Date Received: 2023-09-27
Issue: Problems at the end of the loan or lease
Subissue: Unable to receive car title or other problem after the loan is paid off
Consumer Complaint: On XXXX XXXX, 2023, a negotiable instrument was written to Capital One Auto Finance in order to pay off my car loan. This payment order was mailed by certified mail on XX/XX/2023, and received by Capital One Auto Finance at XXXXXXXX XXXX. on XX/XX/2023 as evidenced by certified mail # XXXX. You had until midnight XX/XX/2023 to put this instrument through ( which you did ), or dishonor the instrument, citing any possible defects of the instrument, which you didnt do. Since the EFT was accepted and not dishonored, the debt is discharged. XXXX XXXX XXXX XXXX. The very next day on XX/XX/2023, I checked my online account with Capital One Auto Finance. I have received a Congratulations! Youve paid off your Capital One Auto Loan! Along, with a XXXX ( XXXX ) balance display proving that you have processed the instrument and my account has been satisfied. In addition, I have received a letter dated XX/XX/2023 from XXXX XXXX of Capital One Auto Finance also confirming that my account was paid in full as of XX/XX/2023 ( please see the enclosed documents I have received from Capital One Auto Finance ). Furthermore, I have received more correspondence dated XX/XX/2023 from Capital One Auto Finance indicating Validation of Debt and that my letter was forwarded to the Office of the President for response. This letter also validates a XXXX balance on my account as it is written in page two ( 2 ) of first paragraph ( Please see attached proof of same ). On XX/XX/2023, I received gap insurance cancellation form from XXXX XXXX. Process Number : XXXX. The instruction on letter indicated to sign so I may receive my gap insurance refund for my PAID IN FULL vehicle and this form also validates a PAID IN FULL status of the said account. My Capital One Auto Finance online account has had many errors since the debt has been satisfied. One of the screen shots I have showed that my account was past due and that I still owed the principal balance. However, Capital One Auto Finance recent screenshots show that I have a balance of {$450.00} even after debt has been satisfied. I am continuously violated by Capital One Auto Finance and will sue for damages if this account is not fixed to XXXX balance and that my vehicle title is released immediately. I have called and spoke to several agents and nothing has been done to release of my property. You have also violated your oath of office as a banker by not sending me the proper accounting on this account showing a XXXX balance. This letter also serves as a notice that your accounting contains errors on this account as my EFT # _________ paid off the debt of {$38000.00} on XX/XX/2023 and you have not sent me the FREE & CLEAR title in timely notice of the accounting of the debt paid in full. Let me remind you of this law contained at 15 USC Section 1693 a-f which basically says that I am entitled to triple damages if I show that your bank is operating in bad faith by not crediting my account timely with an EFT payment. 15 USC Section 1693 a-f ( a ) Notification to financial institution of error -- If a financial institution, within sixty days after having transmitted to a consumer documentation pursuant to section 1693d ( a ), ( c ), or ( d ) of this title or notification pursuant to section 1693d ( b ) of this title, receives oral or written notice in which the consumer ( 1 ) sets forth or otherwise enables the financial institution to identify the name and account number of the consumer ; ( 2 ) indicates the consumers belief that the documentation, or, in the case of notification pursuant to section 1693d ( b ) of this title, the consumers account, contains an error and the amount of such error; and ( 3 ) sets forth the reasons for the consumers belief ( where applicable ) that an error has occurred, the financial institution shall investigate the alleged error, determine whether an error has occurred, and report or mail the results of such investigation and determination to the consumer within ten business days. The financial institution may require written confirmation to be provided to it within ten business days of an oral notification of error if, when the oral notification is made, the consumer is advised of such requirement and the address to which such confirmation should be sent. A financial institution which requires written confirmation in accordance with the previous sentence need not provisionally recredit a consumers account in accordance with subsection ( c ) of this section, nor shall the financial institution be liable under subsection ( e ) of this section if the written confirmation is not received within the ten-day period referred to in the previous sentence. ( e ) Treble damages -- If in any action under section 1693m [ 1 ] of this title, the court finds that ( 1 ) the financial institution did not provisionally recredit a consumers account within the ten-day period specified in subsection ( c ) of this section, and the financial institution ( A ) did not make a good faith investigation of the alleged error, or ( B ) did not have a reasonable basis for believing that the consumers account was not in error; or ( 2 ) the financial institution knowingly and willfully concluded that the consumers account was not in error when such conclusion could not reasonably have been drawn from the evidence available to the financial institution at the time of its investigation, then the consumer shall be entitled to treble damages determined under section 1693m ( a ) ( 1 ) [ 1 ] of this title. ( f ) Acts constituting error For the purpose of this section, an error consists of ( 3 ) the omission from a periodic statement of an electronic fund transfer affecting the consumers account which should have been included ;
Company Response:
State: MD
Zip: 20874
Submitted Via: Web
Date Sent: 2023-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-27
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Those payments were made on time. I am requesting that the late payment markings be updated to reflect my accurate payment history. If there is any confusion, I suggest you contact myself or the customer service representative of the said accounts. CAPITAL ONE XXXX CAPITAL ONE XXXX XXXX CAPITAL ONE XXXX were reflected as late payments on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is 100 % true, accurate & correct.
