Date Received: 2023-10-26
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: Opened my first credit card with Capitol One Financial Corp in XXXX with {$500.00} limit. Ive worked super hard to get an increased limit of {$7300.00} as of XXXX. Heres the issue. Capitol One last reported to XXXX XX/XX/XXXX. As for XXXX XXXX XXXX they have no records of my account with Capitol One. Capitol One claims they report to all 3 Credit Bureaus every 30-45 days on their website yet this is totally incorrect and legitimately hurts my credit score based on average account age. As mentioned this was my first credit card and I trusted Capitol One to do right by consumers including myself. Spoke to representatives on numerous occasions and all that i was told was to file a dispute via writing a letter and sending it via postal mail.
Company Response:
State: NY
Zip: 11212
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: Other service problem
Subissue:
Consumer Complaint: On Friday XX/XX/XXXX I mailed Certified Mail 2 negotiable Instrument/Securities/Non ash Items/Coupon Securities to via USPS certified Mail Capital One Bank N.A. to the address XXXX XXXX XXXX XXXX XXXX XXXX via USPS certified Mail XXXX. On XX/XX/XXXX I mailed 3 Instruments/Coupon Securities/Bearer Bonds/Items/Non Cash XXXXtems to Capital One Bank N.A XXXX XXXX XXXX XXXX NC XXXX per the Cardmember agreement page 7 heading ITEMS. and they were received on Monday XX/XX/XXXX at XXXX, via USPS Certified Mail ending in XXXX, XXXX it has been 14 days and Capital One Bank N.A . Is in Dishonor and has not provided the instruments return with dishonor nor has performed or paid the instruments. Per Code of Virginia they are in violation. This is the 2nd Presentment of securities Items per their Card member agreement page 7 presenting items with restrictive endorsements. Capital one is in dishonor and has been sent an affidavit of truth and dishonor which has gone unrebutted for 14 plus 2 days as of XX/XX/XXXX via USPS certified Mail XXXX to the CFO Mr. XXXX XXXX detailing all violations to not honoring these above mentioned instruments as well as not providing a true and correct copy of the application/letter of credit/petition/ that is collateral and Trust property, that has been demanded on multiple occasions only to be denied then I was told that they sold the note in a letter dated XX/XX/, well there has to be an electronic copy of the Instrument. I was told one can not be produced because I filled out an electronic application online and that there is no signature. Which is a misrepresentation of facts and a violation of the EFT Act and E signatures Act and violates my common law property rights and claims to equity and is obstructive deceptive in essence as well, if Capital One has sold the note and they cant produce an instrument electronically what did they sell? Take in mind that I requested all of this information of material disclosures well before the account went into default and I have evidence of such facts. Capital One didn't sell the note/letter of credit until I started asking for it and have been dishonoring all Items sent to gain increased interest charges and keep the account in default. All items have been reported stolen to the respective jurisdiction and summary judgement will be sought for an unrebutted affidavit stands as silence and acknowledges fault on all accusations pursuant to the pleading. Capital One bank also closed by Business account that has absolutely nothing to do with my capital one rewards account. they are 2 separate accounts with 2 different card member agreements. There is no section or current standing law that allows capital one to close a business account that is in good standing. Capital One closed these accounts because I observed my rights under Gods law and commercial law when I sent a Letter of Recession to renegotiate the pledging and assignment agreement within the cardmember agreement. Code of Virginia supports secured interest in deposit accounts as long as an authenticated record between the secured party the debtor and the bank exists. I was ignored and accounts closed for that reason and this fact remains unrebutted within the affidavit of truth. This action is a deprivation of rights, deceptive trade practices, and theft of funds, larceny and interference with commerce, Misrepresentation of facts, and obstruction of equity rights. these are very serious violations that capital one has not rebutted. Per Code of Virginia in which the card member agreement is governed by the laws of Virginia states ( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under 8.3A-306 by another person. ( b ) The obligation of a party to pay the instrument is not discharged under subsection ( a ) if : ( 1 ) a claim to the instrument under 8.3A-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. ( c ) Within 90 days following payment in full of the obligation represented by an instrument, the holder of the instrument shall return it to the maker or his agent, unless it no longer is in existence. If the instrument no longer is in existence, upon request from the maker or his agent, the holder shall give written confirmation that the instrument no longer is in existence and the obligation has been paid in full, within 90 days of such request. In such event the holder shall be deemed to have satisfied its obligation under this subsection. 8.3A-603. Tender of payment. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect o tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person 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 endorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument 8.4-301. Deferred posting ; recovery of payment by return of items ; time of dishonor ; return of items by payor bank ( a ) If a payor bank settles for a demand item other than a documentary draft presented other wise than for immediate payment over the counter before midnight of the banking day of receipt the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it ( 1 ) returns the item; or ( 2 ) sends written notice of dishonor or nonpayment if the item is unavailable for return. ( b ) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount there of withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection ( a ). ( c ) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section. ( d ) An item is returned : ( 1 ) as to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing-house rules; or ( 2 ) in all other cases, when it is sent or delivered to the bank 's customer or transferor or pursuant to his instructions. 