Capital One Auto Finance, Inc. (Capital One Auto Finance) is a third-party auto loan company based in Texas. Capital One Auto Finance has received consumer complaints alleging improper billing, collections and communication tactics. If you have been contacted by Capital One Auto Finance, make sure you understand your rights before taking action.
According to public information from the Texas Secretary of State website, Capital One Auto Finance was incorporated in Texas in 1987. The Better Business Bureau (BBB), does not maintain a separate profile for Capital One Auto Finance, but established a profile page for its parent company, Capital One Financial Corporation, in 1994. The BBB’s profile page for Capital One Financial Corporation lists Capital One Auto Finance as an alternate business name.
The Capital One Auto Finance website informs site visitors that it has agreements with “participating dealers” that accept “Capital One Auto Navigator prequalification” so that the dealers “can offer financing to consumers like” them. “As part of” those agreements, Capital One Auto Finance “completed a vetting process to ensure that each participating dealer matches [its] requirements.” The website provides information for car buyers about prequalification and financing auto loans using Capital One Auto Navigator, and refinancing auto loans. According to the website, Capital One Auto Navigator allows a car buyer to be prequalified, work out the details of the car purchase ahead of time online, and receive an offer to take a participating dealer.
The website informs car buyers that Capital One Auto Finance is “here to help with [their] car buying journey.” It includes a “Learning Center” that car buyers can visit “to learn about financing, loan extensions, and much more.” It provides access to articles about how car buyers can find the right car, manage their money “wisely” and get a good deal. It also has tools to search for a dealer or a car, see interest rates, calculate auto loans affordability and monthly payments, get prequalified for auto financing or refinancing, check prequalification status, and see a financing or refinancing offer. The FAQs answer a series of questions about dealers, prequalification offer details, inventory, documentation, and refinancing.
The website does not provide a lot of detailed information about its business practices or compliance policies. It does include standard, legally mandated information about information privacy and security.
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The BBB has closed 4488 complaints against Capital One Financial Corporation in the past three years, with 1804 closed in the past 12 months. It does not separately list the number of complaints about Capital One Auto Finance, but a review of the complaints available online shows that the totals include complaints against Capital One Auto Finance. Those complaints allege problems with billing, collections, customer service, and improper credit reporting. Since April 2017, the Consumer Financial Protection Bureau (CFPB) has received 164 complaints about Capital One Financial Corporation that relate to its subsidiary Capital One Auto Finance and are listed under the sub-category of “vehicle loan or lease.”Justia and Pacer list at least 8 civil cases involving Capital One Auto Finance.
Absolutely. Here are some Sample Cases against Capital One Auto Finance, Inc.
According to information on the BBB’s profile page for Capital One Auto Finance’s parent company, and information available on the CFPB website, complaints against Capital One Auto Finance include billing, collections, customer service, and improper credit reporting issues. The negative reviews about Capital One Auto Finance that appear on the BBB profile page support these allegations.
In March 2015, a complainant alleged that the lender failed correctly to process a payoff and indicated that he filed a complaint to “expose the inept, poor customer service of this company.” According to the complainant, he paid off his car loan using the same checking account he used for regular payments on the Capital One Auto Finance website by selecting the “pay off” option on the website’s “make a payment” page. A few weeks later, the company called and reported that his monthly payment was past due. When the complainant checked the website, it showed the payoff and then showed the payoff was removed. The complainant indicated that the company claimed that the bank had “refused” the payment, but the bank had no record of a withdrawal attempt. During a lengthy phone call, the complainant made the payoff again, and the company representative told him the payoff was complete and he should expect the title. Capital One Auto Finance later called the complainant again and demanded further payment.
Also in March 2015, a complainant alleged that he paid his auto loan by automatic payment twice monthly, but the company failed properly to process his second monthly payment. According to the complainant, there were sufficient funds in his account to make the payment, but the company failed to withdraw it. The company then charged him late fees and reported negatively on his credit.
Capital One Auto Finance, Inc.
Capital One Auto Finance
7933 Preston Road
Plano, TX 75024-2302
Understanding Your Debt Collection Rights
Consumers are protected from abusive debt collectors from the Fair Debt Collection Practices Act (FDCPA). By way of instance, the debt collector must identify himself or herself, who they’re working for, and what debt they’re collecting. The FDCPA claims that debt collectors can’t use any deceptive or misleading representation, like implying the debt is secured by the USA or any particular state. Additionally, they can’t use a badge or uniform to pretend they’re a government employee collecting a debt. Misrepresentation is a violation of the FDCPA and could be reported as such.
In case you’ve been a victim of a debt collector’s wrongdoing, then you can search for justice under the FDCPA. You have the right to pursue a claim against the debt collector; if you prevail, you can collect up to $1,000, plus attorney fees and court costs.
Your debt harassment checklist:
- You are receiving multiple calls per week from third party collection agencies
- You are receiving early morning or late night calls from debt collectors
- You are recieving calls at work from a debt collection agency
- Debt collectors are calling your friends, neighbors, or coworkers
- Collectors are threatening you with violence, a lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200.
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