Date Received: 2023-11-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This is my formal complaint to CAPITAL ONE. I have reached out to the following account below and talked to them about the issue with my account as reported by the bureaus. They have advised me that they will conduct the investigation for the status on my account however, as I reviewed my recent report nothing has change, incorrect and inaccurate information are still reported. I am not sure how the CAPITAL ONE came up with this remark. They have failed to investigate properly. Also, the comments do not conform to the payment history that is being shown in my report. I have included in this complaint FTC report with the report number XXXX for your reference.
Company Response:
State: NV
Zip: 89032
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: This company is violating the FCRA COMPLIANCE. They are not reporting 100 percent accuracy to my report. In fact their reporting has caused me to be denied several times for several different loan and home applications. The company as took oath to report 100 percent accuracy and they are far from doing this. The company is Capital OneXXXX The original balances two bureaus read the same and the other states XXXX, limit two agencies have the same amount one states XXXX. None of the dates opened are matching or correct and reported dates are all different dates as well. Most of all I have XXXX late payments that continue to report even after the account t has been charged off. Which is not accurate either because charge offs should not have any lte payments attached to it because they are late by default. I want this company to remove this account from my report. It has violated my rights for long enough. I believe them reporting late payments after the account is charged off is a sneaky cruel act. I have months where on bureau is reporting I paid on time and another bureau claiming it's a charged off account. This is not 100 percent accuracy and I want it removed.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I requested to see the signature that the original creditor has that i became a debtor agreeing to pay this debt. i want to see the bonding insurance you have to collect as a collector incase i choose to pursue further legal action. I want to see the chain of title exist that this debt has from the original creditor to the collection agency that's now reaching out to me. I want to know the date and the amount of money that i officially became in collection with this particular company. i want to see these things because they are alleged debt.
Company Response:
State: CA
Zip: 94044
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am a federally protected CONSUMER under title 15, chapter 41. I am a natural person and the original creditor in all consumer credit transactions in which I have participated in. Kohls/ Capital One has violated 12 CFR 1002 Regulation B by failing to notify me in writing that they were taking adverse action and closing account ending in XXXX The account was closed after a billing error dispute with the account ending in XXXX in which Kohls/ Capital One remains in dishonor for failing to perform a discharge or mutual offset with the U.S. Treasury . It seems, Kohls/ Capital One performed an unauthorized credit check to cover up the illegal adverse action. According to 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ), any `may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Kohls/ Capital One is unable to produce the authorization from me to check my credit before closing the account ending in XXXX. 12 CFR 1002 Regulation B states : ( 1 ) When notification is required. A creditor shall notify an applicant of action taken within : ( iii ) 30 days after taking adverse action on an existing account; or ( iv ) 90 days after notifying the applicant of a counteroffer if the applicant does not expressly accept or use the credit offered. ( 2 ) Content of notification when adverse action is taken. A notification given to an applicant when adverse action is taken shall be in writing and shall contain a statement of the action taken; the name and address of the creditor ; a statement of the provisions of section 701 ( a ) of the Act ; the name and address of the Federal agency that administers compliance with respect to the creditor ; and either : ( i ) A statement of specific reasons for the action taken; or ( ii ) A disclosure of the applicant 's right to a statement of specific reasons within 30 days, if the statement is requested within 60 days of the creditor 's notification. The disclosure shall include the name, address, and telephone number of the person or office from which the statement of reasons can be obtained. If the creditor chooses to provide the reasons orally, the creditor shall also disclose the applicant 's right to have them confirmed in writing within 30 days of receiving the applicant 's written request for confirmation. Kohls/ Capital One committed fraud by saying they were unable to perform the discharge, yet keeping the 1099A, and failing to provide a Notice of Dishonor from the U.S. Treasury , and a copy of the accounting paperwork for the account such as 1096, 1099OID, 1099A, INC , PRC etc. Kohls/ Capital One continued to commit fraud by claiming they notified me of the adverse action when that was not the case. Kohls/ Capital One most likely illegally checked my credit to come up with the excuse that the account ending in XXXX was in bad standing when it never was. Kohls/ Capital One previously received via certified mail XXXX XXXX XXXX XXXX XXXX and secure messaging, Non-Negotiable Notice of Default in Dishonor and Estoppel. The notice stated that since the account ending in XXXX was not credited via a discharge or mutual offset and Kohls/ Capital One failed to properly honor my counter claim to Kohls/ Capital One offer to contract, I therefore owe nothing, there can be no negative reporting to the credit reporting agencies and this matter should have been closed and settled. UCC 3-603 ( b ) states that : If tender of payment of an obligation to pay an instrument is made to a person ( in this case Kohls/ Capital One ) entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. A tender of payment was presented was presented to Kohls/ Capital One in the form of a negotiable instrument. Since the tender was refused, and the principal account was not credited, there is discharge. This fact can not be refuted in the court of law. https : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX According to UCC 3-104, a negotiable instrument is ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; and ( 2 ) is payable on demand or at a definite time ; https : XXXX Pursuant to Notice of dishonor ( Bills of Exchange Act ) 95 ( 1 ) Subject to this Act, when a bill has been dishonored by non-acceptance or by non-payment, notice of dishonor must be given to the drawer and each endorser, and any drawer or endorser to whom the notice is not given is discharged. The NON-NEGOTIABLE NOTICE OF ACCEPTED CREDIT ISSUED both requested a notice of dishonor from a qualified third party if the expressed instruction could not be fulfilled. Due to the fact the bill was dishonored, a notice of dishonor was to be sent to each drawer ( XXXX XXXX XXXXXXXX ) XXXX However, XXXX : XXXX never received a notice of dishonor from Kohls/ Capital One or the qualified third party ( U.S. Treasury ) therefore the account ending in XXXX was to be discharged rather than inaccurately reported as late or past due. This is another fact that can not be refuted in the court of lawXXXX XXXX XXXX XXXXXXXX # : ~ : XXXX % XXXX ( XXXX ) % XXXX % XXXX % XXXX, is % XXXX % XXXX % XXXX % XXXX. Kohls/ Capital One has willfully and negligently placed inaccurate information on my consumer report for account ending in XXXX which is a defamation of my character and a violation of the Fair Credit Reporting Act ( FCRA ), otherwise known as 15 USC 1681. Under 15 USC 1681a - Definitions ; rules of construction, in particular 15 USC 1681a ( 2 ) ( B ) ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; An exclusion means it should NOT be listed. Furthermore, a credit card is defined under the Truth in Lending Act or 15 USC 1602 under Definitions and rules of construction, as : ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Any card refers to the fact that my own credit card or social security number in this context was used when I did business, therefore my own social security number was used to extend credit to myself in these transactions. Continuing with USC 1681a - Definitions ; rules of construction, specifically 15 USC 1681a ( 2 ) ( A ) ( i ), we see : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report Clearly, exclusion means something that is not supposed to be included. Transactions or experiences between the consumer and the person making the report are not supposed to be included in a consumer report, and this reported information was an EXPERIENCE of mine therefore these accounts listed above must be deleted immediately. Under 15 USC 1681a ( 4 ) - Congressional findings and statement of purpose : ( a ) Accuracy and fairness of credit reporting ; Congress finds that ( 4 ) there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy. It is obvious that my right to privacy as a consumer has been violated by publicly reporting this inaccurate information when I NEVER gave Kohls/ Capital One permission to report in the first place. As per 15 USC 1666 ( b ) entitled Timing of payments under ( a ) Time to make payments clearly states that a creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. Kohls/ Capital One is continuing to report late payments for the account ending in XXXX which is yet another violation of 15 USC 1681s-2. In Responsibilities of furnishers of information to consumer reporting agencies, where we see ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Of