8.3A-502. Dishonor ( a ) Dishonor of a note is governed by the following rules : ( 1 ) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment. ( 2 ) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later. ( XXXX ) If the note is not payable on demand and paragraph ( 2 ) does not apply, the note is dishonored if it is not paid on the day it becomes payable. ( b ) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules : ( 1 ) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under 8.4-301 or 8.4-302, or becomes accountable for the amount of the check under 8.4 302. ( 2 ) If a draft is payable on demand and paragraph ( 1 ) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment. ( 3 ) If a draft is payable on a date stated in the draft, the draft is dishonored if ( i ) presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later, or ( ii ) presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment. ( 4 ) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment. ( c ) Dishonor of an unaccepted documentary draft occurs according to the rules stated in subsections ( b ) ( 2 ), ( 3 ), and ( 4 ), except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs. ( d ) Dishonor of an accepted draft is governed by the following rules : ( 1 ) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment. ( 2 ) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later. ( e ) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under 8.3A-504, dishonor occurs without presentment if the instrument is not duly accepted or paid. ( f ) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored 8.3A-304. Overdue instrument ( a ) An instrument payable on demand becomes overdue at the earliest of the following times : ( 1 ) on the day after the day demand for payment is duly made ; ( 2 ) if the instrument is a check, ninety days after its date; or ( 3 ) if the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade. ( b ) With respect to an instrument payable at a definite time the following rules apply : ( 1 ) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured. ( 2 ) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date. ( 3 ) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. ( c ) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal 8.3A-505. Evidence of dishonor ( a ) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated : ( 1 ) a document regular in form as provided in subsection ( b ) which purports to be a protest ; ( 2 ) a purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor ; ( 3 ) a book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry. ( b ) A protest is a certificate of dishonor made by a United States consul or vice-consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties 8.3A-310. Effect of instrument on obligation for which taken ( a ) Unless otherwise agreed, if a certified check, cashier 's check, or teller 's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an endorser of the instrument. ( b ) Unless otherwise agreed and except as provided in subsection ( a ), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply : ( 1 ) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check. ( 2 ) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment. ( 3 ) Except as provided in paragraph ( 4 ), if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of at third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation. ( 4 ) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee 's rights against the obligor are limited to enforcement of the instrument. ( c ) If an instrument other than one described in subsection ( a ) or ( b ) is taken for an obligation, the effect is ( i ) that stated in subsection ( a ) if the instrument is one on which a bank is liable as maker or acceptor, or ( ii ) that stated in subsection ( b ) in any other case. 8.4-302. Payor bank 's responsibility for late return of item ( a ) If an item is presented and received by a payor bank, the bank is accountable for the amount to : ( 1 ) a demand item, other than a documentary draft, whether properly payable or not if the bank, in any case where it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, regardless of whether it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline ; or ( 2 ) any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents. ( b ) The liability of a payor bank to pay an item pursuant to subsection ( a ) is subject to defenses based on breach of a presentment warranty ( 8.4-207.2 ) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
Company Response:
State: GA
Zip: 30038
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: Other features, terms, or problems
Subissue: Problem with rewards from credit card
Consumer Complaint: We had a capital one card for around 10 years with cash back for purchases. We had amassed {$740.00} in rewards to be used towards a family vacation. When I went to redeem my cash, I found out that Capital One had closed our account due to inactivity and that the rewards were no longer available. They claim they sent a notice of inactivity and that we needed to redeem rewards or use the card. We never received any such notification ( and we ALWAYS open mail from financial institutions with whom we do business ). I've been through Capital One customer service and they claim that they can't address my issue or even escalate it due to some arbitrary change in the system. To close someone's account without proper notice and take their money seems quite fraudulent to me. Thanks.
Company Response:
State: SC
Zip: 29412
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: On XX/XX/XXXX, I made a payment using the Capital One mobile app to pay my balance in full. On XX/XX/XXXX, I was charged {$18.00} in interest because my payment on XX/XX/XXXX was apparently {$25.00} short. According to Capital one, my payment was short because of a change in their mobile app that deducts a canceled auto-pay from the statement balance. This change was not made clear to me through the app, and I have not been able to repeat " what must have happened '' through further investigation on my end. The explanation provided to me was both dubious and deceptive. During a XXXX hour phone call with customer service, I requested a refund for the interest and was told I " was not eligible '' with no further explanation. The supervisor I eventually spoke with informed me that " This has been happening to a lot of customers with the recent change to the mobile app. ''
Company Response:
State: RI
Zip: 02816
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Closing your account
Subissue: Can't close your account
Consumer Complaint: I applied for and received a Quicksilver card with Capital One. I already have a XXXX with them, as well as a checking account. Both are in good standing. When I tried to activate the card, the fraud department began demanding copies of my passport and ID. I am a US citizen and I thought this sounded scammy, so I refused. I also immediately closed the account without ever using the card. The account was restricted, and they refused to remove the restriction, even though I closed the account. The result is that I can not open another card, I can not access any online help, because this closed account is restricted, and my credit has been affected. I have repeatedly asked for a physical address or email to send a complaint, and they refused to do so. They also refuse to remove the unused account from my credit report, which has affected my ability to get a home loan. I can not even access the complete card number because of the restriction. I want help to remove the restriction and to restore my credit. I believe that my financial accounts are being affected like this as a form of harassment after I made complaints against federal contractors who work for the Department of Homeland Security. Since making those complaints, I have been subject to numerous problems with credit, insurance, and banking -including being reported to security companies for " suspicious behavior, '' even though I haven't committed any crimes or been arrested for anything EVER. I have been targeted and harassed for years for doing the right thing, and as a reward, XXXX has destroyed my life. I request that CFPB help me with Capital One, and additionally refer my complaint to any other agency that can help me with a complaint against XXXX itself.
