Date Received: 2023-10-26
Issue: Wrong amount charged or received
Subissue:
Consumer Complaint: On or about XX/XX/2023 I opened two new checking accounts with Capital One. On Saturday, XX/XX/2023 I authorized Capital One to take {$4100.00} out of our checking account from another bank to put into one of our new checking accounts with them. On XX/XX/2023, four business days later, they took the money out of our prior account and only deposited {$2500.00} into our new checking account. My other account has a XXXX balance and there remains {$1600.00} which I do not have access to. They have it but will not put it into my account for me to access. We have worked hard for this money and it is ours and it is needed to pay bills. That is, after all, the purpose of a checking account, to pay bills. Additionally, on XX/XX/2023, I authorized Capital One to take {$2200.00} from our other outside checking account. Unfortunately, I believe that I will have the same issue. Again, this account also is used to pay bills, some businesses take their payment from the account automatically, others I need to pay, I need access to all of the funds immediately. Depositing it piecemeal is not acceptable.
Company Response:
State: NJ
Zip: 078XX
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Took or threatened to take negative or legal action
Subissue: Seized or attempted to seize your property
Consumer Complaint: Capital One sent the standard payment information to pay down outstanding debt. The statement showed the amount of {$580.00} due on XX/XX/2023, I sent the payment of {$40.00} through my banking institution on the XXXX first, but the amount would not be forwarded until the XXXX of the same month. I received from the county clerk/recorder that a lien was placed on my residence on the XXXX of the month, which was prior to the due date of payment. I contacted the debt collection lawyer either the XXXX or XXXX of XXXX to find out more information, which I was disconnected after XXXX. On XX/XX/XXXX I contacted Capital One to find out more information, after XXXX minutes I was again disconnected from the call.
Company Response:
State: CA
Zip: 95757
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am formally complaining against KOHLS DEPARTMENT STORE I for a number of consumer laws that they are in violation of. 15USC1681 ( A ) ( 2 ) dealing with exclusions and how I never gave them the right to report any of my transactions to any 3rd party ( XXXX, XXXX and XXXX ) along with 15USC6801 and 15 USC6802 ( A ) ( B ) ( C ). I have contacted KOHLS DEPARTMENT STORE who has been totally non compliant through this entire process and has been adamant about breaking consumer laws. I asked the CFPB to step in and make sure that KOHLS DEPARTMENT STORE stand by and address the issues that I noted in consumer law and not to continue to disregard the rights of consumers.
Company Response:
State: NY
Zip: 11208
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: On XXXX, XXXX I made a payment to capital for my credit card payment in the amount of {$510.00} but didn't know it would be taken out till XXXX, XXXX between this time I had another payment set to be taken out with XXXX but by time capital one took their payment if wasn't enough to cover the payment of the {$510.00} so I made another payment of {$400.00} on XXXX but I called in on XXXX XXXX to inform capital one that the {$400.00} won't clear because ring took a {$8.00} payment and I would like to change the payment to {$350.00} or {$380.00} and I also asked if they can waive {$12.00} interest fee they waive the {$12.00} interest fee but didn't take the payment of the {$350.00} that same day the rep inform me that I would have to wait for this payment to fall off to make the correct payment. I made the payment of {$300.00} on XXXX XXXX at this time my account was open and the payment was accepted. Now XXXX, XXXX I was trying to make my remaining payment and now my account is Restricted and closed after receiving my {$350.00} payment. I spoke to capital rep and they were disrespectful even told me they can see were i called in about tjis matter but couldnt see when i called and the rep told me i could make my payment off the {$400.00} drops off but said I was doing fraud and hang up on me. unable to reopen my account after receiving my payment. Please I need help getting my account open back so my credit won't be effected.
Company Response:
State: CT
Zip: 06489
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: I was charged by XXXX after I was sent an email saying my booking was not confirmed or processed. I was then later without my consent charged by XXXX They refused to offer any resolution. After months of trying I contacted my credit card company and after showing them documentation supporting my claim I was offered no resolution.
Company Response:
State: IL
Zip: 60517
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
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: Dispute with XXXX XXXX XXXX billed on XX/XX/2023 for {$560.00} Amount not returned/refunded. Re-billed {$560.00} for a total of 4 times posted on XX/XX/2023.
Company Response:
State: CO
Zip: 80302
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-27
Issue: Fraud or scam
Subissue:
Consumer Complaint: I received a letter from Capital one to recover my funds. Capital One denied my claim although the amount of wire was due to Fraud/Scam. CapitalOne fraud department did nothing to recover my scammed funds except request wire recall without any internal investigation of follow up. MY COMPLAINT WAS NOT HANDLED JUSTLY AND APPROPRIATELY. I do not think they even followed your own processes. After this event, CapitalOne closed by account. since I was a scammed victim, CapitalOne terminated my banking relationship with them. There was no resolution with this situation. I am very disappointed this was not resolved. CapitalOne only responded only after I filed a complaint number XXXX. I believe, had CapitalOne was vigilant in their Fraud department, I may have recovered some of my money. Losing {$20000.00} to a scammer is no laughing matter. CapitalOne denied my claim for reimbursement and closed my case without any resolution nor communication prior to closing my case. I sent the fraud department my evidence which they did not even reviewed. In addition, CapitalOne failed in following up with XXXX XXXX to reclaim my funds.
