Atlanta, Georgia
Not resolved

In April of 2008 I was in a car accident that totaled my vehicle. I HAD to get another car in order to be able to work. Due to having lost a job just 2 years prior which caused me to loose my house and get behind on EVERYTHING, my credit was bad!! I already KNEW I would have a hard time getting financed for a new vehicle. CapitalOne was the only company that would give me a loan (so, I really didn't have a choice in the matter) and I had to have my mother co-sign as well. So, with a 20+% INTEREST RATE... I signed over my life. With the interest being SO HIGH I had to sign a 6 year loan just to get the payments down under $400. Well, in the spring of 2009 my credit debt and foreclosure finally caught up with me and I was being attacked by attorneys demanding thousands of dollars that I just couldn't pay... I felt at the time that my best option was to file a Chapter 7. (I had an excess of about $250K worth of debt at that time). We decided that since my mother was the primary co-sign on the car loan to not include it in the bankruptcy because I still HAD to have a vehicle and I didn't want all that to reflect negatively on my mother. Throughout the whole process I continued to make my payments (even though my normal account was frozen and I could no longer make payments online - they considered that a "convenience" and I could not have that luxury because I filled a bankruptcy). "whatever!"

I got my discharge about 4 months after filling. Since then I've just continued to make my payments. I set it up where I can pay online through my bank. LOL

Well, recently like within the past 2 months I've been through a LOT of medical stuff. Just one thing after another. (Just hit a rough-patch... "it happens"). Well, since it's been 3 years since my discharge and I've been in perfect standing with my account I thought that MAYBE I could defer ONE payment to help me get caught up with everything that's been going on. But NOOOO... She said "No, you're account is still being held with our bankruptcy department and you can't make any modifications to your account." WTF!!!!! Um, that was 3 YEARS AGO!!! WHY IS MY ACCNT STILL ON HOLD??? And if I'm in good standing WTF can't I defer ONE payment?? I'm ABSOLUTELY FURIOUS!!! I'm really at a point where I just want to LIGHT MY CAR ON FIRE and PUSH it over a CLIFF -- between my insurance and GAP they'll take care of it and I'LL BE DONE with CAPITAL ONE and their BS!!! Oh and I STILL can't make payments online with them... (not that it matters anymore) -- but what sense does that make... at least I pay it!!! It comes out of the SAME *** ACCOUNT!!

And all of this medical stuff, it's pretty serious!!... Like, if I don't have these procedures done then I run the risk of heart-attack and stroke... so, to CAPITAL ONE: "What happens when I have a heart-attack and DIE? YOU SURE AS *** WON'T GET PAID THEN!!!"


To anyone that's reading this... sorry for the length... but DO NOT DO BUSINESS WITH THESE PEOPLE... they RIP ME OFF every month with EXTREMELY HIGH INTEREST RATES and yes, I've had a hard past -- and had to make some tough decisions -- but I shouldn't have to CONTINUE to be PUNISHED for it!! There is NO REASON in the WORLD why I shouldn't be able to defer ONE payment esp. after having made 4 YEARS worth of payments every month ON TIME!! They just want to be DOUCHE-BAGS for NO REASON!!

Product or Service Mentioned: Capital One Loan.

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First of all, if only one company was willing to finance your loan with a 20% interest rate, you probably should've gotten a either a bus pass or a cash car until you could rebuild your credit. You still had the opportunity to walk away if you didn't like the terms of the contract.

Second, the terms change completely once you file bankruptcy. If you never reaffirmed the car loan debt after the original contract was effectively rendered null and void due to you filing Chapter 7, then the finance company is under no obligation to make any concessions for you. They've already been tied up from doing any kind of collection activity on the account. Bankruptcy laws prevent them from even sending you monthly statements.

Finally, your bankruptcy discharge means nothing to your creditors. If you failed to reaffirm the debt, then your car loan was, in fact, included in the bankruptcy. So keep your payments up to date and out of impound until pay off the loan because the company still holds lienholder rights on the vehicle.


I filed for bankruptcy due to a civil suit for a car accident that happened over a year ago. I was working with Capital One's underwriter on a reaffirmation agreement.

Until the bankruptcy, my account was in good standing, never had an issue, had no complaints. I was only filing because the lawsuit was asking for over half of what I make in a year. I never had issues with making payments for any of my normal bills like my car, rent, credit cards, etc. I actually was rebuilding my credit from some struggles I had about 4 years ago.

I took it from a 500 to a 650 over the course of just about 3 months because I was so punctual and diligent with all of my debts. I had no idea a lawsuit was coming, but it left me with no choice. Naturally, I wanted to keep my car so I could maintain at least one good standing account to rebuild my credit once again after the bankruptcy. When I received the reaffirmation agreement, the bankruptcy was not quite completed.

To make matters worse, I filled out the paperwork, returned it to the underwriter via email and several times she returned it saying I missed something on one page that didn't apply to me (unmarried, no dependents, no alimony, no child support). Time and time again, I returned it stating the page she referenced in the email was filled out correctly as none of the items on that page applied to me and I clearly marked them "N/A". After exchanging several emails with her, I finally got a "oops" reply stating that was not the page she was referring to. This whole ordeal transpired over the course of about a month and a half.

By then, the date on the paperwork had come and gone. It was December by the time we had it sorted out, but when I signed the documents I clearly marked that the date neded to be discussed further. So I waited, and waited, never received a reply. My online access was never restored, I never received a letter, an email, a phone call, nothing stating everything was ready to resume as normal again until last night.

The letter was a collection notice asking for the back log of payments. Needless to say, I have the whole nightmare documented and was ready to talk to them a get it sorted out today.

I couldn't however, because the phone system doesn't recognize my account number, or my social, and doesn't route me to representative. I stayed in touch with them, made it clear I still had questions and wasn't clear on everything and I was ignored by Ascension Capital Group and Capital One for over a month.


Wow blaming a loan company for YOU letting your credit get so bad thats why you have to pay such a high interest rate. They do NOT have to defer a payment so get over it and move on try and straighten up your life and improve your credit.



we no u work 4 captal one. However u don't have to hate on someone that has fallen on hard times financially, but more important has medical problems on top of everything that going on. All u have done is just confirmed what a terrible company Capital One Auto Finance is and that they employ horrible, heartless, ignorent, lazy people like NCKy32.


Deferring a payment wouldn't have helped you. I had this done.

You go through something like a loan application process, make a bunch of agreements to terms and at the end for me..."They'll will be $300 due immediately" to get one month of payments added to my total loan. The actual payment was $348. They sent more pre-approved loan checks while my account was late. Late fees on my payments?

I'll never know what they were. The wouldn't disclose anything. All I could see was that my loan would not be paid off until 2024 based on how much payments were taking off the loan.

These legalized criminals took billions in bailout money that plainly stated they didn't need, but could use to boost their profits. They did absolutely nothing to help the taxpayers or the economy, and I'm petitioning they give not only all the taxpayers money back, but all the profit they made purely at our expense.