Complaint Review: Capital One Auto Finance - P.O. Box 93016 California

Greg must be somehow involved with this company if he sought out this thread that has been dormant for 2 years! >> Submitted: 4/8/2004 2:30:18 PM Modified: 4/8/2004 11:26:14 PM Robin Rapid City, South Dakota U.S.A. behind due to reasons beyond our control I was only two payments down and I did sign a contract as did they when they agreed to terms and following those terms. I was behind due to reasons beyond our control, not living beyond our means whatsoever. Payments were made while we were having the financial problems and we fully intended on paying the car off in full. I submitted this to let everyone know to be careful, don't trust anyone when it comes to money or your personal property. They are out for themslves. You say I won't get my car back. GOOD! They charge too much in interest charges, I have been paying on this loan for over two years. Looking at the contract it states they will notify me fifteen days prior to repossession. I received nothing. When asking them they searched and stated it was sent March 5th. Nothing was received except the March bill. Life will go on and I guess this too was a lesson trying to help others watch out for themselves. I guess I didn't explain the entire detail of the situations with Capital One Auto Finance but all just DO NOT trust, document everything. Hopefully they will have better luck than I did. Submitted: 4/12/2006 11:48:07 PM Modified: 4/12/2006 11:48:07 PM Greg Fair Oaks, California U.S.A. Repossession! I don't get it. You are 60 days past due and you don't think they'll repossess your car? You are lucky they waited that long. If you were 60 days late on rent they'd be getting you evicted. 60 days late on the electricity bill and they'll be thinking of turning off your power.

Greg must be somehow involved with this company if he sought out this thread that has been dormant for 2 years! >> Submitted: 4/8/2004 2:30:18 PM Modified: 4/8/2004 11:26:14 PM Robin Rapid City, South Dakota U.S.A. behind due to reasons beyond our control I was only two payments down and I did sign a contract as did they when they agreed to terms and following those terms. I was behind due to reasons beyond our control, not living beyond our means whatsoever. Payments were made while we were having the financial problems and we fully intended on paying the car off in full. I submitted this to let everyone know to be careful, don't trust anyone when it comes to money or your personal property. They are out for themslves. You say I won't get my car back. GOOD! They charge too much in interest charges, I have been paying on this loan for over two years. Looking at the contract it states they will notify me fifteen days prior to repossession. I received nothing. When asking them they searched and stated it was sent March 5th. Nothing was received except the March bill. Life will go on and I guess this too was a lesson trying to help others watch out for themselves. I guess I didn't explain the entire detail of the situations with Capital One Auto Finance but all just DO NOT trust, document everything. Hopefully they will have better luck than I did. Submitted: 4/12/2006 11:48:07 PM Modified: 4/12/2006 11:48:07 PM Greg Fair Oaks, California U.S.A. Repossession! I don't get it. You are 60 days past due and you don't think they'll repossess your car? You are lucky they waited that long. If you were 60 days late on rent they'd be getting you evicted. 60 days late on the electricity bill and they'll be thinking of turning off your power.

Greg must be somehow involved with this company if he sought out this thread that has been dormant for 2 years! >> Submitted: 4/8/2004 2:30:18 PM Modified: 4/8/2004 11:26:14 PM Robin Rapid City, South Dakota U.S.A. behind due to reasons beyond our control I was only two payments down and I did sign a contract as did they when they agreed to terms and following those terms. I was behind due to reasons beyond our control, not living beyond our means whatsoever. Payments were made while we were having the financial problems and we fully intended on paying the car off in full. I submitted this to let everyone know to be careful, don't trust anyone when it comes to money or your personal property. They are out for themslves. You say I won't get my car back. GOOD! They charge too much in interest charges, I have been paying on this loan for over two years. Looking at the contract it states they will notify me fifteen days prior to repossession. I received nothing. When asking them they searched and stated it was sent March 5th. Nothing was received except the March bill. Life will go on and I guess this too was a lesson trying to help others watch out for themselves. I guess I didn't explain the entire detail of the situations with Capital One Auto Finance but all just DO NOT trust, document everything. Hopefully they will have better luck than I did. Submitted: 4/12/2006 11:48:07 PM Modified: 4/12/2006 11:48:07 PM Greg Fair Oaks, California U.S.A. Repossession! I don't get it. You are 60 days past due and you don't think they'll repossess your car? You are lucky they waited that long. If you were 60 days late on rent they'd be getting you evicted. 60 days late on the electricity bill and they'll be thinking of turning off your power.