Company Response:
State: CA
Zip: 90260
Submitted Via: Web
Date Sent: 2023-09-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I have been a CapitalOne credit card holder for 20+ years. The interest rate being charged right now is 25.24 %. Quite often - I pay off my credit card every month but recently - what with the very high cost of living these days - unfortunately I've now had to carry a balance. Being retired and on a fixed income - this rather high interest rate is making it a bit difficult to make any progress on my balance. I've requested the company lower my interest rate - especially since my credit score is in the 'excellent ' category at XXXX They've repeatedly told me no- they do not have the ability to lower the interest rate being charged on my card. I find this unacceptable. Have they not received a ton of money from me already in the 20+ years I've been with them? How can this be legal to charge such an exorbitant interest rate amount?
Company Response:
State: CO
Zip: 80134
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Incorrect information on your report
Subissue: Personal information incorrect
Consumer Complaint: The name on the account is incorrect. I have tried to fix the issue with the company or to see when this account was opened, but I have not been successful. I request my account be deleted and updated on all 3 credit bureaus, since it is not me and the has false information is negatively impacting my credit score.
Company Response:
State: CA
Zip: 93611
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I have been trying to make payments on my capital one credit card. On the following dates XX/XX/2023 XX/XX/2023 XX/XX/2023 XX/XX/2023 XX/XX/2023 XX/XX/2023 Not one of these payments have went through. The account number and routing number are correct. I have tried over and over to pay these bills and now my account is closed and due to this activity my credit score have been affected tremendously. Very disappointed with Capital One. This has ruined a future for me trying to provide my family with their very first home.
Company Response:
State: NC
Zip: 278XX
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I tried to pay my XXXX XXXX XXXX card on line ... My info was lock, I called the number provided but its a third world country with a broken XXXX. speaking person who I can't communicate with or het my problem resolved ... two weeks later I was still having the same problem so ... .. so I wrote a personal check cut up my card and included a note telling the company of my displeasure and no assistance that could help and suggesting they XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ... ..this caused CITIBANK to get upset and refuse my payment which will be late as of XXXX XX/XX/2023. I sent a payment of {$990.00} via check but over a week later they refuse to cash it and close out my account .... I now assume they will delay and delay and charge me a late fee and ding my credit report which should be illegal.I have warned the Company of my report to the FTC and a possible law suit in response to their refusal to accept my payment..... Just wanted a paper trail so when they do their dirty deed I have proof of my attempt to settle my account
Company Response:
State: CO
Zip: 804XX
Submitted Via: Web
Date Sent: 2023-10-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Incorrect information on your report
Subissue: Information is missing that should be on the report
Consumer Complaint: Capital One hasn't reported my credit card payment history to XXXX since 2013
Company Response:
State: GA
Zip: 306XX
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: This complaint is being sent to you in response to a listing on my credit report. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act., 15 USC 1692G ( Section 809 ) that your claim is disputed, and validation is requested. I must demand proof of this debt, specifically the alleged contract or any other instrument bearing my signature, as well as proof of your authority in this matter. Absent of such proof, you must correct any erroneous reports of this past debt as mine. I ask you to provide the following information 1. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( F ) in this alleged matter? 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state? 5. Please evidence proof of the alleged debt, specifically the alleged contract or other instruments bearing my signature? 6. Please provide a complete account history, including any charges added to this collection agency or any account? 7. List of all names and contact information of all employees that was spoke to regarding this account or collection? You have thirty ( 30 ) days from the receipt of this notice to respond. Your failure to response, on point in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume you have placed this on my credit report in error and that this matter is permanently closed. Provide the proof or correct the record and remove this invalid debt from all sources to which you have reported it. For the purpose of 15 USC 1692 et seq, this notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This notice is an attempt to correct your records, and any information received from you will be collected as evidence should further action be deemed necessary. This is a request for information only, and is not a statement, election or waiver of status XXXX XXXX
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Repossession
Subissue: Lender trying to repossess or disable the vehicle
