EX-99.1 2 d866010dex991.htm EX-99.1 EX-99.1

Exhibit 99.1

Capital One Prime Auto Receivables Trust 2020-1

Asset-Backed Notes

Sample Receivable Agreed-Upon Procedures

Report To:

Capital One Auto Receivables, LLC

Capital One, National Association

31 January 2020

 

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Ernst & Young LLP

5 Times Square

New York, NY 10036-6530

  

Tel: +1 212 773 3000

Fax: +1 212 773 6350

ey.com

Report of Independent Accountants on Applying Agreed-Upon Procedures

Capital One Auto Receivables, LLC

1600 Capital One Drive, Room 27907B

McLean, Virginia 22102

Capital One, National Association

1680 Capital One Drive

McLean, Virginia 22102

Re:   Capital One Prime Auto Receivables Trust 2020-1 (the “Issuing Entity”)

Asset-Backed Notes (the “Notes”)

Sample Receivable Agreed-Upon Procedures

We have performed the procedures enumerated in Attachment A, which were agreed to by Capital One Auto Receivables, LLC (the “Depositor”), Capital One, National Association (the “Sponsor”), RBC Capital Markets, LLC (“RBC”), BofA Securities, Inc. (“BofA”) and Wells Fargo Securities, LLC (“Wells Fargo,” together with the Depositor, Sponsor, RBC and BofA, the “Specified Parties”), solely to assist the Specified Parties in evaluating certain information relating to a pool of motor vehicle retail installment sale contracts secured by new and used automobiles, SUVs, light-duty trucks and vans (the “Receivables”) relating to the Issuing Entity’s securitization transaction. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the Specified Parties. Consequently, we make no representation regarding the sufficiency of the procedures described in Attachment A, either for the purpose for which this report has been requested or for any other purpose.

The procedures performed and our associated findings are included in Attachment A.


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For the purpose of the procedures described in this report, the Sponsor, on behalf of the Depositor, provided us with:

 

a.

Electronic data files:

 

  i.

Labeled “COPAR 2020-1 Eligible Loan Ids (for EY 200116).xlsx” and the corresponding record layout and decode information, as applicable (the “Receivable Listing File”), that the Sponsor, on behalf of the Depositor, indicated contains a list of loan IDs (each, a “Loan ID”) that correspond to certain motor vehicle retail installment sale contracts secured by new and used automobiles, SUVs, light-duty trucks and vans (the “Preliminary Receivables”) that are expected to be representative of the Receivables and

 

  ii.

Labeled “EY Loans_COPAR 2020-1_Dec31 2019 Data Tape (to send).xlsx” and the corresponding record layout and decode information, as applicable (the “Sample Data File”), that the Sponsor, on behalf of the Depositor, indicated contains information relating to the Sample Receivables (as defined in Attachment A) as of 31 December 2019 (the “Preliminary Cut-off Date”),

 

b.

Imaged copies of:

 

  i.

The retail installment sale contract or other related documents (collectively and as applicable, the “Contract”),

 

  ii.

Certain printed screen shots and account summary information from the Sponsor’s loan servicing system (collectively, the “System Screen Shots”) and

 

  iii.

The vehicle invoice or other related documents (collectively and as applicable, the “Invoice,” together with the Contract and System Screen Shots, the “Source Documents”)

that the Sponsor, on behalf of the Depositor, indicated relate to each Sample Receivable, as applicable,

 

c.

A schedule (the “Obligor Credit Score Methodology”) that the Sponsor, on behalf of the Depositor, indicated contains information, assumptions and methodologies relating to the comparison or recalculation, as applicable, of the obligor credit score Sample Characteristic (as defined herein) for certain Sample Receivables,

 

d.

The list of relevant characteristics (the “Sample Characteristics”) on the Sample Data File, which is shown on Exhibit 1 to Attachment A, and

 

e.

Instructions, assumptions and methodologies, which are described in Attachment A.


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The procedures included in Attachment A were limited to comparing, observing or recalculating certain information that is further described in Attachment A. The Depositor is responsible for the Receivable Listing File, Sample Data File, Source Documents, Obligor Credit Score Methodology, Sample Characteristics and the determination of the instructions, assumptions and methodologies that are described herein. We were not requested to perform and we have not performed any procedures other than those listed in Attachment A. We have not verified, and we make no representation as to, the accuracy, completeness or reasonableness of the Receivable Listing File, Source Documents, Obligor Credit Score Methodology or any other information provided to us by the Sponsor, on behalf of the Depositor, upon which we relied in forming our findings. Accordingly, we make no representation and express no opinion or conclusion as to (a) the existence of the Preliminary Receivables or Receivables (b) questions of legal or tax interpretation and (c) the accuracy, completeness or reasonableness of any instructions, assumptions and methodologies provided to us by the Sponsor, on behalf of the Depositor, that are described in this report. We undertake no responsibility to update this report for events and circumstances occurring after the date hereof.