Greg must be somehow involved with this company if he sought out this thread that has been dormant for 2 years! >> Submitted: 4/8/2004 2:30:18 PM Modified: 4/8/2004 11:26:14 PM Robin Rapid City, South Dakota U.S.A. behind due to reasons beyond our control I was only two payments down and I did sign a contract as did they when they agreed to terms and following those terms. I was behind due to reasons beyond our control, not living beyond our means whatsoever. Payments were made while we were having the financial problems and we fully intended on paying the car off in full. I submitted this to let everyone know to be careful, don't trust anyone when it comes to money or your personal property. They are out for themslves. You say I won't get my car back. GOOD! They charge too much in interest charges, I have been paying on this loan for over two years. Looking at the contract it states they will notify me fifteen days prior to repossession. I received nothing. When asking them they searched and stated it was sent March 5th. Nothing was received except the March bill. Life will go on and I guess this too was a lesson trying to help others watch out for themselves. I guess I didn't explain the entire detail of the situations with Capital One Auto Finance but all just DO NOT trust, document everything. Hopefully they will have better luck than I did. Submitted: 4/12/2006 11:48:07 PM Modified: 4/12/2006 11:48:07 PM Greg Fair Oaks, California U.S.A. Repossession! I don't get it. You are 60 days past due and you don't think they'll repossess your car? You are lucky they waited that long. If you were 60 days late on rent they'd be getting you evicted. 60 days late on the electricity bill and they'll be thinking of turning off your power.

Don't rely on child support. It is NOT guaranteed. If you hadn't, you wouldn't find yourself in this predicament. You are entitled to it, for sure, but men don't tend to like to pay it. Not man bashing, just an observation. This was not a situation beyond your control. You are living outside of your means if you have zero discretionary income.

The moment you declare when you are making the payment and they note it on your account, you and Capital One have made a verbal contract change. This means a repossession would be illegal. Go ahead and record the conversation but make sure to let them know they are being recorded. You may be able to get them to send you such notation. Be tactful when asking they do this. The point is to get some additional proof that they have noted the change on your account. As, yet another, customer of Capital One, I can attest to their overzealous collection efforts. They admit that what they do is annoying but that they are within their right to annoy consumers.This is related to the repossession because I almost believe this is something they desire. What rational person is going to put up with non-stop phone calls even when a plan of payment has been verbalized? Capital One would have you believe that this tactic is helpful. Well, that is only as true as the people who have the money to pay their car payment. And, if people had the money to pay their car payment, it wouldnt take annoying phone calls to get them to pay. Therefore, I am not surprised that people become so sick of Capital One that they lower priority of their car payment if just to get the nags off their back with a repo. Capital One purposely makes their accountholders miserable. They seem to have a department dedicated to achieving this selfishness. And to the "well, pay your bills!" people, what makes you think you can glide through life unscathed? Crap happens and if you think it's about being a slacker, then you are not paying attention to the headlines. People get laid off regularly. It's something out of our control. It is ignorant to assume that lack of payment means irresponsibility. Go on with your bad self and your guaranteed stream of income. We'll continue to have a rational sense of vulnerability in a country bent on profit at all costs.

