Date Received: 2024-01-17
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I called because I saw capital one on my credit report saying I owe a debt. I asked them about the debt and they stated they har no record of the debt so Im trying to see how I owe them and why are they reporting on my credit report.
Company Response:
State: FL
Zip: 32839
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX Account # XXXX, has violated my rights. 15 USC 1681 Section 602 States I have a right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer plan as late for and purpose.
Company Response:
State: MI
Zip: 48227
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
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: Here is a portion of one of many letters I sent : " I am responding to Capital One 's letter dated XX/XX/XXXX regarding a disputed charge from XXXX XXXX XXXX in the amount of {$120.00} dated XX/XX/year>. Although I have gone through this issue at length with your customer care rep on the telephone, it seems I am now required to reiterate the reasons for which I am disputing this charge. In sum, XXXX is a XXXX car service that provides airport transportation. They did not pick me up at the airport, the driver wanted me to meet him at the opposite end of the large terminal -- a good XXXX minute walk from baggage claim and so I took a XXXX cab home. Now, I am asked to pay for the fact that this very clueless driver showed up at all, though no service was provided. He stated he couldnt meet me at baggage claim because security would not permit him to pass through without a boarding pass. The baggage claim pickup area in NO WAY requires one to pass through security, as was demonstrated by the line of drivers from other services holding passenger signs and meeting them at baggage claim. The XXXX driver suggested we meet at The XXXX XXXX at the opposite end of XXXX XXXX XXXX XXXX, a very long distance away. I told him on the phone this was not the service I contracted for, and he said he understood. I took a cab home ( see charge on statement ), and yet was billed by XXXX. ''
Company Response:
State: CA
Zip: 91423
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Problem with a company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: Capitol One 's only defense which was recently documented to me states that Capitol One has a public record address linked to me, a social security number, and a date of birth. All of which could have have been easily accessed during Capitol One 's XXXX XXXX XXXX which has resulted in a class action settlement preliminarily approved by the U.S. federal court. Furthermore, Capitol One also documented that Capitol One received electronic payments from an account ending in XXXX with The XXXX Bank that is under my personal information which is false as I have contacted XXXX and verified that I have never had an account ending in XXXX ( see attached ). Capitol One has gone to lengths to hide the truth that i never approved, agreed to, or authorized this credit card account. I have maintained my innocence from the very beginning by stating I did not open the card nor make any of the purchases, and sent an identity fraud report which Capitol One never filed or disputed the fraudulent charges.
Company Response:
State: CA
Zip: 95062
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: Capital One on XXXX XXXX XXXX XXXX has closed my account and denied me access to my open ended credit plan pursuant to 15 U.S. Code 1602 ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. My application/promissory note and or security gave consideration and secured payment, which now was stolen by Capital One and has been recorded as a book entry with the Treasury for their own personal gain. I received no benefit for providing my security to XXXX XXXX and no remedy to solve this matter. This is SECURITIES FRAUD which also violates their agreement with the SEC pursuant to Securities Exchange Act of 1934 and 240.10b-5 Employment of manipulative and deceptive devices. It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange, ( a ) To employ any device, scheme, or artifice to defraud, ( b ) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or ( c ) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.
Company Response:
State: NY
Zip: 14624
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " 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. '' XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: PA
Zip: 19023
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: I applied for the Capital One Venture X business card in XX/XX/2023. They closed my account without providing any reason in XX/XX/2023. They also refused to refund any of the {$390.00} annual fee, citing that it is non-refundable even they closed my account. I also have a credit balance of {$1700.00} on the account. They refused to provide a refund check for it. According to their representative, it can only be done automatically by the system and there is no expected time frame for it. I hereby request Capital One to refund me the annual fee and my credit balance in full, for the total of {$2100.00}.
Company Response:
State: WA
Zip: 98087
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: Account XXXX XXXX Billing Error Dispute per 15 USC 1666 Correction of billing errors. Securities fraud per SEC XXXX filing. Recission of security interest. No money was loaned. On XXXX XXXX I purchased an auto supposedly finance through Capital One Auto Finance. The process consisted of me filling out a application which under the UCC 9-102 ( a ) ( 47 ), which was established by Bill of exchange act of 1882 and upheld by 40 STAT 411 48,48 and 1 USC 112 as an enforceable law. The application I signed was a negotiable instruments which the bank received from me in their capacity as a securities transfer agent. The money net daily transaction log XXXX on the account will show that the lender of the loan was XXXX XXXX. Capital one never loaned me any money, the dealership and Capital One failed to disclose material facts such as they had received a certificate of indebtedness from U.S. treasury through the Federal reserve and failed to credit to my account. Part of the deception the dealership acting as an agent of Capital One as outline in their SEC filings and indentured trustee agreement rushed me though the process and neglected to inform me that in the contract I was giving Capital One a security interest in the auto loan that I was buying giving them to use for the car I was purchasing as collateral for a loan I never received from the bank. I was mislead to believe that I had to make monthly payments in the amount of {$650.00} a month causing me extreme hardship. Each month they sent me a statement implying I owed that sum of money, but Capital One did not credit my account with the dividend payments that were made from my treasury coupon via the Electronic Funds Transfer Act. During this same time according to their SEC filing they securitized my note to sell on the secondary market making millions off of my money. As a holder in due course of the note I never received any compensation, nor have I received any tax statements in order to file my taxes properly. I should have received a XXXX when they filed it in 2021. Due to the hardship in making those fraudulent gain car payments Capital One made false and misleading reports to the credit bureaus affecting my ability to acquire credit. I asked Capital One to provide me a copy of contract, which didn't have them listed anywhere on the contract as the lender. I also asked Capital One for a copy of XXXX and buyers order, neither documents where provided. According to their SEC filing Capital One Auto Finance sold the Note to their other affiliates during the securitization process therefore now the entity know as Capital one no longer has the loan in their possession but refuse to release a fraudulent XXXX on the collateral and threatening foreclosure. They have a contract with their indentured trustee ( XXXX XXXX ) to act as loan servicer. As loan servicer they have no legal right to foreclosure or accept money in the form of payments. I would like to officially rescind and security interest I unknowingly granted. I would also reference 15 USC 1601-1693 as subject matter law. I emailed XXXX XXXX XXXX XXXX XXXX XXXX XXXX to make here aware of what was going on, my first email was received, further emails failed and never received any reply or call back.
