Date Received: 2023-10-25
Issue: Problem with fraud alerts or security freezes
Subissue:
Consumer Complaint: Someone opened a credit card with capitol one with my social security. I have a hard inquiry on my credit without my oermission
Company Response:
State: CA
Zip: 91701
Submitted Via: Web
Date Sent: 2023-10-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Other features, terms, or problems
Subissue: Problem with balance transfer
Consumer Complaint: I requested a balance transfer. I transferred an amount of money from XXXX XXXX XXXX to capital one venture visa. Capital one posted the transaction on XXXX, XX/XX/XXXX. I contacted XXXX XXXX on XXXX, XX/XX/XXXX and they still show a balance in the same amount as the transfer. XXXX indicated that the balance transfer check that capital one had sent had not cleared as of XX/XX/XXXX. I contacted capital one venture visa and they informed me that they have posted the balance of the transfer and that I am accruing interest on the transfer even though the check that was sent to XXXX bank had not cleared. Capital one Venture informed me that it could take up to 15 days for the transfer to to be processed by XXXX XXXX Effectively it seems that I am currently accruing interest on the same balance to two different banks. Is this lawful?
Company Response:
State: MA
Zip: 01420
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: On Saturday XX/XX/ XXXX XXXX with no explanation Capital One had closed my account without letting me know any knowledge and that the judgment is final and that I can not dispute their judgment but I've never had a credit card before I've never been in debt to my knowledge I've never been in trouble for credit fraud or anything that has to do with money never they're the only place that would give me a line of credit of {$300.00} and they can see that my yearly salary I can pay that no problem I make almost {$80000.00} a year why nobody else will give me credit I don't know nobody will give me a shot except for Capital One but within 2 months they shut my account down without explanation I need help
Company Response:
State: MA
Zip: 02128
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: On XX/XX/2023 I sent a letter to the company requesting that these inquiries were initiated by me. These unverified inquiries violate the Fair Credit Reporting Act, Section 1681b ( c ) : Transactions Not Initiated by Consumer. These inquiries are showing up on both my XXXX and XXXX reports.
Company Response:
State: WI
Zip: 53218
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/2022 I discharged the following accounts Capital One ( XXXX ), ( XXXX ) I requested that Capital One accept my form of payment and requested that the tender may not be rejected, stopped or refused without discharge of the obligation to the extent of the amount of the tender pursuant to ( XXXX XXXX XXXXXXXX ) ( from XXXX. XXXX, par. XXXX ) Tender of payment & VA XXXX XXXX, said tender and discharge being 100 % as full satisfaction. Capital One has a civil right to refuse the tender of payment ; If tender is refused, there being discharge, Capital One has no permission to contact the XXXX XXXX XXXX. Attempting to coerce payment of a discharged debt is extortion. Subsequent correspondence, bills, invoices and notices, incur mandatory fees. XXXX closed my account without any written notice or explanation and continuous send me communications via email to collect on the debt they have sold to a collection agency.
Company Response:
State: IL
Zip: 60466
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: Dear Capital One N.A., I, XXXX XXXX, giving notice on this XXXX day of XXXXXXXX XXXX, that I have received my Capital One Venture Card from Capital One. I accept the offer. However, I have never activated my card and decided to so just recently. However, I am not able to activate my card. I hereby request that Capital One correct any error for whatever reason may be. I have a picture of my card in the attached for your reference. I look forward to hearing from you with a positive response of resolving this problem. As a new customer and consumer, I appreciate your efforts and support. Thank you, best regards. XXXX XXXX All Rights Reserved UCC 1-308
Company Response:
State: FL
Zip: 33150
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Getting a loan or lease
Subissue: Credit denial
Consumer Complaint: To whom it may concern this is reference to an auto loan I applied for and was denied my right of credit. After getting denied I researched the Truth and Lending Act, I've learned of my rights and tis complaint is not make me out as being difficult or troublesome, and while im not disagreeing with you companies decision. My goal of this complaint is be treated fairly and not discriminated against while exercising my right credit in good faith. Reading over your adverse letter shows me that your company used my credit report to make your decision and that very unfortunate, because there is no law that says I have to abide by the credit score or those transactions needs to be reported on my behalf, because the CFPB states credit reporting is optional. So no matter what your company policies are it does not supersede Federal law. What was done to me is direct violation of federal law under the Truth and Lending Act and my rights under this ACT pursuant to 15 USC 1602 ( f ) tells me credit is my right how can you company deny me my right. 15 USC 1602 ( p ) makes it clear that you committed fraud and used my credit card without my authority and I received no benefit. Your company discriminated against me by denying according to the Equal Credit opportunity ACT 15 USC 1691 ( a ) ( 3 ) makes XXXX clear that I can not be desciminated for exercising my rights. Now I would hate for this situation to escalate to something bigger. Please see attachment where CFPB publication back up my claim
Company Response:
State: PA
Zip: 19141
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Closing an account
Subissue: Can't close your account
Consumer Complaint: I was told that my account will be restricted to verify some recent activities on XX/XX/2023. I called them and they asked me to verify my identity which I did on XX/XX/2023 I sent them the back and the front of my ID. Frustrated with all of this I called on XX/XX/2023 to close my account. But they are telling me I have to go in person to do it which doesnt make sense I just want my money back and want to close the account.