I have read this thread and would like to share exactly how this process works as I have personal experience in all areas of finance. I will not speak on the emotional end of being in defualt/collections. I am in the industry and think people should be aware of "common policy" in auto finance/lending. Rule #1) Make your payments on time, every time. You agreed to this and are borrowing funds from another. Would you borrow money from a loved one and then insult them? If so, find other means to purchase goods with borrowed funds. Rule #2) If you choose not to pay on time, expect the collections process and calls to begin somewhere between 10 days past due to 20, this all depends on your lenders policy and frankly, how busy they are (if the CSR/collections area is slow they may start calling accounts with less days past due). It is legal to call 1 day past due, you made that commitment. This is the best time to explain the circumstances to your lender, once you are in hard collections it is much more difficult... Rule #3) If you would like to be relieved of your asset quickly you have options. You can ask for a voluntary surrender (you give back the collateral), You can "disappear" and be unable to contact, or you can be violent/rude/combative/abusive. These are all fantastic ways to lose your auto in a fast, effective manner (and have no option to get it back). It may feel good to vent to the person on the phone, but they didn't get you into arrears. Rule #4) Go 2 months or more without payment, expect the Repo. This is certainly true for those that disappear. Once a Repo agent assigns a unit to be repo'd, a whole new processes starts. At this point your credit has certainly been affected, in a severe fashion. New Process= Repo will assign your asset to be possessed. The Repo/Tow company, The Reinstatement group (your lender) and the auction group (also at the lender) are all in a race to get the unit liquidated as soon as possible OR get the account current. And yes, you are responsible to pay any fees regarding the repo. They are not cheap. You may try to hide the asset, good luck with that. You may decide you want the unit back. At this point, you will need to get the account current with the lender PLUS any repo, late and impound fees accrued. You will also have to go to the storage location, regardless where that is. The larger the state, the further away it always seems to be. (Still, this is usually a better idea than what is next...) -OR- Let the lender sell the unit at auction, expect very little to come off of the principal. Cars are always a very poor investment and auctioned cars highlight this fact. Keep in mind the difference between the amount you owe and the amount the car sells for is your responsibility. At this point the lending institution will call you (yes, you are still in collections) for whatever is still owed, or they will seek legal means of compensation. Unlike teeth, ignoring this will not make it go away. There are other considerations that could be mentioned including any Co-borrowers (always the last to know how behind the account is), filing BK, and the rare oddities like the debtor is in prison (yes, you must still make the payments. See voluntary surrender). But this is a typical scenario of what to expect from any finance lender.

I have read this thread and would like to share exactly how this process works as I have personal experience in all areas of finance. I will not speak on the emotional end of being in defualt/collections. I am in the industry and think people should be aware of "common policy" in auto finance/lending. Rule #1) Make your payments on time, every time. You agreed to this and are borrowing funds from another. Would you borrow money from a loved one and then insult them? If so, find other means to purchase goods with borrowed funds. Rule #2) If you choose not to pay on time, expect the collections process and calls to begin somewhere between 10 days past due to 20, this all depends on your lenders policy and frankly, how busy they are (if the CSR/collections area is slow they may start calling accounts with less days past due). It is legal to call 1 day past due, you made that commitment. This is the best time to explain the circumstances to your lender, once you are in hard collections it is much more difficult... Rule #3) If you would like to be relieved of your asset quickly you have options. You can ask for a voluntary surrender (you give back the collateral), You can "disappear" and be unable to contact, or you can be violent/rude/combative/abusive. These are all fantastic ways to lose your auto in a fast, effective manner (and have no option to get it back). It may feel good to vent to the person on the phone, but they didn't get you into arrears. Rule #4) Go 2 months or more without payment, expect the Repo. This is certainly true for those that disappear. Once a Repo agent assigns a unit to be repo'd, a whole new processes starts. At this point your credit has certainly been affected, in a severe fashion. New Process= Repo will assign your asset to be possessed. The Repo/Tow company, The Reinstatement group (your lender) and the auction group (also at the lender) are all in a race to get the unit liquidated as soon as possible OR get the account current. And yes, you are responsible to pay any fees regarding the repo. They are not cheap. You may try to hide the asset, good luck with that. You may decide you want the unit back. At this point, you will need to get the account current with the lender PLUS any repo, late and impound fees accrued. You will also have to go to the storage location, regardless where that is. The larger the state, the further away it always seems to be. (Still, this is usually a better idea than what is next...) -OR- Let the lender sell the unit at auction, expect very little to come off of the principal. Cars are always a very poor investment and auctioned cars highlight this fact. Keep in mind the difference between the amount you owe and the amount the car sells for is your responsibility. At this point the lending institution will call you (yes, you are still in collections) for whatever is still owed, or they will seek legal means of compensation. Unlike teeth, ignoring this will not make it go away. There are other considerations that could be mentioned including any Co-borrowers (always the last to know how behind the account is), filing BK, and the rare oddities like the debtor is in prison (yes, you must still make the payments. See voluntary surrender). But this is a typical scenario of what to expect from any finance lender.

