Capital One Auto Finance Is a FRAUD and Wrecked my CAR!
I have been lied to ripped off and threatened by Capital One Auto Finance then my Car got wrecked. This is AFTER I gave them $33,000.00!!
I purchased a car in 2007. It is a 2007 Nissan Altima 3.5 with leather, Bose, Navigation, Moon roof, Rear Spoiler, Power windows door locks brakes & seats, Custom 20" Chrome wheels.
I applied for and was approved for a ":Blank Check" auto loan through Capital One Auto Finance. The loan I took out on my vehicle was for $36,000. The loan was for 6 years and my payments were $733.38 per month. About a year and a few months after I purchased my car I was laid off of my job. At that time my car note was paid 3 months in advance. I was worried that I could have a problem finding a job before my car payment and other bills were due. I began to call my creditors and talk with them letting them know what had happened. One of the calls I made was to Capital One. I told them what happened and the lady said to me that I didn't have a payment due for a couple of months. I told her I know but I was worried that I might not be able to pay it ontime and wanted to know what I could do. She told me that at that time there was nothing that could be done because the payment was not due and was not late. She told me to call back when I had a payment due in a few months.
I used the couple of months up that I was ahead because I was relying on unemployment and didn't get enough money to pay everything. My bills were $4500 per month with my mortgage, car loans, child support, insurance, etc. The unemployment was only $1000 per month and I needed to figure something out.
So when the payment came due I called in and spoke to a phone rep. I asked her for a double extension so that it would give me time to find a job. She told me my credit history with them was perfect and I could get an extension however they only issue them 1 at a time and that I could call back in 6 months and ask for another one and that each account is allowed 6 extensions over the course of the loan. I said okay I paid the fee over the phone and she processed the extension.
I continued to make each payment on the car for the next 6 months. I still had not found a steady job and had to take money from my 401K and credit cards to pay bills. When the 6 months came up I called back to Capital One and asked for another extension explaining my situation and what I was told previously. The rep told me that I could not get an extension because it had not been long enough yet since the last one. I told the guy that I was told I could get up to 6 extensions and they would be available every 6 months. He told me that they had a policy change since I called in last and they no longer do extensions every 6 months. He said that the new policy states that you can only have an extension every 12 months. I argued my case telling him that it is not fair that I was told it would be done in 6 months but I was unable to get the extension at that time.
So I continued to scrape up the money doing odd jobs and using my credit cards to pay all of my bills including my car payment for another 6 months. So a year after my original extension which is about 2.5 years after I got my car loan I called in and explained everything to Capital One and asked for a 2nd extension. I paid the fee and it was granted. A couple of months later I was able to get a job at the same company I was laid off of but I had to take a 50% pay cut in order to get the job. I took the job and tried to figure out how to not only pay my bills but catch up on all of the debt I had run up trying to pay the bills for the last year and a half. for the next 9 months I struggled to pay all of my bills and loans I had taken out and I got behind on this car loan by 6 weeks. I called Capital One again and explained everything. The lady I talked to this time told me that since I was already 50% into the loan and had paid over $25,000 in payments she could apply a double extension to my account bringing the account current and this would use 4 of the 6 allowed extensions. I agreed to pay an interest payment and the fees along with the next months payment to do the extension.
So for the next 11 months I continued to pay the car payment but I was still struggling with everything. I began to slip behind again so I called back in to Capital One to see what we could do. The guy I spoke to reviewed the account. He told me that I had the car for over 4 years and had paid over $32,000 so far. He said that they have a modification program that he recommended for me. He said he thought it was better than an extension because it would lower the payments for me, reduce the interest rate and get the account current and squared away. We discussed the terms of the modification and determined that I could now afford the new payment and finish my loan. This occurred in November of 2011. He told me that I needed to check my email and sign a form and fax it back and then the modification was finished. He told me that the new amount of my payment would be reduced by $250 per month. He then told me that it would be 2 weeks to process everything and then my new payment would be due on January 3rd 2012. I hung up the phone feeling happy that I was able to get my auto loan fixed and everything would be fine.
In December 2011 I received a phone call from a collection agent of Capital One. Once I answered the phone I was transferred to a different department. The lady that answered the phone was very nasty and rude and condescending. She demanded I pay 3 car payments of $2200 immediately. I was taken back by not only her attitude but by the fact that she was calling about a late payment. I told her that I had a modification and I didn't even have a payment due for 3 weeks and it was not even a third of what she was asking. She said that was not true and continued to yell obscene words at me and demanding a large amount of money. I told her that I did not want to talk to her and I need to talk to her supervisor. She argued for quite sometime telling me no and that I needed to talk to her so after being yelled at and insulted I hung up on her.
