls Capital One egregious and unlawful behaviors. I firmly believe that their actions are the sole reason for this unfortunate outcome. 

Thank you for taking the time to read this letter. Sometime in the near future you will be receiving the information on XXXX XXXX and XXXX XXXX, their unlawful and deceptive practices, and feel free to contact me if you have any questions. 

Regards, XXXX XXXX

Company response to consumer: Closed with explanation