cancel
Showing results for 
Search instead for 
Did you mean: 

Capital one Auto mess that I need to fix

tag
Binner
Valued Member

Capital one Auto mess that I need to fix

Hello, 

I'll start with some general info. Ive had some uphills and downhills with my credit in the past. Ive been down to the 350's and today sit around 650 and working hard to get to 700, but I think there's something that needs taking care of to do so AND for peace of mind.

In 2016 I bought a used car (CAR 1) and captial one financed, with whom I already had checking and a low limit CC. Of course I f**ked it up, and stopped paying it. I expected them to come and repo it, but they never did. There was still at least 20grand left to pay. I had put down 10 grand mostly from insurance on my last car (accident

I got some emails to settle from them for $4,500. I havent responded.

 

SO NOW it's 2024, the car in quesion has 310,000 miles but it runs. A dealer said it was worth $500. I decided to see if I could get another car.(CAR 2) My work depends on me getting places. So I get a $40,000 car, put down $4000 - and through the dealer it's being financed BY CAPITAL ONE. I ask the dealer did they mention the other car? He said no, He also said no one else would finance me because of the other car - but my score and finances were good.He admitted being as confused as I was

The origional car now sits in my driveway waiting to be repo'd. It still hasn't happened. I would like to figure out whats best for me to do and hopefully improve me credit score in the process - even if I have to take an an initial hit.

 

Should I:

Figure out a way to pay the $4500 settlement even though the new car eats alot of my possible savings towards the money? Then I'll take a tax hit I would Imagine.

Tell them it's waiting for them to pick up, get a repo on my credit report and take a HUGE tax hit.

Something else? 

 

Time Since Most Recent Late Payment - 5 years 9 months - so Ive been paying everything except CAR 1    
 

HELP!

 

Message 1 of 14
13 REPLIES 13
pizzadude
Credit Mentor

Re: Capital one Auto mess that I need to fix

What does your old car loan look like on your credit reports ?   It shows as closed and charged off from 5 years ago ?    Also what interest rate / terms did you end up with on your new car ?

 

I'm assuming you don't have the title to your old car so you can't really do anything with it, correct ?    They're not going to come and repo the car at this point even if you called, as it would cost them much more than the value of the car to deal with it. 

 

Are you negotiating with Cap1 or a collection agency to settle on your old car ? 

 

 

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 2 of 14
Binner
Valued Member

Re: Capital one Auto mess that I need to fix

What does your old car loan look like on your credit reports ?  A couple of months ago it was listed as "bad debt/charge off/Unpaid balance reported as a loss". The past 2 months it's not mentioned. The new one is.

It shows as closed and charged off from 5 years ago ?    The  past 2 months it does.

Also what interest rate / terms did you end up with on your new car ?  14.53%. I'm hoping to refinance once rates come down and this problem with car 1 is resolved.

 

I'm assuming you don't have the title to your old car so you can't really do anything with it, correct ?    They're not going to come and repo the car at this point even if you called, as it would cost them much more than the value of the car to deal with it. No title. How can I deal with it besides paying what they ask? Is that the only option?

 

Are you negotiating with Cap1 or a collection agency to settle on your old car ?  I'm not negotiating in fear of starting the process all over again on my credit report. It is nearing 7 years if all else fails. They have sent emails they'll accept $4500. I also have a fear of having to pay capital gains tax once its settled. it"ll be a big hit.

 

Thanks for your input!

Message 3 of 14
IsambardPrince
Frequent Contributor

Re: Capital one Auto mess that I need to fix


@Binner wrote:

What does your old car loan look like on your credit reports ?  A couple of months ago it was listed as "bad debt/charge off/Unpaid balance reported as a loss". The past 2 months it's not mentioned. The new one is.

It shows as closed and charged off from 5 years ago ?    The  past 2 months it does.

Also what interest rate / terms did you end up with on your new car ?  14.53%. I'm hoping to refinance once rates come down and this problem with car 1 is resolved.

 

I'm assuming you don't have the title to your old car so you can't really do anything with it, correct ?    They're not going to come and repo the car at this point even if you called, as it would cost them much more than the value of the car to deal with it. No title. How can I deal with it besides paying what they ask? Is that the only option?

 

Are you negotiating with Cap1 or a collection agency to settle on your old car ?  I'm not negotiating in fear of starting the process all over again on my credit report. It is nearing 7 years if all else fails. They have sent emails they'll accept $4500. I also have a fear of having to pay capital gains tax once its settled. it"ll be a big hit.

 

Thanks for your input!