course, prohibition means something that is not allowed. This law says a person ( in the legal sense a person is a corporation like Kohls/ Capital One ) shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. According to 15 USC 1681b ( 2 ) - permissible purposes of consumer reports : ( A ) IN GENERAL SUBJECT TO SUBSECTION ( C ), ANY CONSUMER REPORTING AGENCY MAY FURNISH A CONSUMER REPORT UNDER THE FOLLOWING CIRCUMSTANCES AND NO OTHER : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. I repeat and reiterate that I NEVER gave Kohls/ Capital One or any other agency written permission to furnish information about account ending in XXXX on my consumer credit report. In conclusion, The Fair Credit Reporting Act ( 15 U.S. Code 1681 ) says ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. These blatant violations committed by Kohls/ Capital One impair the efficiency of the banking system. Kohls/ Capital One has violated my privacy with my consumer report, as I am the only one who can control what is listed and what is not. Since these accounts were reported without my written consent, that is considered identity theft. These violations are excessive and lead way to civil liability against Kohls/ Capital One under 15 U.S. Code 1681n which is civil liability for willful noncompliance and 15 USC 1681o which allows for civil liability for negligent noncompliance. Since Kohls/ Capital One has refused to provide validation of the account ending in XXXX i.e. an agreement with the wet ink signature of both parties, nor has Kohls/ Capital One provided a valid document where I gave written permission to check my credit and to report on my consumer report then Kohls/ Capital One must immediately remove account enging in XXXX from the credit reporting agencies, or pay me at least {$1000.00} per violation as the law provides. Kohls/ Capital One is responsible for my suffering of defamation of character, stress, loss of opportunities etc. due to Kohls/ Capital One violation of the FCRA.
Company Response:
State: NJ
Zip: 073XX
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: CAPITAL ONE Inquiry : XX/XX/2023 CAPITAL ONE Inquiry : XX/XX/2023 I have also submitted FTC report. FTC Report Number : XXXX
Company Response:
State: CA
Zip: 919XX
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: These inquires wasn't authored by me
Company Response:
State: NY
Zip: 11423
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: In XX/XX/2022 I was scammed out of {$150.00}. The representative that I spoke to had confirmed that it was fraud, but then said they could not recover the {$150.00} b/c the scammer had closed down the account. The scammer was paid {$150.00} through XXXX, but no item was ever sent and this was all perpetrated through XXXX and captial one, via XXXX. I have previously submitted a complaint, but the company then responded that there was no fraud- which was in dispute with what they had verified with me previously. The fact that I reported this fraud within XXXX hours and the company is unable to rectify this is unacceptable.
Company Response:
State: GA
Zip: 31024
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: I have apply for a loan got approved for XXXX but I found out it's was a scam I called my bank they block the scam but someone from XXXX XXXX told me to report the scam to fraud if you have questions feel free give me a called at XXXX Thank you very much.
Company Response:
State: LA
Zip: 70737
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Managing an account
Subissue: Problem accessing account
Consumer Complaint: Date restricted : XX/XX/XXXX Been a member since : XXXX Why was the account restricted : XXXX payments reported as fraud. XXXX in customer protection and resolution At capital one spoke with me and told me capital one is accusing me for doing fraud. Through XXXX
Company Response:
State: NY
Zip: 11221
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-21
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: On XX/XX/2023 I was severely defrauded in the amount of {$340.00}, my debit card was stolen from me, a faulty check was deposited into my account, and my money was stolen from out the ATM. I had filed a police report with the XXXX XXXX XXXX Police Department, and notified Capital One. I had put in a claim with Capital one for the amounts, and provided them with all evidence showing that I in fact was defrauded and stolen from. Today i received an update via email, stating that my claims were DENIED due to voluntary authorization or participation. I am extremely disturbed and i will keep filing complaints, BECAUSE I DIDNT AUTHORIZE ANYTHING. CAPITAL ONE DIDNT EVEN PROVIDE ME THE evidence USED TO MAKE THEIR DECISION. NEVER BANK WITH CAPITAL ONE. THEY WILL STEAL YOUR MONEY. AND CLOSE YOUR ACCOUNT ON YOU. THEY ARE THE WORST BANKING PROVIDER
Company Response:
State: NV
Zip: 89103
Submitted Via: Web
Date Sent: 2023-11-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A