Date Received: 2023-11-16
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: On XX/XX/2023 I closed my Capital One 360 checking account due to a check failing to properly deposit within account. Upon closing out my I was told I will receive my check within XXXX to XXXX business days. Today is XX/XX/2023. I have yet to receive my closeout check of almost {$3500.00}.
Company Response:
State: CA
Zip: 92101
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: I cancelled my account with XXXX who's service had been down a good part of the previous billing period on XX/XX/XXXX. XXXX charged my card on the XXXX. I disputed with the credit card company and they denied my claim. The evidence that XXXX sent is blurry and printed with light ink on a light background. It is unreadable. My browsing history shows I modified my account on the XXXX. It also shows a lot of information showing the service had been down for a long time.
Company Response:
State: AZ
Zip: 86314
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: CAP ONE AUTO is in violation of multiple laws set forth by Congress. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( CAP ONE AUTO ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( CAP ONE AUTO ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate. CAP ONE AUTO can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided a screenshot from the IRS website. By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from CAP ONE AUTO for the cancelled debt of { {$10000.00} } in order to file as ordinary income. Where is my 1099-C CAP ONE AUTO is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than { {$600.00} }. This is unsatisfactory! CAP ONE AUTO has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In CAP ONE AUTO terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX is not an affiliate of CAP ONE AUTO nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. CAP ONE AUTO must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consumer account. XXXX Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { {$1.00} } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( 1 ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. ( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by XXXX ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.
Company Response:
State: PA
Zip: 18704
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: Request for Immediate Deletion of Unauthorized Inquiries from Consumer Report Dear Sir/Madam, I am writing to formally dispute the presence of certain unauthorized inquiries on my consumer report maintained by your agency, which violate my rights as a federal protected consumer under the provisions of 15 U.S. Code 1681c-2 and 15 U.S. Code 1681b. I request that you take immediate action to delete these items from my consumer report in accordance with the applicable laws and regulations. As a diligent consumer, I have thoroughly reviewed my consumer report and discovered the presence of inquiries that have been reported without my written consent, thereby contravening the provisions outlined in 15 U.S. Code 1681c-2. This violation is not only a breach of my privacy rights but also undermines the fundamental protections guaranteed to consumers under the U.S. Constitution. Moreover, in accordance with the " saving to suitors '' clause as prescribed in sections 41 ( 3 ) and 371 ( 3 ) of title 28, U.S.C., I am asserting my rights to seek resolution of this matter through appropriate channels. The fraudulent reporting of these inquiries is in direct violation of the principles enshrined in the U.S. Constitution, which upholds the sanctity of individual rights and protections. I kindly request that you promptly investigate this matter and initiate the necessary steps to delete these unauthorized inquiries from my consumer report. It is crucial that your agency takes immediate action to rectify this error, as the presence of these inquiries is not only inaccurate but also has the potential to impact my creditworthiness and financial well-being. Please find my information below for reference : Name : XXXX XXXX Address : XXXX XXXX XXXX, XXXX, NC XXXX Email Address : XXXX I expect your full cooperation in resolving this matter expeditiously, within the prescribed timeframes as defined by the Fair Credit Reporting Act ( FCRA ). Failure to comply with these legal obligations may leave me with no choice but to pursue further action to protect my rights as a consumer. I would appreciate a written confirmation acknowledging receipt of this dispute letter and providing an outline of the actions you intend to take to address this matter. Furthermore, I request that you provide me with a copy of my updated consumer report once the unauthorized inquiries have been removed. Thank you for your attention to this matter. I trust that you will handle this dispute with the utmost diligence and professionalism, adhering to the legal guidelines and your responsibilities as a consumer reporting agency. Capitol One provided misleading promotional articles Yours faithfully,
Company Response:
State: NC
Zip: 28110
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Capital One Auto is reporting an auto loan debt which was chargeoff and sold to a collection agency. They never sent me a 1099 C form of the debt being sold. There shouldnt be a past due balance on a charge-off account. This is false inaccurate information. The past due balance should be XXXX. Also I notified capital one of the inconsistent payment reporting history of this account. XXXX, XXXX and XXXX of XXXX are both reporting 30 days late and which is incorrect. Its impossible to report 30 days late for two months in a row. It should say 30, 60, days late. This is false and inaccurate information.Please remove this account. Due to the FCRA, this is a violation. This debt keeps coming back verified but theres so many inaccuracies that its impossible for that this debt has been verified correctly.
Company Response:
State: FL
Zip: 336XX
Submitted Via: Web
Date Sent: 2023-11-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: Filed a dispute with Capital One in regards to a transaction that I made and never received the product. Capital One sent a letter stating that the company mailed out the product and that was all the proof they needed to make me pay for the item. I requested proof of me receiving the item. I did not receive a response and I need this transaction removed. I need proof of where this item was mailed to and I need this transaction removed since I have no product.
Company Response:
State: CT
Zip: 06902
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Capital one is falsely reporting payment history that is damaging credit. XXXX of XXXX and XXXX of XXXX. I have documents stating I made several payments before the actual due date for the months that are reporting late payments. This false informations needs to be removed or corrected. I have tried to resolve with capital one and have disputed on XXXX XXXX
Company Response:
State: CA
Zip: 92563
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Other features, terms, or problems
Subissue: Problem with rewards from credit card
Consumer Complaint: Capital One advertised their Venture X credit card with a {$390.00} annual fee to users, including one important benefit of this credit card being : the ability to convert the accumulated reward points on the credit card account to loyalty points of Capital One 's transfer partners. However, this functionality has been broken for me personally. I am able to sign into my credit card account, however, Capital One 's website request an additional authentication via text message when I try to use this function. Their system then returns an error message stating " the phone number provided can not be verified '', thus preventing me from using this aspect of the reward program. My cell phone is setup on my venture X account as the primary phone number, and has been verified by Capital One 's system. My phone is also capable of receiving all text messages, including the 2-factor authentication code needed to sign into my capital one account. Only the " convert reward '' authentication fails. Thanks
Company Response:
State: MA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I am writing to file a formal complaint against XXXX for multiple violations of the Fair Credit Reporting Act ( FCRA ) pertaining to the Capital One account with the number XXXX on my credit report. Violations : Failure to conduct a reasonable investigation ( FCRA Section 1681i ). Reporting inaccurate information ( FCRA Section 1681e ). Inaccuracies : Reporting Past Due on a closed Account Balance is incorrect account was charged off for full amount Consumer owes {$0.00} The date open is incorrect Payment History incorrectly reporting Balance updated date incorrect I have previously notified XXXX of these inaccuracies, but despite this, no corrective action has been taken. I believe that their non-compliance with the FCRA has caused significant harm to my creditworthiness.
Company Response:
State: CA
Zip: 90302
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-15
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I've requested documents showing these are reporting accurate information on me., i have also spoken that i did do identity report for stolen identity and the accounts listed are not accurate and don't belong to me and I've never opened capital one accounts and these are fraudulent accounts. There are 3 capitol one accounts that are listed to my name the amounts are {$660.00}, {$360.00} and {$530.00}.
Company Response:
State: IL
Zip: 60517
Submitted Via: Web
Date Sent: 2023-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A