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Capital One Auto Finance / fraud

1 2339 Calle ReinaSanta Fe, NM, United States Review updated:
Contact information:
Phone: 505 819-1339

COAF refused to send Title to my new state of residence, said they lost it, so eventually I lost the car because it wasn't registered, got towed, then repossessed by COAF, who sold it at auction for much more than they reported to me when they demanded nearly $25, 000 in deficiency balance. I think they do this to a lot of people, actually, after they've already written off a big amount in bad debt, then make a bundle on it at auction (Manheim) and force consumers to pay much more than they should have to to restore their credit. I have a lawsuit against them in federal court, them and Geico, which company, in cahoots with COAF, canceled my policy without notice. I think COAF also collected from Geico for the car (it was stolen and damaged in the midst of all this).

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Comments

  • Mo
      21st of May, 2011
    -1 Votes

    Wow. Sucks to be you right now.

  • Na
      21st of May, 2011
    0 Votes

    Nope. I'm about to win a big lawsuit against both companies in federal court.

  • Mo
      21st of May, 2011
    0 Votes

    If you say so.

  • Na
      21st of May, 2011
    0 Votes

    Bad faith and unfair dealing.

  • Mo
      21st of May, 2011
    0 Votes

    Perhaps...but you say 'they lost it' referring to your registration, so eventually you lost the car. You as the owner would have bottom line responsibility for that. If you aren't getting your title, you go to the DMV and initiate a title search. I can't see you winning, but good luck.

  • Mo
      21st of May, 2011
    0 Votes

    correction...referring to your title so you were unable to register. But still fixable through some footwork and the DMV.

  • Na
      21st of May, 2011
    0 Votes

    No, COAF allegedly lost the Title and didn't send it to New Mexico as the State requested, having me turn in my South Carolina plates and get temporary for 30 days. I went to the DMV and they said that unless SC was a state that allowed a vehicle owner to apply for a lost title, COAF would have to. SC was not one of those states, so advised COAF of that and they did nothing. Wouldn't even respond. Not fixable without COAF's cooperation, but since fraud was involved in my getting the loan in the first place and I wasn't really the rich ### I was fraudulently portrayed as being, they decided to just dump me this way, repo the car and make more on it that way anyway.

  • Ch
      25th of May, 2011
    0 Votes

    I would love to start a class action lawsuit against capital one auto -- are other defrauded consumers of Capital One Auto willing to join my effort to stop them from their unfair business practices at defrauding other consumers like us?


    Burned S FL Consumer

  • Na
      25th of May, 2011
    0 Votes

    Go for it. There are clearly many others like us who have been scammed by this so-called company. I now have testimony, and will soon have documentation if the federal judge approves my sending subpoenas out of state, that they took my repossessed car and sold it at auction in what looks like at least a triple behind-the-scenes deal to make plenty then told me they made practically nothing, using the first fraudulent sale of $2, 600 on a car they say I still owe them nearly $25, 000 on. All this only because they refused to send the Title to my new state of residence. Yes, by all means, get a lawyer and initiate a class action suit. Your lawyer can look up my case in NM federal court: Nancy Lewis v. Capital One and Geico. Let me know if I can help in any way. What did they do to you anyway?

  • Na
      25th of May, 2011
    0 Votes

    Or perhaps there is a way you could join my suit to make it a class action. I'm sure this scam I've uncovered is being perpetrated against many unfortunate consumers. I'm demanding in addition to damages an audit of Capital One and Manheim auction so that people can be reimbursed, but a class action might do the same thing.

  • Na
      25th of May, 2011
    0 Votes

    I think it might be something called a mass action suit. If you get a lawyer, let me know, because I have questions about subpoenas he or she might be able to answer.

  • Ch
      26th of May, 2011
    0 Votes

    Well, to say the least I have tried to work things out with Capital One Auto for approximately one year now.
    I purchased a used vehicle from Car Max and the auto loan that was offered by them was Capital One Auto. This occurred in July, 2009. Approximately, a year or so later, I lost my high paying job and had no choice but to change my Chapter 13 to a Chapter 7 cause I could no longer continue to make my monthly repayment.

