Complaint Review: CapitalOne Auto Finance

Looks like the professional cap one company schills are at work here.

We all know that banks are criminal enterprises....

end of story.....

Steve the only reason I stated, "I would like to add to the rebuttal from Steve - Bradenton, Florida" was to add to the questions that you asked. I was not doing anything else. You had some valid questions & I added more to help me figure out the situation. I also added information from my experience at the company.
In regards to the practices of the company they are fine. To say that the Repo company tried to help you but letters were sent to the wrong address & other misleading information was passed doesn't make sense. Why would we mail a letter to an old address & pick the unit up from the correct address? where was your letter of notice from the repo company. the letter should have went to the address the car was pulled from. I think the agency pulled the fast one. They are the ones who transport the unit from the yard to the auction place. Everything is a sign & deliver. How would they not know where it was when they transported it? As I said from the start, " The information is still incomplete"

The issue is not the repossession itself. The issue was that Capital One after stating that they wanted to "help" and that I could get the car back if I paid had no intention of allowing that to happen by providing inaccurate information for me to do so. I'm over it I no have a Lexus and it's paid for. The bottom line is that their business practice and the quality of customer service they advertise is B S

Scott,

What are you talking about?

The comments in your post addressing me have nothing to do with what I said in my post.

You should re-read the post.

I made no reference to inside repo or contractors.

Well its a pretty simple answer - you don't pay for your car then the finance company will come get it. You are not the owner of the car until you have the title in your name ONLY and there are no liens on it. You don't get to live in your house for free, you don't get to go to the grocery and load up then walk out for free, why would anyone think they can drive the car for free? Should you have to pay a buttload of money to get your personal belongings out of your vehicle? Absolutely not. Should you have to pay the Toll Bridge fee? No way but then again you said they already worked that one out.

Sorry, but you were behind and the finance company was well within their rights to repo the car. As far as being given notice - well heck you said you were a little over two months behind and had a feeling it might happen - did you really need them to spell it out for you? If you were concerned about it happening you should have been in contact with them on a regular basis updating them on your situation and working with them to resolve it. Maybe you were (although I doubt it). But hey if they were to call all their customers who are behind on payments and say "We're going to pop by tonight to pick up our collateral." do you really think they would have much success? They are not legally obligated to return the car to you in your state and you had already not paid according to your contract so now they are supposed to just "be nice" and offer to work something out? I think not.

Maybe you should consider driving a Kia - you obviously cannot afford an Infiniti. Or better yet, buy a cash car - you own it free and clear and no one can repo it.

Just to enlighten you as to the final outcome. The paperwork Capital One Auto sent to me - certified mail - states that I could contact them or the repo agency National Auto Recovery. However, neither contacts specified assisted in anyway with locating the car or etc.

Capital One Auto gave incorrect information leading me into a cycle of inquiries that brought no resolution. After bringing the Dept of Consumer Affairs into the matter it was finally found that the car was taken to Florida before the date that Capital One specified as the final date that action could be taken to buy back the vehicle. Furthermore, Capital One Auto's lack of response to voicemail messages and mailed letters in effort to resolve the matter is altogether bad business. The Department of Consumer Affairs suggested that a claim be filed and that their questionable ethics be brought to light. I believe what come around goes around and with the way they have handled this situation, it shall quite definetly be coming back around to them.

I would like to add to the rebuttal from Steve - Bradenton, Florida. I'm also wondering if we're tracking the same reports. All repossession (repo) done from COAF are independent contractors. We don't have an inside repo company. I wish I had more info on your account, but I'll try to take it step by step. The Toll Bridge fee was most likely due to it being transported. It would not have been your responsibility to pay. As for the car being taken. You were delinquent & the law gives us the right to repo without notice unless you're in a state that requires a RTC [Right To Cure].

There is a law that states in the process of a repo if you come out before they have the car attached & out of your driveway - they have to leave. So I believe that he did pull a '"Hook & Took". Basically he hooked up the vehicle & pulled it off the property. That's why you heard your tires & why he was bold enough to knock on the door for the alarm. About the loud metal sound -????? Sacramento was most likely the yard base for the repo company.

