Debt collection -- Took or threatened to take negative or legal action -- Complaint #5828410
Complaint Overview
Complaint ID: 5828410
Company: Capital One Financial Corporation
Product: Debt collection
Sub-Product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-Issue: Seized or attempted to seize your property
State: Texas
ZIP Code: 76109
Date Received: 2022-07-31T12:00:00-05:00
Date Sent to Company: 2022-07-31T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
On XX/XX/XXXX I entered into a consumer transaction with XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX. I was told by them, that a down payment of {$10000.00} was needed to drive off the lot, and to even be considered for financing. Violation of USC 1692e. The dealership also never informed me of my right of rescission, violation of 12 CFR 226.23 ( b ) ( 1 ). Transparency regarding the process of consumer credit application being a financial asset was never received either, violation of 12 CFR 360.6 ( 2 ), as well as self liquidating paper, violation of 17 CFR 260.11b-6. I contacted XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX by phone, to communicate my observation, and was told by the finance and insurance manager at the time to talk to CAPITAL ONE AUTO FINANCE. I then contacted COAF and the told me to contact the car dealership. As you would assume, I was/am confused and furious, and being misdirected on purpose. Around the end of XXXX, beginning of XXXX, I have sent the notice of rescission, right to rescind document to CAPITAL ONE AUTO FINANCE. The response was that I should communicate with the car dealership, and continued to enforce the retail installment contract. As I read more of the rescission process, it does say to give notice to the " CREDITOR '' which in this case, according to the retail Installment contract, is XXXX XXXX. On XX/XX/XXXX, XXXX XXXX aka XXXX XXXX XXXX XXXX XXXX recieved my notice of rescission, along with Affidavit of right to rescind. It has been more than 20 buisness days, and I have not recieved a response. They will not answer my phone calls either. I have yet to recieve my {$10000.00} down payment, or any unwinding of any transaction. On XX/XX/XXXX, COAF sent me a letter informing me of attempting to collect a debt, and or repossess my property. I am terrified of losing the only source of travel to get back and forth to work and my fear is amplified, even though the contract has been rescinded. There is also no signature on any of these documents, wich is proof none of this is lawful. I feel threatened and at war right now with COAF and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. Lastly, I contacted COAF to confirm the information of the letter, and the response was that the loan is under my name and is still owed by me, or XXXX XXXX returns the money to COAF. Unfortunately this all happened on the phone and no paper trail was made for that statement. An additional payment was made on the account in total fear of losing my personal property and I was threatened into doing so.
Frequently Asked Questions
What is Complaint #5828410 about?
Complaint #5828410 was filed against Capital One Financial Corporation regarding Debt collection specifically about Took or threatened to take negative or legal action. It was received by the CFPB on 2022-07-31T12:00:00-05:00.
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 (Debt collection) 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.