I called Capital One back and asked for a supervisor. The guy told me that he needed to try to help me before he could transfer me. He pulled my account up and read the notes and then told me that there was a few problems with the modification I was told was already done. He said that he doesn't know why it keeps happening to customers but that this issue happens often. He said that the reps who field calls from customers who are having problems with their accounts tell customers anything just to get them off the phone. He said that the guy I spoke to was not in the department that can approve the modifications. He told me that the request was made and sent over to a different department for processing. He said that the notes in the system reflect that a lady from that department attempted to call me once to ask me a question she had during the processing of my modification application but I did not answer the phone and the request was then denied for lack of contact. I was stunned! I told the guy that I never received a message from anyone at Capital One and I was already told my modification was done and I didn't have to make a payment for a few more weeks. He said that he was sorry but that department had made that decision already and they put in the notes that I could not reapply for 30 days. He said that he could not re-forward the modification before January 6th 2012 otherwise it would be kicked out. I asked him about an extension and he said that it was not something his department could approve. I asked him what department I was routed to and he told me the REPO department!! He told me that my car was scheduled for a Repo the following day. I was absolutely stunned at what he was telling me. I told him I wanted to speak to his supervisor. The supervisor got on the phone and was a bit testy with me but he said that he " didn't feel comfortable giving me extensions because I would not have any more safety nets available to me." We went back and forth on this but to no avail. Eventually he said to me that I just need to buy enough time to get to January 6th so they could reprocess the modification. He asked me if I could make a payment right away to freeze any repo order. He said that by making a payment it would remove the account from repo status and get transferred back to the regular customer service department because at that point it would not be past due enough to warrant a repo or even be serviced by his department. He said that making 1 payment of $733.38 would get the account to January and they would be able to process everything again thus fixing my situation. So reluctantly I made the payment he was asking for even though I didn't have it because I was not expecting to have to make a payment for about 3 weeks let alone for that amount of money. I hung up the phone with the thought that after the Christmas holidays I would be calling back to Capital One to process the modification when I was again allowed to. My normal payment is due on the 3rd of each month and I was told that my account would be fine waiting until the 6th for the modification process.
Late on Sunday night January 1st 2012 at almost midnight I heard a bunch of noise from outside. I went into the garage and raised the door and saw my car lifted up in the air by an unmarked repo truck. I said to the driver who was standing behind my "car what are you doing?" He said taking this car." I said there must be some mistake my car is not up for repo. He said yes it is and continued to mess with his truck. About that time my disabled mother who lives with me came outside and started to cry and said my cane and medication is in the car. She also said at the same time as I did you can't tow the car like that you will damage the car. The driver said "Yea I know but give me the keys and I will let you get your things out of the car. At this time I had my cell phone and was trying to call Capital One to find out what was going on but they wouldn't answer the phone. (The car was parked in the drive way between another car and some bushes with only 6 inches of space between the bushes and the car and about 1.5 feet between the other car parked there and my car.) I told the driver that he was going to damage my car picking it up like that and that it could not be towed with that type of truck especially from the back and in such a tight spot. The driver told me again "I know just get the key." So I set my cell phone down on the car and said I'll be right back let me get the key.
I went inside my house up stairs to get the keys and I heard a loud screeching sound and that's when I heard my mom yelling from her bedroom looking out the window. She was saying he's taking the car and it slammed on the ground and he hit her car and the car was be dragged down the curb and down the street! I took off down stairs and outside and ran down the street and I was not fully dressed and had no shoes on. as I ran past the drive way I could see skid marks down the drive way towards her car down the curb and down the street. As the driver was speeding away he did not slow down at the corner and turned quickly dragging the car while it was in park and had the brake on and the tires were turned to the side and locked. As he took the corner one side came off his tow hitch and the car slammed down and the car hit the curb on the corner. The driver continued to drag the car for a bit more around the corner. I caught up to the driver who was out of the truck looking at the car and the damage he had caused. I ran up to the car used my remote and unlocked the car and got into it and started it and then drove it away. I was so angry this guy just lied to me telling me he would not tow the car and asked me for the keys and then when I went inside he stole it anyway and then damaged my car severely. I didn't know what to do but what I did know was that I did not want this lunatic further tearing up my car. I drove the car to a friends auto shop and left it there so he could look at it in the morning.
At this point I felt cheated and lied to and did not know what to do or who to trust. My car was now damaged with flat tires busted up rims and body damage. My moms car had also been damaged where he had hit her car with my car while he was trying to make a quick get away. I had to spend hundreds of dollars to get the car repaired enough to where it was drive-able. Now I don't have anymore money to give to Capital One in a few days for the new modification payment. For several nights I was harassed by the Repo agent. At 3am I heard a noise and went outside. I saw the repo agent with a flashlight looking in my windows to my garage. He ran back to his running truck and then pulled up directly in front of my house and laid on the horn for about a minute. The neighbors began to wake up and look outside so I ran towards the truck to confront this *** but as I approached the truck he drove off.