Company Response:
State: VA
Zip: 22191
Submitted Via: Web
Date Sent: 2023-10-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Managing the loan or lease
Subissue: Problem with additional products or services purchased with the loan
Consumer Complaint: Complaint Against Capital One Auto Finance for Violations of Federal and State Laws, Breach of Contract, TILA Violations, Misrepresentation, Willful Non-Compliance I am writing to file a formal complaint against Capital One Auto Finance, citing their alarming and continuous willful non-compliance in the face of legitimate inquiries and concerns related to my auto loan account. On XX/XX/XXXX I diligently sent a debt validation letter to Capital One Auto Finance & its Registered Agent a legally mandated request seeking validation of the legitimacy of my auto loan account. Astonishingly, despite sending this letter in XX/XX/XXXX, my correspondence has remained unanswered to this day. Furthermore, I communicated additional concerns to Capital One Auto Finance & its Registered Agent in XXXX, specifically drawing attention to a suspected case of fraudulent activity intricately connected to my auto loan. My letters, dispatched in XX/XX/XXXX, meticulously outlined the details of the alleged fraud, accompanied by an urgent plea for an immediate and comprehensive investigation. Despite the gravity of the matter and the urgency conveyed, Capital One Auto Finance & its Registered Agent has exhibited a complete disregard by failing to engage in any form of communication or commitment to resolving this critical issue. The lack of response to my inquiries and concerns, particularly within the stipulated time frames, outlines a persistent pattern of non-compliance, which has extended over 10 months. I wish to underscore that their ongoing non-compliance has not only inflicted significant emotional distress, but also demanded a substantial commitment of time and resources to get letters notarized and also imposed a substantial financial burden on me, as all the letters were delivered through certified mail with even additional out of pocket costs for return receipts. Capital One Auto Finance 's ongoing transgressions is in violation of my consumer rights including both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S. Code 1681n and 15 U.S. Code 1681o. Under 15 U.S. Code 1681n of the FCRA, entities that willfully fail to comply with respect to any consumer are liable for any actual damages sustained by the consumer as a result of the failure to comply. Moreover, under 15 U.S. Code 1681o, entities that willfully fail to comply with respect to any consumer are liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure to comply, in addition to punitive damages. Capital One Auto Finance 's & its Registered Agent actions, or lack thereof, not only infringe upon the FDCPA and FCRA but also pose a serious threat to my consumer rights and financial well-being. They continued to demonstrate a complete disregard for federal, state, common, data protection, regulations, and ordinances. Their disregard for the law and their responsibilities as a financial institution is unacceptable. Furthermore, Capital One Auto Finance also constitute a violation of XXXX XXXX ( XXXX ) ( a ), a provision of the Uniform Commercial Code ( UCC ) that implies guilt by estoppel when a party fails to rebut an affidavit. I sent an Affidavit of truth in XXXX along with the other letters under the certified mailing number XXXX, seeking to address the alleged fraudulent activity, and no rebuttal was ever sent back. Capital One Auto Finance has failed to provide a rebuttal, effectively allowing the unrebutted Affidavit to stand as truth in commerce. Their failure to rebut the Affidavit indicates guilt by estoppel under XXXX XXXX ( XXXX ) ( a ). Attached, please find copies of all relevant correspondence and documentation, including proof of delivery and signatures of the letters I sent and supporting evidence concerning the alleged fraudulent activity violating Truth in Lending Act ( TILA ) specifically but not limited to 15 U.S. Code 1635, 15 U.S. Code 1605, 16 CFR 433.1, and 12 CFR 1026.4. These violations encompass a range of critical issues, including mixing cash in a consumer credit transaction, failure to provide clear and conspicuous right-to-rescind paperwork, mishandling of the rescission process, and contractual discrepancies, these violations not only contradicts laws and regulation but raises significant concerns about the legality and transparency of the transaction and contract. I firmly believe that Capital One Auto Finance 's & its Registered Agent actions, or lack thereof, not only infringe upon the FDCPA, FCRA, and multiple federal laws and regulations but also pose a grave danger to consumers ' faith in the financial system and their rights therein. I demand not only a swift and comprehensive resolution to this matter but also an unequivocal expectation that Capital One Auto Finance provides a comprehensive plan for addressing the significant impact of these violations and errors on me as a consumer. Moreover, I request a plan that empowers me to select the remedies and accommodations I believe are most suitable for rectifying the harm they've caused and upholding my rights. In conclusion, Capital One Auto Finance 's actions have not only breached our contract, violated numerous federal and state laws, and infringed upon my consumer rights, but they have demonstrated a consistent pattern of willful non-compliance. Despite my earnest attempts to seek resolution and clarity by sending multiple letters concerning the subject in question, Capital One Auto Finance has, regrettably, chosen to remain unresponsive. They have not only neglected their legal obligations but have also failed to provide any form of restitution or resolution, displaying a concerning lack of compliance with federal laws and regulations. This willful non-compliance not only deepens my concerns regarding their actions but also raises significant questions about their commitment to ethical business practices and the well-being of their customers. It is my hope that the Consumer Financial Protection Bureau will address these grave violations promptly and decisively, ensuring that justice is served and that consumers like me are protected from such misconduct in the future.
Company Response:
State: FL
Zip: 33312
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Repossession
Subissue: Notice to repossess
Consumer Complaint: on XX/XX/2023, my vehicle was repossessed. I was not home, we were out of town however my adult child was home and was given any information as to where the vehicle would be towed. I received a text on XX/XX/XXXX stating it was repossessed and I needed to call Capital One and I did and kept on hold for over XXXX minutes. I sent an email requesting information and vehicle post-repossession notice and I have yet to receive anything from Capital One. I did receive in the mail dated XX/XX/2023, that I was late on a payment and that I should pay immediately to avoid repossession.
Company Response:
State: CA
Zip: 90604
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: The wrong information is on my credit report. Including an address I be reported more than once. I keep getting calls about a car and a house in my name but cant find any other information. I want this issue resolved.
Company Response:
State: MI
Zip: 48207
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A