Company Response:
State:
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
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: To whom it may concern, My name is XXXX XXXX I live in XXXX XXXX, on the day of XX/XX/XXXX I rented a car because I miss my flight to XXXX, I use XXXX party app like XXXX to book a car it was {$18.00} per day and I bought a insurance thru price line time off rental no one said anything to me that car rental is only same state which is Florida and after they have seen my License is From XXXX XXXX when I got to XXXX merchant name XXXX XXXX XXXX They ask me to bring the car back to Florida I can not do that because I had to work, to make it easier I assist that I will drop this car at the airport and they can find a way to pick it up they refuse to pick the car up now its a day XXXX I left the car at my work I told them where is the car and Car Have a XXXX DEVICE so they know where is the car located it took them 1 month to pick the car up which is not my fault I am diabetic I have take insulin my work and my illness I can not able XXXX XXXX XXXX + hour to XXXX XXXXXXXX XXXX. On the day of XX/XX/2023 I got charged into my credit card for {$6100.00} I call capital one on that same day when I saw the change for XXXX I panic where this coming from my Credit limit is only {$500.00} And capital one let this happen and now they want me to pay this amount I have a job that I am making {$12.00} I can barely have food to eat after paying the rent I tried everything to ask capital one to dispute and they are not helping me at all I work so hard to built my credit I need help please help me this is why I am reaching out to consumers department because I need your help please..
Company Response:
State: NC
Zip: 282XX
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: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: About two years ago I shut down my store credit card with Kohls. This credit card had been opened during checkout in XX/XX/XXXX or XX/XX/XXXX by my mother on my behalf. To my knowledge I never used the card. In XX/XX/XXXX, I called Kohls to close this credit card and told them I never wanted a store card from them again. They assured me my file had been closed. A week ago Kohls hit me with a hard credit card inquiry. I received a new credit card in the mail from them yesterday. Without my knowledge or consent, Kohls opened this credit card on my behalf and adversely affected my credit score with a hard credit card inquiry.
Company Response:
State: WI
Zip: 535XX
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-26
Issue: Problem when making payments
Subissue: You never received your bill or did not know a payment was due
Consumer Complaint: Capital One allowed fraudsters to access my account sic times in a one-week span by allowing XXXX authentication to any phone number in the XXXX, regardless of XXXX that phone number is registered to the account or registered to me by the XXXX. The fraudsters then change the phone number and e-mail address to their address, thus completely locking me out. Now, I don't have access to the online account nor any statements or transaction data. Yet, Capital One drafted my bank account for {$4100.00} on XX/XX/23 for the credit card payment. My account is set to auto draft for the full statement balance. I have no way of changing that. I have no way of knowing the statement balance or any transactions. Someone just runs transactions on my account. I have no way of knowing it. I make the payment and I have no way of stopping it.
Company Response:
State: TX
Zip: 75238
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: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: I had an issue that had to resolved with 360 banking through Capital 1 last year. It was mediated by the CFPB because they changed my name on my credit report and the banking I have XXXX and their explanation was I feel less than par and very distasteful crude and I felt I was part of my own dehumanizing. Its happening all over again theres missing payments and large amounts of money and I get absolutely no help from them filed formal complaints not once have I ever received a call back even from the first incident. They did have to write up their staff by the name of XXXX for violating my civil rights, and I would like to reopen or associate this mediation with the last complaint, its just cultured and enable behavior. Im in my opinion and I can prove this.. I am also sending in the documentation to show they took the money out and to show with a firm that they received the money and when it posted to their account, Im also providing the information with the return payments when monies are in the account as well. this month alone Ive been charged over {$300.00} just from the leasing company because of whatever is going on at the 360 banking. I was only able to upload five documents, but all of this also occurred. This is the third month in a row that the payment was apparently returned as well from my rent.
Company Response:
State: WI
Zip: 531XX
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: Fraud or scam
Subissue:
Consumer Complaint: Got scammed out of {$400.00} through XXXX through capital one. Capital one wont help refund the money
Company Response:
State: LA
Zip: 70065
Submitted Via: Web
Date Sent: 2023-10-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A