I have read this thread and would like to share exactly how this process works as I have personal experience in all areas of finance. I will not speak on the emotional end of being in defualt/collections. I am in the industry and think people should be aware of "common policy" in auto finance/lending. Rule #1) Make your payments on time, every time. You agreed to this and are borrowing funds from another. Would you borrow money from a loved one and then insult them? If so, find other means to purchase goods with borrowed funds. Rule #2) If you choose not to pay on time, expect the collections process and calls to begin somewhere between 10 days past due to 20, this all depends on your lenders policy and frankly, how busy they are (if the CSR/collections area is slow they may start calling accounts with less days past due). It is legal to call 1 day past due, you made that commitment. This is the best time to explain the circumstances to your lender, once you are in hard collections it is much more difficult... Rule #3) If you would like to be relieved of your asset quickly you have options. You can ask for a voluntary surrender (you give back the collateral), You can "disappear" and be unable to contact, or you can be violent/rude/combative/abusive. These are all fantastic ways to lose your auto in a fast, effective manner (and have no option to get it back). It may feel good to vent to the person on the phone, but they didn't get you into arrears. Rule #4) Go 2 months or more without payment, expect the Repo. This is certainly true for those that disappear. Once a Repo agent assigns a unit to be repo'd, a whole new processes starts. At this point your credit has certainly been affected, in a severe fashion. New Process= Repo will assign your asset to be possessed. The Repo/Tow company, The Reinstatement group (your lender) and the auction group (also at the lender) are all in a race to get the unit liquidated as soon as possible OR get the account current. And yes, you are responsible to pay any fees regarding the repo. They are not cheap. You may try to hide the asset, good luck with that. You may decide you want the unit back. At this point, you will need to get the account current with the lender PLUS any repo, late and impound fees accrued. You will also have to go to the storage location, regardless where that is. The larger the state, the further away it always seems to be. (Still, this is usually a better idea than what is next...) -OR- Let the lender sell the unit at auction, expect very little to come off of the principal. Cars are always a very poor investment and auctioned cars highlight this fact. Keep in mind the difference between the amount you owe and the amount the car sells for is your responsibility. At this point the lending institution will call you (yes, you are still in collections) for whatever is still owed, or they will seek legal means of compensation. Unlike teeth, ignoring this will not make it go away. There are other considerations that could be mentioned including any Co-borrowers (always the last to know how behind the account is), filing BK, and the rare oddities like the debtor is in prison (yes, you must still make the payments. See voluntary surrender). But this is a typical scenario of what to expect from any finance lender.

I have read this thread and would like to share exactly how this process works as I have personal experience in all areas of finance. I will not speak on the emotional end of being in defualt/collections. I am in the industry and think people should be aware of "common policy" in auto finance/lending. Rule #1) Make your payments on time, every time. You agreed to this and are borrowing funds from another. Would you borrow money from a loved one and then insult them? If so, find other means to purchase goods with borrowed funds. Rule #2) If you choose not to pay on time, expect the collections process and calls to begin somewhere between 10 days past due to 20, this all depends on your lenders policy and frankly, how busy they are (if the CSR/collections area is slow they may start calling accounts with less days past due). It is legal to call 1 day past due, you made that commitment. This is the best time to explain the circumstances to your lender, once you are in hard collections it is much more difficult... Rule #3) If you would like to be relieved of your asset quickly you have options. You can ask for a voluntary surrender (you give back the collateral), You can "disappear" and be unable to contact, or you can be violent/rude/combative/abusive. These are all fantastic ways to lose your auto in a fast, effective manner (and have no option to get it back). It may feel good to vent to the person on the phone, but they didn't get you into arrears. Rule #4) Go 2 months or more without payment, expect the Repo. This is certainly true for those that disappear. Once a Repo agent assigns a unit to be repo'd, a whole new processes starts. At this point your credit has certainly been affected, in a severe fashion. New Process= Repo will assign your asset to be possessed. The Repo/Tow company, The Reinstatement group (your lender) and the auction group (also at the lender) are all in a race to get the unit liquidated as soon as possible OR get the account current. And yes, you are responsible to pay any fees regarding the repo. They are not cheap. You may try to hide the asset, good luck with that. You may decide you want the unit back. At this point, you will need to get the account current with the lender PLUS any repo, late and impound fees accrued. You will also have to go to the storage location, regardless where that is. The larger the state, the further away it always seems to be. (Still, this is usually a better idea than what is next...) -OR- Let the lender sell the unit at auction, expect very little to come off of the principal. Cars are always a very poor investment and auctioned cars highlight this fact. Keep in mind the difference between the amount you owe and the amount the car sells for is your responsibility. At this point the lending institution will call you (yes, you are still in collections) for whatever is still owed, or they will seek legal means of compensation. Unlike teeth, ignoring this will not make it go away. There are other considerations that could be mentioned including any Co-borrowers (always the last to know how behind the account is), filing BK, and the rare oddities like the debtor is in prison (yes, you must still make the payments. See voluntary surrender). But this is a typical scenario of what to expect from any finance lender.

