Vehicle loan or lease -- Getting a loan or lease -- Complaint #5817680
Complaint Overview
Complaint ID: 5817680
Company: Capital One Financial Corporation
Product: Vehicle loan or lease
Sub-Product: Loan
Issue: Getting a loan or lease
Sub-Issue: Fraudulent loan
State: Indiana
ZIP Code: 46311
Date Received: 2022-07-27T12:00:00-05:00
Date Sent to Company: 2022-07-27T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
Updated/New Information to previous claim On XX/XX/22 Capital One Auto Finance responded to a letter I sent to them regarding my auto loan. In there response they indicated they indicated that they did not do anything wrong nor did they not violate my consumer rights. On XX/XX/22 I send a cease and desist letter detailing the following violations they committed against me the consumer. 15 USC 1662b a cash payment can not be mixed with a consumer credit transaction 15 USC 1605 violated TILA ( Truth In Lending Act ) by not including all fees in the finance charge such as auto insurance. All fees should be included in the sum of all charges. This violation makes the contract fraudulent. Capital One nor the dealership never disclosed this information which is another violation. 15 USC 11 states the criminal and civil liability for willful failure to disclose this information is a XXXX penalty and imprisonment for up to 1 year. Capital One also stated that I owe a debt to them in the amount of XXXX. 18 USC Code 8 states that all debts public and private are already paid for. When I signed the contract and it was submitted the loan was already paid for. This is another violation of my consumer rights. Next Capital One Capital One violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681 ( a ) ( 4 ). They assumed the role of assembling and reporting information on consumers such as myself, the FCRA requires that it is done so in a manner that is fair and equitable. 15 USC 1681b ( a ) ( 2 ) states that you may furnish a consumer report if written instructions were given by the consumer. This is a violation of my rights as I never gave Capital One permission to obtain, release, or report any information to any third parties which includes consumer reporting agencies. Capital One committed identity theft under 15 USC 1681c2 by taking my private transaction between myself and Capital One and furnishing it to a consumer reporting agency without my permission. According to 15 USC 1692a Capital One has been engaging in abusive practices and deceptive forms. I have outlined in my letter the violations that Capital One has committed and the remedy that I am seeking.
Frequently Asked Questions
What is Complaint #5817680 about?
Complaint #5817680 was filed against Capital One Financial Corporation regarding Vehicle loan or lease specifically about Getting a loan or lease. It was received by the CFPB on 2022-07-27T12:00:00-05:00.
How did Capital One Financial Corporation respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Vehicle loan or lease) and describe your issue in detail.
Can I see other complaints against Capital One Financial Corporation?
Yes, visit the Capital One Financial Corporation company profile at readthecomplaint.com/company/capital-one-financial-corporation to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.