The next day a lady knocked on my door. I answered it and she said she wanted to find out what happened during the repo the other night. I stepped outside and began to tell her the story and show her the damage to my driveway and moms car. She asked me where the vehicle was so I told her it was in the shop. She said she was terribly sorry that everything happened that way. She said that the driver that came to my house had lied to them and told them that I threatened him with a knife and had to flee to save himself!!! She said that the company has had multiple problems with him and that he always comes back with stories and they have to go to the customers house to find out what really happened. She said that he was fired from there and was no longer working with the company. She said "let me talk with my office and figure out something and I will get back to you." She also said "We will probably be buying your car for you because of this." She told me that because of what the driver said which was a lie that they had put a danger notification on my account with capital one. She told me that she would personally remove that note and correct that when she got back to the office. I never heard from her again.
After she came to my house I then started to get harassed by other repo companies. One night at 2am I was woken up by someone kicking and banging on my front door. I jumped out of bed and ran to the door. When I opened the door there was 2 guys there and I could see a running truck parked in front of my driveway. I yelled at them "what the *** is your problem man? Its 2 O'clock in the morning. You cannot be disturbing me or the peace at this hour!" The guy said that he was sent by Capital One and was told to "knock the door" in the middle of the night. He also kept saying to me "hey I'm just trying to help you because they are filing a court case on you and the Sheriff will come and serve a warrant on you." This really angered me that they would kick and beat on my door in the middle of the night and then threaten me. So I told the guy I don't care what you say or what "they" say. I said "I'm filing for bankruptcy anyway and I am going to sue you, the other repo company that damaged my car and lied to me and, Capital One for FTC collection practice violations." He then just kept saying over and over "I'm just trying to help you." At this point I went inside very upset.
That night I felt really sick and remained ill for 2 weeks. Because I was sick and then couldn't get to work because of the situation with my car I lost my job! Now I have no choice but to really file for bankruptcy and I don't know what else I am going to do about my situation and my home. I stopped answering the phone for a few weeks upset about everything. I then received a message from my cousin who talked to her mother who has been divorced from my uncle for 25 years and has not had any contact with my family that she received a visit at her house 2000 miles away from my house from a repo agent. She said that this repo agent told her that I haven't been paying my bills and I have a car that is up for repo and Capital One is looking for me and my car! I just can't believe that they would tell people that have nothing to do with me my personal business like that.
Just 2 days ago on March 12th I received a letter from Capital One. The letter says that they are willing to accept 80% settlement on my account. It says the remaining amount will be treated as forgiven debt and will be reported to the IRS as such. It says that the offer is only valid for 10 days of the date of the letter or before date of repossession whichever is earlier. It also says that upon receipt of the above settlement, Capital One Auto Finance will report the account as settled in full to the major reporting agencies. The date of the letter is 3-5-12. So what that means is that I have just 3 days to try to figure out how to accomplish coming up with the balance they want. This is ridiculous and not fair. Additionally the letter says that the 10 day payoff balance is $21,438.91 which is NOT CORRECT AT ALL. I have run the figures and the amount that is correct is almost $6000 less than this reads!!! They are trying to screw me again! After reviewing everything I have determined that Capital One has received $33,000.00 from me already and there is only a $3,000 difference between what I paid and the Principal amount borrowed.
What capital one is trying to collect from me now is the $3,000 balance and another $18,438.91 for INTEREST!! I have spoken to my family and they are willing to help me so that I don't lose my car that I have spent $33K on. I spent the last 2 days with my grandparents trying to secure a loan. Just this afternoon we have found a credit union to give them a loan on my car so that she can buy it from me and I can get rid of Capital One Auto. The only problem is the car has a Wholesale Blue Book of only $15K. I also have to finish paying for the repairs on the car from the damage that was done from the repo guy Capital One sent. After that remaining repair bill That leaves just $14,000. I plan on calling Capital One Auto in the Morning on 3-15-12 to offer them a FAIR price as a settlement that is closer to reality an amount that is 90% of what I feel is the correct amount I owe.
The amount I want to offer is $14,000. This would pay the remaining amount I owe from the amount I borrowed of $3000 & then give them $11,000.00 for Profit from interest.
I think that $14K is a fair price for them. They had lied to me and caused me great grief and then they violated federal collection laws and then they sent a company to my house which damaged my car I have paid on for over 4 years. They aren't losing anything what so ever!
I just received tonight on 3-14-12 a new letter from Capital One Auto that says they now want $22,238 and doesn't mention a settlement and then threatens legal action on me and the 10 days is not even up! ::::SIGH::: I am so tired of them.
In the morning I will call them and discuss the situation. I will then offer them the $14K and explain how and why. If they do not agree then I will contact an attorney and the local Media and begin a case.
I will update this post with the results as soon as I can.
Please feel free to write if you have any comments or questions directly to me.
Thank you for listening and taking the time to read.
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