but, as other posters have said, it IS all about personal responsibility. Way too many people come on here postuiring about rip offs when they themselves are to blame. To the tornado poster: Personal responsibility. Did you not have insurance? You said a tornado ripped through your town and you had to pay for repairs -- I'm assuming for your home and car. DID YOU HAVE INSURANCE? If so, why was the event so financially devastating to you that you fell behind on your car payment? Yes, crappy things happen to good people. But the OP says that her financial crisis was out of her control. I'm sorry, but to have her paychecks eaten up for 5 months? C'mon I'm not buying it. Who knows, and I'm not judging. But we all make decisions that have consequences. I have had two capital one auto loans for 4 years. I have not had a single problem. In the event of job loss, I'll work as hard as I have to to pay my obligations. As far as anything medical, or an act of God is concerned, I have LOTS of insurance to protect myself. Personal responsibility folks.

Thank you so much for your input! I am about to lose my car due to falling behind on the payments, so I understand how these things can happen. I;ve called Capital One and told them- begged them for solutions and the ususal response was an all or nothing mentality. I owe the money, I know this, I own this responsibility and would like to make it right and will. I will probably lose my car today and I've been feeling pretty badly about it. As I was reading the statements above before I got to yours, I felt my self worth sink lower and lower -"this is truly how people view others who are in dire straits" I started to feel very small and somehow inadequite. I felt such sympathy for this woman who had such a difficult time as all the other people on here berated and judged her. Thank you for adding your thoughts here. I think Capital One has some shady tactics and should be held accountable- as I will be held accountable. You are a good person and I wish you many happy and financially overflowing years ahead. Please know that your words were appreciated. To the lady with the original posting: You are not alone, you are worth much, much more than your car and I wish you all the luck your future can bring. Peace.

For starters I have to say to all the people that are sitting on their soap boxes telling this woman to pay her bills and shut up. I hope you have unlimited income until the day you die. I hope your children are all born perfect and free of birth defects and diseases. I hope you NEVER fall on hard times. You NEVER have unexpected medical bills. You NEVER have a storm hit your house and cause catastrophic damage. You NEVER have to pay funeral costs. You NEVER become disabled and can never work again. I hope you can look yourself in the mirror and say I am immune and these things will never happen. If you say you can. you are a LIAR. Yes a car loan or an loan is an significant obligation a given and I'm sure no one intends to default on loans but s**t happens to good people - it happens to everybody. I know I'm in the same boat. I had a loan with Cap One Auto for 4 almost 5 years perfect credit and on-time repayment on the loan. Until one night in August 2006 when severe storms and tornadoes rolled through town. The neighborhood looked like a war zone. We had to pay, pay, and pay to get everything fixed. The next week the car started having problems, new breaks and tires $900 later, the rest was thankfully covered under warranty. I knew we were going to fall behind so I called before that happened and made a temporary payment arrangement, so I thought. I thought I had a verbal agreement with them. I anticipated it will take a few months to recuperate, I said by October the latest I will be back on track with payments. I held up my end of the agreement and mailed a payment every week and called to make sure this was still "OK" with them. Well I tried to call it is next to impossible to ever reach anyone at Cap One. They defaulted on the agreement by coming out and taking the car with out notice. They didn't even attempt to lie about sending a notice. Don't give me the crap about "They aren't responsible for the mail" Their bills have no problem getting to my house or the guy with the tow truck. Then treating me like a dirt bag to boot after almost 5 years of on-time payments. They have every right to "uphold their contracts" but if they ever expect people to do business with them in the future this kind of business tactic is reprehensible. They have a "reinstatement department" I was told these were the people I had to deal with to get my vehicle back. Cap One authorized my car transferred to a auction lot 300 miles away only 3 days after it was repossessed. I paid all their fees in 6 days - I was told I had 21 days to bring the account current. Now I'm starting to think this was just a dirty trick to get me to pay so they would have less to make up at auction and I am never going to get my car back. Actually looking at my notes each time I called I was told something different. I have a laywer some amount of justice will be served. I would just settle for a sincere appology. So to all you PERFECT people that never make mistakes and are I guess independently wealthy. Maybe you should find something better to do with your vast wisdom (oh BTW you all said basically the same thing so way to go originality!) than come on these chat rooms and bash people that are having extremely hard times. People get screwed by big business everyday and just needed to vent. And one last thought. If you work for Capital One maybe you should stop sticking up for your company so blatantly it's a little obvious cuz they will screw you too eventually.