Company Response:
State: TX
Zip: 75068
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I opened a Capital One Venture credit card on XXXX XXXX. The card has XXXX yearly fee. On XXXX the card was closed by Capital One without any reasonable explanation. They don't want to return the annual fee. I called XXXX and XXXX lines, spoke to XXXX XXXX XXXX, and three or four other folks, reached out to them on XXXX They are all saying that bank won't refund the annual fee. However on XXXX and another website I read that: According to a representative from Capital One, your annual fee will be refunded if you call to cancel within 30 days of the date of the statement that includes it. CapitalOne: CapitalOne acts very strangely in regards to annual fee refunds. You can get an annual fee refund only if you close the card within30 days of when the annua lfee was charged. Ifyou chooseto downgradethe cardthen CapitalOne willnot giveyou arefund forthe annualfee evenwithin the30 days.Why theywant youto closethe cardrather thandowngrade it,I dontknow. XXXX importantto notethat CapitalOne veryoften offersan annualfee waiverif youagree tokeep thecard openas-is, andyou havea perfectpayment history.So itsdefinitely worthasking forthe waiverfirst. Its alsoimportant tonote thatwith CapitalOne downgradesare notalways available.They canbe targetedfor eachaccount. Somecardholders arenot ableto downgradetheir CapitalOne creditcard. Whom can I contact or what should my next steps be to get that fee refunded!
Company Response:
State: NJ
Zip: 08831
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-23
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: CAPITAL ONE AUTO FINANCE, is furnishing inaccurate and incorrect information to the consumer reporting agencies. The account reporting inaccurately is Account # XXXX. The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general style of living and my ability to obtain any type of credit for personal and/or household purposes. The inaccurate information they have reported has negatively impacted and affected my ability to sustain my livelihood. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 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. Duty : a moral or legal obligation ; responsibility Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something The term person is defined in 18 U.S.C. 2510 ( 6 ) to mean any individual person as well as natural and legal entities. As defined by The IRS : Even if you didnt receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 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 their reporting of this account inaccurate! By Definition The IRS Clearly says a Cancelled or Charge off account is income. The reporting of this account as a debt is inaccurate. 15 USC 1681 s-2 Says Capital One Auto Finance is a furnisher of information to a consumer reporting agency. They ARE PROHIBITED BY LAW to furnish inaccurate information. I demanded them to Cease and Desist the reporting of this incorrect/inaccurate information immediately, and they have failed to do so. 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) 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. Reasonable cause to believe means a basis for belief in the existence of facts which, in view of the circumstances under and purposes for which the standard is applied, is substantial, objective, and sufficient to satisfy applicable constitutional requirements. They signed for and received my certified letter on XX/XX/XXXX, and was already put on NOTICE that they were furnishing incorrect inaccurate information. The lender must file Form 1099-C, and send the consumer a copy if the amount of debt canceled is {$600.00} or more, and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in Chapter 1. Chapter 1 states : 1. A financial institution described in section 581 or 591 ( a ) ( such as a domestic bank, trust company, building and loan association, or savings and loan association ). 6. Any organization whose significant trade or business is the lending of money, such as a finance company or credit card company ( whether or not affiliated with a financial institution ). The above paragraph is taken directly from the IRS 2022 Publication. Under section : Statements to Debtors, it states : If you are required to file Form 1099-C, you must provide a copy of Form 1099-C or an acceptable substitute statement to each debtor. They once again failed to send me my FORM 1099-C that they should have sent when they filed the account as a canceled debt. My address was listed on the letter! 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 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. In conclusion, I have shown you and them, and they have been put on notice that they are reporting inaccurate information. The information is, in fact, inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. They have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE this Erroneous, inaccurate account from my Consumer Report. They have 10 Calendar Days to DELETE THIS ACCONT FROM MY CONSUMER REPORTS!
Company Response:
State: FL
Zip: 33319
Submitted Via: Web
Date Sent: 2023-10-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A