We were not engaged to, and did not, conduct an examination to express an opinion or a review to express a conclusion in accordance with attestation standards established by the American Institute of Certified Public Accountants on any of the items referred to herein. Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

The agreed-upon procedures described in this report were not performed for the purpose of:

 

a.

Satisfying any criteria for due diligence published by a nationally recognized statistical rating organization (a “rating agency”) or

 

b.

Making any findings with respect to:

 

  i.

Whether the origination of the Receivables conformed to, or deviated from, stated underwriting or credit extension guidelines, standards, criteria, or other requirements,

 

  ii.

The value of the collateral securing the Receivables,

 

  iii.

Whether the originator(s) of the Receivables complied with federal, state or local laws or regulations or

 

  iv.

Any other factor or characteristic of the Receivables that would be material to the likelihood that the issuer of the Notes will pay interest and principal in accordance with applicable terms and conditions.

This report is intended solely for the use of the Specified Parties and is not intended to be and should not be used by anyone other than the Specified Parties. It is not intended to be and should not be used by any other person or entity, including investors and rating agencies, who are not identified in the report as Specified Parties but who may have access to this report as required by law or regulation.

/s/ Ernst & Young LLP

31 January 2020


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   Attachment A

Procedures performed and our associated findings

 

1.

As instructed by the Sponsor, on behalf of the Depositor, we randomly selected a sample of 125 Preliminary Receivables from the Receivable Listing File (the “Sample Receivables”). For the purpose of this procedure, the Sponsor, on behalf of the Depositor, did not inform us as to the basis for how they determined the number of Sample Receivables or the methodology they instructed us to use to select the Sample Receivables from the Receivable Listing File.

For the purpose of the procedures described in this report, the 125 Sample Receivables are referred to as Sample Receivable Numbers 1 through 125.

 

2.

For each Sample Receivable, we:

 

  a.

Compared the Sample Characteristics listed on Exhibit 1 to Attachment A, as shown on the Sample Data File, to the corresponding information located on, or to the corresponding information we recalculated using information located on, the Source Documents, subject to the instructions, assumptions and methodologies provided by the Sponsor, on behalf of the Depositor, described in the notes to Exhibit 1 to Attachment A. The Source Document(s) that we were instructed by the Sponsor, on behalf of the Depositor, to use for each Sample Characteristic are shown on Exhibit 1 to Attachment A. Except for the information shown on Exhibit 2 to Attachment A, all such compared information was in agreement.

 

  b.

Observed that the corresponding Contract contained a signature in the buyer signature section of such Contract. We performed no procedures to determine the validity of the signature contained in the buyer signature section of such Contract.


Exhibit 1 to Attachment A

Page 1 of 4

 

Sample Characteristics and Source Documents

 

Sample Characteristic

  

Sample Data File Field Name

  

Source Document(s)

   Note(s)
Loan account number    LOAN_ACCT_NUM    System Screen Shots    i.
Funding date    FUNDING_DATE    System Screen Shots   
Original loan amount    ORIG_BAL    Contract    ii.
Original first payment date    FIRST_PAY_DATE    Contract   
Original loan term    ORIGINAL_TERM    Contract, System Screen Shots and recalculation    iii.
Current maturity date    CURRENT_MATURITY_DATE    System Screen Shots   
Original interest rate    ORIGINAL_APR    Contract   
Vehicle manufacturer    MAKE    Contract    iv.
Vehicle model    MODEL    Contract    iv.
Vehicle year    VEH_YEAR    Contract   
New or used    NEW_USED    Contract    v.
Vehicle value    VEHICLE_VALUE   

(a)   Contact, System Screen Shots and Invoice,

 

(b)   System Screen Shots or

 

(c)   Contract and System Screen Shots

   vi., vii.
Obligor credit score    FICO   

(a)   System Screen Shots or

 

(b)   System Screen Shots and recalculation

   viii.
Geographic location of obligor    STATE    System Screen Shots   
Remaining term to maturity    REMAINING_TERM    System Screen Shots and recalculation    ix.
Reporting period interest rate    CURRENT_PERIOD_RATE    System Screen Shots   
Reporting period ending actual balance    CURRENT_BAL    System Screen Shots   

Notes:

i.

For identification purposes only.


Exhibit 1 to Attachment A

Page 2 of 4

 

Notes: (continued)

 

ii.

For the purpose of comparing the original loan amount Sample Characteristic for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to ignore differences of +/- $0.05 or less.

 

iii.

