Capital One Consumer Loan Complaint

Capital One Consumer loan department,

Vehicle loan Problems when you are unable to pay Georgia

On - -, 2015 I contacted Capital One Auto Finance via online message. I advised them I was ill and in the process of going on - and that I wished to make arrangements to satisfy my contractual obligation to my auto loan. I advised them I could continue paying monthly once my - payments begin and asked to defer a payment or for help with an arrangement. They responded and advised me to call in and request the deferral and arrangements as well as offer to fax my medical documentation. I did as they asked, and was told that even though I am past due 1 payment, I do not qualify for any hardship plans or assistance. I have made numerous calls to Capital One asking for help with an arrangement and am constantly being told I do not qualify because I am not past due enough. I have been encouraged by Capital One Auto finance to fall further past due as I may qualify once I get more than a payment past due. It is my opinion that Capital One Auto Finance is violating my rights under the FDCPA by misleading me with different information each time I


while we have accepted late payments in the past, we did not waive our right to enforce the contract ''. It goes on to state they intend to strictly enforce the contract in the future and threatens to exercise its rights to accelerate the debt and repossess the collateral ( the car ). '' This statement is an obvious violation of FDCPA as it threatens the consumer with misleading reporting, collection tactics and consequences. Further, this letter accuses me of being in default '' when I simply past due 1 payment.