    When I drew up the Chapter 7 bankruptcy, I completed a Statement of Intention, indicating my intent not to include my auto loan in the bankruptcy. When my bankruptcy was discharged, it was approved with the car loan, not included in the debts forgiven via the Statement of Intention.

    I had called Capital One prior to the discharge and advised them that my loan was not going to be included in the bankruptcy, etc. I also provided them with a copy of the statement of intent.

    They reported to the major credit bureaus that my bankruptcy discharged the auto loan debt and that the loan was closed; and that my payments were not current.

    I have made every payment since July, 2009 on time for the full amount and have the bank records to prove it. I sent a copy of this payment record, Statement of Intent, plus my original loan paperwork (as they also listed a co-signer on my credit reports -- which was not true), but they continued with their denial of the facts. Also, since the inception of my loan, I receive each month a statement of account from them showing my remaining balance, the payment that was received, and the next due date and payment amount.

    In January of this year, I had our company attorney get involved and send all major credit bureaus plus Capital One an extensive letter with all the documentation. The credit bureaus all deleted the Capital One Loan information off of my credit report. However, Capital One never responded to my attorney's letter.

    My attorney advised that the next step was to file a civil law suit against them; unfortunately, since he estimated the cost would be more than what I could afford, I could not pursue further.

    I've written letters, called them, etc. and they refuse to correct their report to the credit bureaus. My intent is to get rid of the car, pay off the loan, and get a different car -- but I can't do so if I can't prove to other lenders that I have had a car loan for the last two years that I have always paid on time.

    Needless to say, they lack any business ethics and care whatsoever about their customers. I am desperate to resolve this issue but don't know what to do next to resolve this.

    Is there perhaps a attorney that would be willing to help all of us that have been abused by Capital One Auto?

  • Na
      26th of May, 2011
    0 Votes

    Tell your attorney to check out my case in the United States District Court for the District of New Mexico, No. 10-638 RHS/WDS, and tell him or her that I said that if they don't grab this one fast on contingency, they will be kicking themselves for the rest of their short career. My email is rilke1872@yahoo.com

  • Be
      13th of Jun, 2011
    0 Votes

    My story is Jan 2011, I was home from work, just relaxing when a tow truck came and took my car. The driver told me that I hadn't made a payment since Sept 2010. Which was a lie, I have bank statements showing otherwise and the money was taken out of my account. My attorney sent them a letter with copies of the statements, never heard back. I now have to sue them. They never notified me about the payments, or even gave me the option to pay the car off. After they stold my car every time that I called I got a different person with a different response, it was terrible.

  • Na
      23rd of Oct, 2011
    0 Votes

    Teamed up with Geico to steal my car. Geico canceled me without notice, then COAF refused to send title to my new state of residence. Sued. Lost. Whistle blowers in El Paso sent me documents showing that the car was sold with a phony title and not really sold at all, just stockpiled like a stolen car and sold later after a small amount had been deducted from my deficiency balance. Actually, I believe, and the evidence shows, that Geico paid COAF under the table for my car after it was legitimately stolen, then made it disappear with phony titles, false pick up sites, etc. I think this is what they do with the repos. Couldn't get my evidence in at trial, but the Defendants got all kinds of lies introduced as evidence. You can't beat them I guess. They also stole my U.S. Mail and invaded my email account, and the judge wouldn't let me send out a subpoena that would have proven the latter. Car thieves is what they are, aided and abetted by Manheim Auction and the State of Texas. They will repo your car at the slightest provocation because they can triple their money this way. Beware.

  • Mz
      24th of Aug, 2012
    0 Votes

    Here is the issue. A statement of intent is just that- a statement of what you intend to do. There is an action that needs to follow. That action is a reaffirmation agreement. When the Bankruptcy laws changed, it gave 2 options, reaffirm (keep out of the bk), surrender, or redeem (essentially refi). If you do not have the reaffirmation agreement signed by the customer and creditor and filed with the court, your car or whatever is part of the debts discharged in the bankruptcy. You are essentially making voluntary payments to get a title. It will not build your credit. A lot of people are mislead by this fact. I work in this industry and answer this particular question daily.

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