For the purpose of comparing the original loan term Sample Characteristic for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to recalculate the original loan term by:

 

  a.

Calculating the original maturity date (the “Original Maturity Date”) by:

 

  (1)

Subtracting one from the number of payments in the payment schedule, as shown on the Contract, and

 

  (2)

Adding the number of payment periods (in months) obtained in (1) above to the original first payment date, as shown on the Contract,

 

  b.

Calculating the difference in months between the funding date, as shown on the System Screen Shots, and Original Maturity Date, as calculated in a. above, assuming both the funding date and Original Maturity Date occurred on the first day of the applicable month, and

 

  c.

Adding 1 to the result obtained in b. above if the day of the Original Maturity Date, as calculated in a. above, is after the day of the funding date, as shown on the System Screen Shots.

 

iv.

For the purpose of comparing the indicated Sample Characteristics for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to ignore differences due to abbreviations, truncations and spelling errors.

 

v.

For the purpose of comparing the new or used Sample Characteristic for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to note agreement if the new or used value, as shown on the Sample Data File, agreed with the corresponding new or used value, as show on the corresponding Contract, in accordance with the decode table shown below:

 

Sample Data File Value

   Contract Value
1    New
2    Used


Exhibit 1 to Attachment A

Page 3 of 4

 

Notes: (continued)

 

vi.

For the purpose of comparing the vehicle value Sample Characteristic for each Sample Receivable (except for Sample Receivable Number 9) with a:

 

  a.

New or used value of “New” and

 

  b.

Vehicle year value of “2019” or “2020,”

both as shown on the Contract, the Sponsor, on behalf of the Depositor, instructed us to use the Invoice as the Source Document (and in accordance with any other applicable note(s)).

For the purpose of comparing the vehicle value Sample Characteristic for each Sample Receivable with a:

 

  a.

New or used value of “New,” as shown on the Contract,

 

  b.

Vehicle year value of “2018,” as shown on the Contract,

 

  c.

Status changed to value of “APPROVED,” as shown on the System Screen Shots, and

 

  d.

Status changed date value that is before 1 May 2019, as shown on the System Screen Shots,

the Sponsor, on behalf of the Depositor, instructed us to use the Invoice as the Source Document (and in accordance with any other applicable note(s)).

For the purpose of comparing the vehicle value Sample Characteristic for Sample Receivable Number 9, the Sponsor, on behalf of the Depositor, instructed us to use the System Screen Shots as the Source Document (and in accordance with any other applicable note(s)).

For the purpose of comparing the vehicle value Sample Characteristic for each Sample Receivable with a:

 

  a.

New or used value of “New,” as shown on the Contract

 

  b.

Vehicle year value of “2018,” as shown on the Contract,

 

  c.

Status changed to value of “APPROVED,” as shown on the System Screen Shots, and

 

  d.

Status changed date value that is on or after 1 May 2019, as shown on the System Screen Shots, the Sponsor, on behalf of the Depositor, instructed us to use the System Screen Shots as the Source Document (and in accordance with any other applicable note(s)).

For the purpose of comparing the vehicle value Sample Characteristic for each Sample Receivable with a new or used value of “Used,” as shown on the Contract, the Sponsor, on behalf of the Depositor, instructed us to use the System Screen Shots as the Source Document (and in accordance with any other applicable note(s)).

 

vii.

For the purpose of comparing the vehicle value Sample Characteristic for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to ignore differences of +/- $1.00 or less (and in accordance with any other applicable note(s)).


Exhibit 1 to Attachment A

Page 4 of 4

 

Notes: (continued)

 

viii.

For the purpose of comparing the obligor credit score Sample Characteristic for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to compare or recalculate the obligor credit score (as applicable) using:

 

  a.

Information on the System Screen Shots and

 

  b.

The Obligor Credit Score Methodology.

 

ix.

For the purpose of comparing the remaining term to maturity Sample Characteristic for each Sample Receivable, the Sponsor, on behalf of the Depositor, instructed us to recalculate the remaining term to maturity as the difference in months between the:

 

  a.

Current maturity date, as shown on the System Screen Shots, and

 

  b.

Preliminary Cut-off Date,

assuming both the current maturity date and Preliminary Cut-off Date occurred on the first day of the applicable month.

We performed no procedures to determine the accuracy, completeness or reasonableness of the instructions, assumptions, and methodologies provided by the Sponsor, on behalf of the Depositor, described in the notes above.


Exhibit 2 to Attachment A

Sample Characteristic Differences

 

Sample

Receivable Number

  

Sample

Characteristic

  

Sample

Data File Value

  

Source

Document Value

82    Vehicle model    F250    F-150
115    Vehicle model    300    C-Class