- Report: #456242
Complaint Review: Capital One Auto Finance - Plano Texas
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Capital One Auto Finance
PO Box 260848 Plano, 75026 Texas, U.S.A.
Phone:
800-9460332
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Capital One Auto Finance Illegal Vehicle Repossession Attempt in Iowa Plano Texas
I have paid extra amounts on my vehicle loan to Capital One. I had no past due balance. In Feb 2008 I received a Right to Cure Default letter from Capital One Auto stating that I needed to cure my default in the amount of $0.00 with them.
I called Capital One questioning if I owed them any money and when it needed to be paid by. The agenton the phone told me that I have no past due balance and that I am actually paid ahead untill 06/10/2011. No payment is required before this date but if I did choose to send in payments they would just help to pay the loan off early.
I asked her to send me a statement reflecting this, and she did. I never received another statement, notice or phone call from Capital One. Mid May 2009 I get a visit from a repo guy! He wants my vehicle. I showed him proof that I am paid ahead and do not have a past due balance. I also faxed this info to the Windsor Recovery Group that they hired to locate my vehicle. I called Capital One several times to only be transfered to the Windsor Group. The Windsor Group cannot discuss payments and could only tell me I was in default for non payment.
I have made numerous attempts at contacting Capital One, The Windsor Group and the Repo agent. No one will listen and take my documents as proof.
By Iowa law they are required to provide a proper Right to Cure Default letter stating the amount to cure the default and to give me 20 days to pay this amount. I have yet to receive a statment showing that I am past due or in default of any amount. I am paid ahead on my loan until 06/10/2011.
They continue to harass me for the vehicle. I have hidden the vehicle and am seeking a lawyer.
Capital One will not discuss this situation with me until the car is recovered by the Repo agent. Which in my eyes is an illegal vehicle repossession in the state of Iowa. I also am worried about how this has messed up my credit record, and I have exhausted alot of energy and time sticking up for myself. This has been a stressfull and embarassing situation.
No rest for the wicked
Harlan, Iowa
U.S.A.
I called Capital One questioning if I owed them any money and when it needed to be paid by. The agenton the phone told me that I have no past due balance and that I am actually paid ahead untill 06/10/2011. No payment is required before this date but if I did choose to send in payments they would just help to pay the loan off early.
I asked her to send me a statement reflecting this, and she did. I never received another statement, notice or phone call from Capital One. Mid May 2009 I get a visit from a repo guy! He wants my vehicle. I showed him proof that I am paid ahead and do not have a past due balance. I also faxed this info to the Windsor Recovery Group that they hired to locate my vehicle. I called Capital One several times to only be transfered to the Windsor Group. The Windsor Group cannot discuss payments and could only tell me I was in default for non payment.
I have made numerous attempts at contacting Capital One, The Windsor Group and the Repo agent. No one will listen and take my documents as proof.
By Iowa law they are required to provide a proper Right to Cure Default letter stating the amount to cure the default and to give me 20 days to pay this amount. I have yet to receive a statment showing that I am past due or in default of any amount. I am paid ahead on my loan until 06/10/2011.
They continue to harass me for the vehicle. I have hidden the vehicle and am seeking a lawyer.
Capital One will not discuss this situation with me until the car is recovered by the Repo agent. Which in my eyes is an illegal vehicle repossession in the state of Iowa. I also am worried about how this has messed up my credit record, and I have exhausted alot of energy and time sticking up for myself. This has been a stressfull and embarassing situation.
No rest for the wicked
Harlan, Iowa
U.S.A.
3 Updates & Rebuttals
Bullthistle
Charlotte,North Carolina,
U.S.A.
Dealing with Capital One Auto and protecting your credit.
#2Consumer Suggestion
Sun, July 12, 2009
Most people need their vehicle for work so why they play with fire, to remember to send in their payment, versus an automatic debit is beyond logic. Second they should have an online account to see when their payments are posted and what a creditor is doing with that payment and see if when posted if it jives with the cancelled check, on the back when presented for payment. Normally it takes a day for checks to be processed and mail normally takes 3 days from major cities. If you cannot get anyone in Plano to speak with you that seems knowledgeable then call VA. 804-967-1000 but have all your t's crossed and i's dotted, before you call both with the online version and your banks version. Corporate counsel's office. Two para-legals in there were Leigh Anne Coverstone and Rebecca Williams.
Ajv3759
Spring Hill,Florida,
U.S.A.
The facts are clear to me
#3Consumer Comment
Wed, June 24, 2009
Contrary to the other rebuttal, I can see where you would have been due for June 10. You paid ahead in February, the June payment would have been for the May bill, which would have put you in the 3 month window. Personally, I would go to court, get a stay on their repo paperwork, then sue them for abuse of process. If you have all of the paperwork showing you are current, you should fair well in a court of law. I would check with an attorney in your state to find out if the fact that you are hiding the vehicle could be rectified at trial as a mitigated circustance. I am not an attorney, I am merely telling you what I would do in your situation. BE WELL!! AJ
Lee
Tampa,Florida,
U.S.A.
You cannot pay that far ahead.
#4UPDATE Employee
Thu, June 04, 2009
Capital one will only take up to three payments ahead of time and they will apply the rest of the money you paid to principal. I would not hide your vehicle as you can be taken to court for not surrendering what you are suppose to pay for. You should give the vehicle back and then discuss with them the issues you are having. It is usually not illegal for them to come and get your car. They can do it at three days past due if they want to. It is not your property it is theirs. I would check with them to see if it was applied to principal.
