Capital One Auto Finance ripoff liars, broke the law, repossed truck charged more paid and they sent to auction personal belongings stolen Plano Texas
My vehicle was reposessed 2-27-04 and was taken to Greenwood Recovery. Received a certified letter from Capital One Auto stating that the truck would be held at Greenwood til 3-13-04 and the amount of money due was $2485.71.
I called Mr. Zane and he said if I wanted my truck that I had to Western Union him $2943.54 and then he said he would fax over and call Greenwood to release my truck. This was on 3-8-04, I sent over the money and he called me back and said he had some bad news.
He said that they had sent the truck to the auction house by mistake, I asked where it was and his reply was here is the phone number but the rest is your problem.
I could not find my truck until 4-7-04 and when I did I had to pay $280.00 and the truck is totally destroyed and it had no tags.
I had to drive home for an hour with no tags, I stopped by Greenwood to see if they had my tags and to find out why they sent my truck to the auction house on 3-8-04 when they were to hold it til 3-13-04. They then gave me a letter showing where Mr. Zane had authorized the release for tow to the auction house on 3-2-04.
He lied to me the whole time and had the nerve to start calling me on 3-20-04 to see where the payment for March was.I need a new truck, this one is junked and I had to pay another $280.00 at the auction house and had to pay $70.00 for new tags.
My truck looks like it has been in an accident and all of my sons personal belongings and mine were all stolen from my truck.
I have proof of everything, I have all paperwork showing that Capital One lied and they also broke the law,when your vehicle gets reposessed you are to have 15 days to get it back. He took it on 2-27 and he sent it to be auctioned on 3-2-04 and then lied to me on 3-8-04 so that I would pay him and then I had to send him $455.18 extra money for no reason.
He also broke the law when he did that because I have the certified letter stating thai I only had to pay $2485.36 and he charged me $2943.54.
I also had to pay insurance on the truck even though he had it at the auction house, the one that he doesn't know where it is at for 2 months.
I think I am entitled to a new truck every year for life and also should be reimbursed all of the extra money I had to put out.
I would also like to file a very large lawsuit against Capital One Auto for all of the stress they have caused me , my son and my ninety year old grandmother.
We all had to freeze waiting on taxis and we missed alot of the things we were going to do with her, the walking and waiting in the cold has taken its toll on her. She now has pneumonia and we discovered that she has had it for awhile and I believe its from having no transportation, waiting in the cold for cabs so she make her doctors appts.
I just pray that she gets better we still have alot of things to do together that we missed out on for a few months, when Capital One took my vehicle and kept it even after I paid them it was still missing for 2 months.I have also had several panic attacks over this and I also have asthma which was not good for me being without my truck and waiting in the cold or walking in the cold so that I could put food on my table.
Lisa
Baltimore, Maryland
U.S.A.
2 Updates & Rebuttals
Christine
The High Desert,Arizona,
U.S.A.
Yup. Tim is NOT qualified to give advice
#3Consumer Suggestion
Fri, June 25, 2004
So, what's the point of posting it? I guess you're employed by the Capital One damage control department.
Lisa, of course they have broken the law. If you'd like to see how someone got a $1.5 million dollar verdict AND collected from Trans Union in 2003 for deleting an account a few days late from the credit report, check out the scanned filings at [DELETED]
That buys a few trucks. And as always, there's more to the story. But amazingly, the jury based the verdict on only ONE claim, the deletion of an account a few days late.
It's not easy to get those verdicts and it depends on your documentation and how good your lawyer is. Finding a competent lawyer is the tough part, try NACA.net, and get some opinions from lawyers in your state (it's state law.)
I wouldn't settle for less than $50K - to me, after the attorney got paid. If you can document your grandmother's health problems, maybe a lot more. I hope she is better now.
Tim
Valparaiso,Indiana,
U.S.A.
Your legal claims are a little too far-reaching
#3Consumer Comment
Tue, May 18, 2004
The staments below should not be construed as competent legal advice.
Right off the bat we can dismiss your "new car every year for life" and "very large lawsuit" against Capital One. What you have here is a contract issue, not an injury ("Tort") issue. As far as the law is concerned, your losses are purely economic, and the most you are entitled to is compensation for those losses (which do NOT include any hardships you may have faced as an indirect result of this fiasco). Even if you did have a case in tort the acts of Capital One would have to be intentional, rather than merely negligent, for you to recover anything beyond your actual losses. Foreseeable damages are recoverable in negligence actions, but I highly doubt that any of your extraneous issues would fall within that category. The long and short of it is that if you are entitled to anything it is the actual money that you are out (including damage to the vehicle).
I am neither entiltled nor qualified to make legal guaruntees, but I will all but guaruntee you that you will never, ever, see any compensation for the physical and emotional harms you claim to have suffered because of this situation.
You throw around the phrase "broke the law" quite a bit. If you were to hire a lawyer in this matter I think that you would find that "against the law" is much less cut-and-dry than you think. Don't ever assume that what your friends tell you, or what you find out online, is an accurate statement of the law. The law is vastly complex and extremely misunderstood.
For example, the fifteen day redemption period may start to run when your car becomes eligible for repossession, as opposed to when it is physically repossessed. That statement is purely hypothetical, but shows how what seems to be a simple rule of law can actually be quite complex. No layman should assume that he or she knows what the law is based on nothing more than word of mouth or internet research.
All in all, you may have a good case, but it will probably be limited to your direct economic damages. You may wish to consult an attorney, but I wouldn't get your hopes up too high.