Company Response:
State: GA
Zip: 30815
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Advertising and marketing, including promotional offers
Subissue: Confusing or misleading advertising about the credit card
Consumer Complaint: Last year I applied for Capital One Spark Business card, and the initial application described the card as a " signature '' card. In every case, a " signature '' card of a higher limit with certain benefits regular cards do not have ( lower interest, considerably higher credit lines, and other incentives ). It is my contention that by advertising a " signature '' card and then opening an account with the lowest limit possible ( XXXX ), CapitalOne is using deceptive advertising to lock consumers in to an account that can not possibly help them. It is a pattern and a practice, and the fact is an account of this particular type and limit does little for someone like myself who has graduated to XXXX limits and the perks that come with that. My XXXX XXXX dropped and my profile itself will likely suffer as I have no choice but to close it. It should be removed.
Company Response:
State: WA
Zip: 98144
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am writing to formally dispute the accuracy, fairness, and validity of information erroneously reported on my credit files by Capital One, and subsequently maintained by XXXX, XXXX, and XXXX. The persistent presence of inaccuracies within my credit reports flagrantly violates my rights as a consumer, as protected under the 15 U.S. Code 1681a | 15 U.S. Code 1681e | 15 U.S. Code 1681i. The inaccuracies in the reports pertain to the following discrepancies in reporting by Capital One to the respective credit bureaus : Opening Date : Capital One reported to XXXX the account was opened on XX/XX/XXXX, while reporting to XXXX and XXXX it was opened on XX/XX/XXXX. Last Payment Date : Capital One reported to XXXX and XXXX the last payment was made on XX/XX/XXXX, whereas XXXX shows the last payment as XX/XX/XXXX. Account Closure : Capital One reported to XXXX the account was closed on XX/XX/XXXX, but no closure reporting was made to XXXX and XXXX. Yet Capital One alleged that I made a payment on XX/XX/XXXX but how would i make a payment to a closed account? 22 days after the supposedly closure date High Balance : Discrepancies exist in reported high balances, with XXXX and XXXX showing {$270.00}, and XXXX reporting {$220.00}. These inconsistencies not only fail to reflect accurate information but also significantly impact my credit report, misrepresenting my credit history and influencing my creditworthiness. Such discrepancies blatantly violate consumer rights outlined in the 15 U.S. Code 1681a, which mandates accurate, complete, and verifiable information within consumer reports. Additionally, these inaccuracies and discrepancies are in direct contravention of other pertinent consumer protection laws, including but not limited to : Fair Credit Reporting Act ( FCRA ) Fair and Accurate Credit Transactions Act ( FACTA ) Consumer Financial Protection Bureau ( CFPB ) guidelines I am deeply disappointed by the actions of Capital One and the failure of XXXX, XXXX, and XXXX to ensure maximum accuracy in reporting. Despite my previous attempts to rectify this matter through multiple correspondences, these inaccuracies persist, and your response indicating " verified '' is erroneous. It has come to my attention that late payments have been reported on this account, despite the fact that I have never had the opportunity to use the account. This situation is deeply troubling, as it not only misrepresents my financial history but also defames my character by suggesting negligence in managing credit. To provide some context, the account in question is a secured credit card with a modest {$220.00} credit limit. I took the initiative to fund this card with my own money as part of my effort to establish credit at a young age. Unfortunately, due to circumstances beyond my control, I never had the chance to use this account. Given that I never made any purchases or payments on this card, it is perplexing and concerning to see late payments reported. I must emphasize that, at the time I acquired this secured credit card, I was young and lacked sufficient knowledge about credit management. It was my earnest attempt to build a positive credit history, and the inaccuracies in reporting have cast a shadow on my financial reputation.
Company Response:
State: GA
Zip: 30344
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A