Consumer Complaint: On XX/XX/XXXX, I made the final payment on my auto loan for the XXXX XXXX XXXX with XXXX XXXX. I received a letter from CapitalOne around XX/XX/XXXX or XXXX stating that the truck was paid in full and that the title would be released once the payment was finalized. In small print at the bottom of the letter it says that CapitalOne would not release the lien if anything happened with the payment. Given that CapitalOne removed the lien by signing the title on XX/XX/XXXX, that clearly proves that the payment did indeed clear. CapitalOne then repossessed the vehicle on XX/XX/XXXX, which I did not get my title in the mail until after it was too late to get the truck as it did not arrive until the following week. By that time CapitalOne had already shipped the truck to auction, even though they can not legally sell the truck because they do no legally own it. Which is also why they have not sold it yet a month later. They have done everything they could do in order to make my life harder, just because they refuse to accept the fact that they are the only criminals here. They have been trying to get me to commit suicide with every call, refusing to answer simple questions and refusing to meet my demands for information as well as cheering the idea of me killing myself on. The amount of mental duress they have put me under is insurmountable here, all to keep from accepting responsibility for their actions. A demand letter was sent to CapitalOne on XX/XX/XXXX demanding immediate return of he truck or proof that the payment did not clear within XXXX business days. CapitalOne has yet to respond to that request. They sent me a letter dated XX/XX/XXXX stating that they tried to call me, yet I have no missed calls or voicemails from them. The letter asked me to contact them immediately, when I did they hung up on me multiple times and refused to answer my questions. They claimed to have left voicemails when they call as well, which was a complete lie. I have been on the phone with them for multiple hours today alone, countless hours over the past 6 months as they refuse to prove that there ever was a legitimate loan here to begin with as they have not been able to prove that I am the debtor here or where this money came from to begin with since CapitalOne can not lawfully lend credit since it has no real potential to create any, only we do. I can not borrow from myself and unless CapitalOne can prove that they funded the loan then they coudl never prove I was the debtor. Which is also proven by the title I hold in my hands as there never was a legal loan here to begin with. The amount of XXXX suffering CapitalOne has created for a person like me, who is already born with with a XXXX to make my life harder than it needs to be, will not go unexcused here. Law is the law and they will abide by it if they like it or not.
Company Response:
State: MS
Zip: 38801
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-26
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: On XX/XX/XXXX, I went to Capital One 's pre-approval website to see what kind of credit card they would offer me. I did this on other lenders sites around the same time to compare offers. I was able to accept the offer with a credit limit of {$3000.00} and from my memory I was offered a 0 % APR introductory period of 12 months. My understanding was that I would not begin being assesed interest until exactly one year from the date of my account creation. On XX/XX/XXXX, I was assessed an interest charge of {$75.00}, which came as a major shock ( I had never received an interest charge on the account before this date, despite carrying a balance on the card every month ). I contacted their customer service as soon as I noticed the charge on XX/XX/XXXX. I spoke with one representative who informed me that she did not have access to view the information of what my introductory offer was. This representative was able to confirm my account opening date of XX/XX/XXXX. I requested to speak with a supervisor due to the fact that the front-line associate did not have the information I needed to be able to resolve my concern. I then reached a supervisor by the name of XXXX ( spelling may be different ). We had a friendly conversation where I again, voiced my concern and was met with many policies and procedures that would not resolve my concern in what most people would consider a timely manner. The recurring point that XXXX made, despite my adamant nature to get this resolved, was that I could request my customer agreement ( which she said would have the introductory offer within this document ) from Capital One. She stated that it would take up to 30 days to produce the document and that I should allow up to an additional 10 days for the standard mailing times. My thoughts at this point were there was no way for me to resolve this before another interest charge and by that point the offer would have ended on XX/XX/XXXX... I also asked XXXX if she would be able to refund the interest charge, she stated that there were many factors that prevented her from refunding the charge in question. When I asked what the factors were, she informed me that it was against Capital One policy to disclose that information to clients. My biggest concerns here are that the initial agreement was not upheld. Then, when I tried to resolve this initial concern, that I was met with tremendous pushback and the customer service associates could not even publish or find the information needed that they should have to resolve this. It was then put on me to make requests for the initial agreement and investigate further. It should not be my job as the consumer to investigate and produce proof of what should already be recorded in their system. The information should also be readily available for their customer service reps to resolve these types of concerns. This situation was dishonest and unprofessional on Capital One 's part and no consumer should have to be put through this.
Company Response:
State: TX
Zip: 75074
Submitted Via: Web
Date Sent: 2023-09-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A