I believe that people are responsible for the choices they make. If you own the debt, then pay the debt. I believe that companies are responsible for people gettting their money's worth, if not their credit's. Charge the 18% APR, but don't make them finance twice the fair market value on top of that. I don't believe that any company has the moral or legal obligation to not insist that the offending party pay his/her debt. I don't believe that people should have to face undue harrassment and scorn for anything, even unpaid debts. You shouldn't have to bully people to pay their debts if you have other remedies in tow. If you must, repossess. Hit them in their credit reports. Sue. Most creditors have more than enough vast resources to affirm their legal rights. If you must, do what you have to do to get back on your feet. If it came between my kids eating and fighting to stay on top of an already-upside-down loan purchase, my babies eat all day long, with no regets in the least. I am a former compulsive debtor who learned the hard way about how such things work, and I thank God that I am still young enough to turn things around. Work with your creditors, pay them 10 dollars if you can. Do what you can do. Whatever happens, happens. Tomorrow is another day. Get back on your feet and try to get things right with your money along the way. But don't let anyone make you feel less than a person for coming up short some times. Yes, we're irresponsible at times; we're human. But who isn't? Work with your debtors. Take what you can and give them a chance to work things out. You don't know where the hell they've been. What indiscretions lurk in your life? How did you get over? Sacrifice, yes. Hard work, yes. But don't forget, SOMEONE GAVE YOU A CHANCE TO MAKE IT RIGHT, TOO. Tell me I'm lying, and I'll tell you where your mindset comes from. If what I said doesn't make sense, I hope this makes it clear: regardless on what side you're on, the very reason why the other side won't deal with you is because they--the very people YOU NEED to rectify the issue--don't trust you, and have no faith that you will be what they need, be it a understanding and patient debtor or a paying customer. Until people take matters in their own hands and harrass or physically attack debt collectors (imagine the changes in the industry then!), you need each other. Until the industry take the bull by the horns and spend all that high-interest money on consumer education (hint, hint) or actually having the heart to tell someone NO for once (or at least the Feds enact laws to curtail abusive practices such as artificially inflating prices on subpar or mediocre goods and services because of credit), you need each other. That's how I see it. Lengthy, but succinct.