 

What do you mean Capital Gains tax? You only pay that if you acquired an asset for less than you dispose of one for, and that's very unusual, almost unheard of with a car. It happens to rare collectables, and for a while it was happening during COVID. Cars depreciate like crazy, and you probably bought this thing from a dealership.

 

Do you mean a 1099-C?

Message 4 of 14
Binner
Valued Member

Re: Capital one Auto mess that I need to fix

What do you mean Capital Gains tax? You only pay that if you acquired an asset for less than you dispose of one for, and that's very unusual, almost unheard of with a car. It happens to rare collectables, and for a while it was happening during COVID. Cars depreciate like crazy, and you probably bought this thing from a dealership.

 

Do you mean a 1099-C?

 

"If we forgive $600 or more of the principal on a debt you owe, we’ll be required to send you a 1099‑C form" - Yes a 1099-C

Message 5 of 14
IsambardPrince
Frequent Contributor

Re: Capital one Auto mess that I need to fix


@Binner wrote:

What do you mean Capital Gains tax? You only pay that if you acquired an asset for less than you dispose of one for, and that's very unusual, almost unheard of with a car. It happens to rare collectables, and for a while it was happening during COVID. Cars depreciate like crazy, and you probably bought this thing from a dealership.

 

Do you mean a 1099-C?

 

"If we forgive $600 or more of the principal on a debt you owe, we’ll be required to send you a 1099‑C form" - Yes a 1099-C


Yeah, that would just be regular income tax. It kind of sucks because you certainly didn't gain anything here, but they'd definitely send you one in the amount of the difference.

 

I don't know what to do about a car. The "leave it on the bank parking lot" answer I got from an attorney covers cars discharged in bankruptcy.''

 

I ended up abandoning my car at a Kia dealership before I filed bankruptcy because I couldn't get them to repossess it. They said that if I told them where it was, they'd tell my ex because he was on the loan, and that made it too dangerous to get rid of the car that way, so they charged repo and storage fees, which my ex ended up having to pay when he redeemed it, but shortly after I filed bankruptcy and shoved the car loan and everything in it. 

 

The reason it worked I think is because I financed it through KIA Finance and so the dealership just told them where their car was.

Message 6 of 14
IsambardPrince
Frequent Contributor

Re: Capital one Auto mess that I need to fix

Also, I'll put this out there.

 

If I ever buy a car again and need a loan to cover part of it, I may just use a personal loan. The extra point or two of interest wouldn't make any real difference with the amount we'd be talking about. I'm not going to have an encumbered asset again. Oh my God.

Message 7 of 14
pizzadude
Credit Mentor

Re: Capital one Auto mess that I need to fix


@Binner wrote:

What do you mean Capital Gains tax? You only pay that if you acquired an asset for less than you dispose of one for, and that's very unusual, almost unheard of with a car. It happens to rare collectables, and for a while it was happening during COVID. Cars depreciate like crazy, and you probably bought this thing from a dealership.

 

Do you mean a 1099-C?

 

"If we forgive $600 or more of the principal on a debt you owe, we’ll be required to send you a 1099‑C form" - Yes a 1099-C


Yes any forgiven debt would generate a 1099-C, on which you'd owe taxes, so factor that into your calculations around what you can afford.

 

Also you should look up the SOL for written contracts in your state to know where you stand in the event they decide to sue you for the debt if you decide not to make arrangements. 

March2010 FICO® ~ 695 TU, 653 EQ, 697 EX
Message 8 of 14
IsambardPrince
Frequent Contributor

Re: Capital one Auto mess that I need to fix


@pizzadude wrote:

@Binner wrote:

What do you mean Capital Gains tax? You only pay that if you acquired an asset for less than you dispose of one for, and that's very unusual, almost unheard of with a car. It happens to rare collectables, and for a while it was happening during COVID. Cars depreciate like crazy, and you probably bought this thing from a dealership.

 

Do you mean a 1099-C?

 

"If we forgive $600 or more of the principal on a debt you owe, we’ll be required to send you a 1099‑C form" - Yes a 1099-C


Yes any forgiven debt would generate a 1099-C, on which you'd owe taxes, so factor that into your calculations around what you can afford.

 

Also you should look up the SOL for written contracts in your state to know where you stand in the event they decide to sue you for the debt if you decide not to make arrangements. 


If he settles it and they forgive most of the debt, don't they have to take the lien off the title because he no longer owes them money?

 

At least he could do something with the car then.

 

If he even got $1,000 for the car, that could easily cover the tax bill from the 1099-C and maybe with some to spare.

Message 9 of 14
FicoMike0
Valued Contributor

Re: Capital one Auto mess that I need to fix

You could sell it for parts. Maybe get a torch and make some kind of art from the leftovers.

Message 10 of 14
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.