For your information& other people who view this. I can order your vehicle to be repo'd & until I get the report I wont know where it is or when it was picked up. I don't know why you would have to pay $450.oo to get your things back - that doesn't sound right. There should have been no cost to retrieve personal items in the case of repo. $450 sound like the repo fee. Usually if you don't pay the money to get the unit back or if the payment history is bad enough we will send the unit to an auction. After a repo there is no law stating we have to let you bring it current & redeem except in Illinois. It mostly was transferred to an auction in Sacramento/San Francisco/Los Angeles or San Diego.

I believe it would have gone to Sacramento for sale, but I'm not sure in your case. We also don't have control over where the repo agents lost are. In Georgia we actually have agencies in the borderline states. I have literally seen an agency on the border of Georgia & Tennessee pick up a car 100 miles away. It's legal. A quick tip the legal owner of a vehicle that is finance is the finance company. The consumer is the Registered owner. The sad part is that if the sale price didn't cover the loan you will now have a deficiency balance due on the loan.

The rip off here is that I was never given notice and then when they did take the car they gave no information and/or assistance to get it back. They had already sold it!

Here's more detail -
I have been with CapitalOne Auto Financing for 4 years.

On January 4, 2006 at 4am my 1996 Infiniti was reposessed from Campbell Ca. I was alittle over two months behind and had a feeling it might happen. The rep who did the actual reposession pulled my vehicle over 5 blocks WITHOUT the tires turning and had the nerve to return and ask for the alarm remote. I didn't answer the door - after that point all I heard was sounds like someone beating the crap out of a metal object. My neighbor called the police, I went back to bed. The next two days I called Capital One to find out how to get it back and spoke with 5 representatives total - each time being told they did not have the report yet and to call back. For 4 weeks thereafter I called continued to call (2 to 3 times a day) via telephone and sent letters - and NEVER got through to a live person again - just voicemail -my 17 messages to CapitalOne Auto Finance have still gone unanswered.

Two weeks after the incident I received a Bridge Toll Violation Notice in the mail fining me $50. Finally I received the standard "Notice" that the car was taken per their request, I could not get ahold of the indicated Repo agency so I filed a complaint with the Dept. Of Consumer Affairs. Days later I was contacted by the assumed Repo agency and they had no knowledge of my cars' whereabouts.

Using the Campbell Police report I was finally able to locate the car -in Sacramento! My possessions were now going to cost $450 to get back not too mention I would have to drive 135 plus miles to get there. The agency (WAP Recovery) said they had sent the CA required notice to an address given to them by CapitalOne - I had NOT lived at for over 1 1/2 years. CapitalOne was very aware of where I lived sine they sent monthly bills. My phone number has NOT changed for over 3 years. (The repo agency has been decently working with me and had agreed to pay the toll violation.)

Per CapitalOne's notice my car was sold on Jan 30, 2006 - according to the "Notice of Taking Possession" from WAP Recovery the request was taken from the "Legal Owner" as part of the Conditional Contract of SALE covering my car. Incidentally - To this day I am STILL UNABLE to reach a person on the phone at CapitalOne Auto Finance. I did however reach their new accounts department but then was transferred and got a automated message.

You need to give us more information for us to understand exactly what the rip off was!

Were you late on your payments? If yes, how many pmts and/or how many days late.

Was this an illegal repossesssion? If yes, why?

Did they send you a notice of default?

Did you make sure they had a current and valid address and telephone # for you as per the terms in your finance contract? If not, why not?

What does the bridge toll violation have to do with anything?

Also, you are aware that the law does not require any notice of intent to repo be given to the customer, right? It only requires a mailed notice of default to the most recent address provided by the customer.

Also, the law does not require any grace period on late payments prior to repo, other that that in your finance contract.

I am having a hard time understanding exactly what the rip off is here.