Your loan contract notwithstanding, In South Dakota your automobile can be respossessed without notice to you. For items in which a security interest is held by the lender: South Dakota Uniform Commercial Code: 57A-9-609. Secured party's rights with respect to collateral following default. (a) After default, a secured party:(1) may take possession of the collateral; and(2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under 57A-9-610. (b) A secured party may proceed under subsection (a):(1) pursuant to judicial process; or(2) without judicial process, if it proceeds without breach of the peace. As for expecting written notice they were likely required to send it per your contract. If you sue them they are going to testify that the notice was sent and likely present a copy of a letter to the court. Your response would be that you never received it. Unfortunately, this is exactly the response the court has heard in probably 99.99999% of the cases regarding this issue. As your state statute does not require this, be it true or not, it is not an affirmative defense. If they have not already done so the car will be sold at auction. The resulting price obtained will probably be less than the car's actual value. The proceeds are applied to your debt to the creditor after they pay expenses for the repossession and the auction. The remainder of the loan is still your responsibility, known as a "deficiency". Please know that this is not over by a long shot. The deficiency debt will now follow you indefinitely until paid. Capital One will likely sell it to a collection agency and you will again be hounded by phone calls and letters. This will hit your credit profile and have a major affect on obtaining credit, especially auto credit for a long time.

First Off I keep reading everyone going off saying She said she was 5 months behind and now 2 months but if you read her original report she never said that. What she said was she got behind because of not getting her child support and because she did not receive 5 months of paychecks due to a medical bill. That does not mean she was not making her payments part of that time. And the fact she would not receive any of her paycheck I agree is probably not correct. However just to let you know it is possible to get more than 25% out of your account. I have a friend that had her entire bank account emptied over a medical bill she had. She had over 1600 in the bank and went to put gas in her car and was denied. She called the bank and found out that through some kind of collection agency they taken out for this bill. Now if that is legal I don't know but it happens. I do think that if you are late on your car loan, expecially two months it is kind of ironic you blame the company that repossessed your car for repossessing your car. I mean come on we all know if you are late they can and its not just Capital One it is any auto loan center. This is what happens. I think there are some good suggestions here, call before you are late if you know you are going to be late and work something out. Stuff happens and alot of companies have hardship programs to help you out. Instead of waiting until you are getting 15 calls a day how about making one call and letting them know what is going on. You are the responsible one for your own finances and credit. But it is so easy to blame the other party.

Robin, As others have pointed out, they can reposess a vehicle without any warning whatsoever. I also can't understand your story... first you were 5 months behind on payments... then you were 2 months behind... then you say you were less than 30 days behind... so which was it? read the contract you signed... buy a magnifying glass if you can't read the fine print... you will see that they have the right to reposess even if you are 1 day late... it is at THEIR discretion... not yours. As others have also said, you should have called them when you first figured out you were having monetary problems... whether you had control over them or not is not the issue... CALL your creditor and tell them what is going on and ask them for help. they will work with you. Now, your credit is hosed for 7 to 10 years, you will still be responsible for whatever balance is left on the loan after they auction the car for bottom dollar, you will also be nailed for repo fee's, court costs, legal fees and interest on all the above... you also will no longer have that vehicle. They are also under no obligation to return any belongings in the vehicle to you... they can auction and sell those as well. and all this would have been prevented by a single phone call to your lender 5 months ago... sad

Robin, Just wanted to drop an FYI on you. Not only are you still responsible for the outstanding debt on the loan, you also owe interest, as well as the repo fee. Theyare going to sell your car at auction and deuct whatever measly amount they get from your loan and you owe the balance. Period. That's the law. The thing I don't understand on this website is everyone always seems to have an excuse as to why they haven't paid a bill in months. It never ceases to amaze me whenever someone posts about a repo or eviction or service terminated, it's NEVER their fault. I mean, you claim to have not paid your car payment for 5 months. I'm shocked it wasn't repo'd earlier as after 60 days you are in default. Were you hiding the car knowing they were coming? Why didn't you answer the phone when they called? You obviously knew it was them and yet you avoided them. Why? Most finace places would work with you, especially with medical conditions as long as there is proof. As for your entire paycheck for 5 months, that's not even legal, so I doubt the veracity of that claim. The FEDERAL limit one can take froma paycheck for ANY garnishment is 25% of disposable income.

You stated that you was 5 months behind and changed your story to 2 months.. Which was it? Second your phone calls where your warning.. If only you had answered them you could have made payment arrangements OR asked for an extension on your loan. They would take your past due payments and put them to the end of your loan to get you caught up.. I know this because I was in this situation once before.. Also a fair warning this will be on your credit report and will make it impossible for you to be able to get anything for the next 6 yrs AND dont be surprised if you get a collection notice with the amount of the car loan from a collection agency.. When that six years is almost up.. Capital one did nothing wrong. They did was is most likely stated in the contract..

