Consumer complaint received 2025-10-01 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Managing the loan or lease — Loan sold or transferred to another company
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
I am filing a complaint against Capital One Auto Finance regarding my XXXX XXXX XXXX account ( # XXXX ). The original balance was {$34000.00}, and on XX/XX/year>, I received a written settlement offer for {$9100.00}, payable by XX/XX/year>, in monthly payments of {$1300.00}. The letter clearly stated that once the settlement was paid, the account would be considered settled for less than the full balance. I relied on this written agreement and prepared to make my payments in good faith. 

On XX/XX/year>, I received a phone call stating my balance was {$12000.00}, which directly contradicts the written settlement letter ( should have been {$5500.00} ). I was also told my contract would reinstate, even though I never received any notice or documentation of this by email or mail. Asked to speak to supervisor my call got disconnected. On XX/XX/year>, I called and requested a copy of my original contract, payment due, and i wanted a written settlement terms, but I was denied. The representative insisted that the only agreement was over the phone, which is unacceptable given I only had a basic arrangement letter but does not show details of how they maneuver this agreement. I made it clear that I have the right to receive full documentation, yet my request was refused. 

My Capital One app previously showed a balance of {$5500.00}, but the account has since disappeared entirely from the system. Despite this, I continue to receive collection activity from different numbers as of today. The call stated this is a debt collector, creating confusion as to whether Capital One itself or a third party now owns or collects this debt. I am also receiving numerous calls from different people and numbers, which raises serious concerns about whether my personal information has been mishandled or shared improperly. 

These actions violate several consumer protection laws. Under the Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 ), I have the right to receive written validation of the debt, including proof of ownership, accurate balances, and supporting documentation. Under the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 ), I have the right to accurate credit reporting, yet these contradictions raise concerns about how this account is being reported. Under the Truth in Lending Act ( 15 U.S.C. 1601 ), I am entitled to clear and written disclosures of any loan terms or modifications, which I did not receive. In addition, California law provides further protections : the Rosenthal Fair Debt Collection Practices Act ( Cal. Civ. Code 17881788.33 ) applies to both creditors and third-party collectors and prohibits misrepresentation of the amount owed, threats of reinstating contracts without notice, and refusal to provide documentation. Finally, under the California Consumer Privacy Act ( Cal. Civ. Code 1798.1001798.199 ), I have the right to know how my personal information is being used, who it is being shared with, and to have it protected against misuse.

I am acting in good faith by setting aside the money, but I can not make further payments until Capital One provides written confirmation of the original settlement terms, validation of who owns or is authorized to collect this debt, copies of my original contract and complete account history, and assurance that no further collection activity or contract reinstatement will occur once the written settlement is honored. I also request correction of any inaccurate credit reporting tied to this account.

Company response to consumer: Closed with explanation