Just last week, someone from Capital One called me. It wasn't hard to figure out that they out source their customer service call to some over seas location. Any way, this man could not even pronounce the make and model of my car. Then he proceeds to tell me that it would be a shame if my car was repossed with only 15 months left. Yes, I was late, yes it was my fault, but I was less and I do mean less then one month late, and to top it all, I was not even a whole payment late.

I was only two payments down and I did sign a contract as did they when they agreed to terms and following those terms. I was behind due to reasons beyond our control, not living beyond our means whatsoever. Payments were made while we were having the financial problems and we fully intended on paying the car off in full. I submitted this to let everyone know to be careful, don't trust anyone when it comes to money or your personal property. They are out for themslves. You say I won't get my car back. GOOD! They charge too much in interest charges, I have been paying on this loan for over two years. Looking at the contract it states they will notify me fifteen days prior to repossession. I received nothing. When asking them they searched and stated it was sent March 5th. Nothing was received except the March bill. Life will go on and I guess this too was a lesson trying to help others watch out for themselves. I guess I didn't explain the entire detail of the situations with Capital One Auto Finance but all just DO NOT trust, document everything. Hopefully they will have better luck than I did. Robin - Rapid City, South Dakota Firstly, I'd like to say that Greg's comments are spot on. Not paying bills for two months can get one evicted, one's car repossessed, one's utilities turned off, etc. I consider myself a compassionate person, but in order for someone to receive my compassion they have to at least take responsibility for what THEY did wrong. Capital One did nothing wrong in this instance. They sent you the repossession notice, but they have no control over the US postal service and its delivery. They had no way of knowing you didn't receive the notice -- BUT you DID know that you had missed two payments AND were in collections. Anyway, I suppose the fact that you don't want the car back is a good thing, because it didn't turn out as bad as it could have, I guess. However, I would like to make a suggestion to you and anyone else reading this: Should you fall on hard times, CALL YOUR CREDITORS IMMEDIATELY. Credit card companies, lenders, banks, utility companies, etc. It may be embarrassing but contact them BEFORE you get behind in your bills to let them know you're experiencing financial difficulties. Most creditors have hardship plans to help those out temporarily when money gets tight. But once you're past due, you usually become ineligible. Just an FYI for the future...

I don't get it. You are 60 days past due and you don't think they'll repossess your car? You are lucky they waited that long. If you were 60 days late on rent they'd be getting you evicted. 60 days late on the electricity bill and they'll be thinking of turning off your power.

I was only two payments down and I did sign a contract as did they when they agreed to terms and following those terms. I was behind due to reasons beyond our control, not living beyond our means whatsoever. Payments were made while we were having the financial problems and we fully intended on paying the car off in full. I submitted this to let everyone know to be careful, don't trust anyone when it comes to money or your personal property. They are out for themslves. You say I won't get my car back. GOOD! They charge too much in interest charges, I have been paying on this loan for over two years. Looking at the contract it states they will notify me fifteen days prior to repossession. I received nothing. When asking them they searched and stated it was sent March 5th. Nothing was received except the March bill. Life will go on and I guess this too was a lesson trying to help others watch out for themselves. I guess I didn't explain the entire detail of the situations with Capital One Auto Finance but all just DO NOT trust, document everything. Hopefully they will have better luck than I did.

Hi, Am I right to infer that by saying that you left to pick up your kids you went in some kind of vehicle? If that is true, then at least you have a way to get around. That is good because you are not going to get your car back. If anyone stole a car it was you. Sorry but the laws protect the lenders all the way. You signed a note to pay some money each month for the use of Capitol One's car until you paid all the money and interest back. Then, with the loan satisfied the car is all yours. Oh happy day. Now in your case it would seem that you could not keep up the car payments for quite some time (5 months?) That is too long, so they hired a repo company to get the car. They did. This is all pretty nasty, but not illegal. You can probably get your stuff back from the inside if it is not worth anything, otherwise the towing company will most likely dispose of it and deny it was even there and you will have a hard time proving it was. illegal So, I guess you should use this as a life lesson. Get your stuff in order and try not to live outside your means or this will happen again.