Date Received: 2023-09-13
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: i noticed some unauthorized inquirys on my credit report. I did not authorized any of the following : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: DE
Zip: 19810
Submitted Via: Web
Date Sent: 2023-09-14
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Repossession
Subissue: Account reinstatement or redemption after repossession
Consumer Complaint: Capital One Auto illegally repossessed my My vehicle by way of identity theft giving sensitive non public information to non affiliated third party, XXXX XXXX who is a non affiliated third party is now participating with Capital One Auto to collect a debt initiated by fraudulent activity. XXXX XXXX also gave sensitive non public information about me to a non affiliated third party a tow truck driver without my consent which resulted in illegal possession of my vehicle. Capital One Auto also took action without any order from the Court which is a violation of federal laws. Capital One Auto violated the following consumer law : 15 U.S.C 1692 F ( 6 ) Taking or threatening to take any non-judicial action to effect dispossession or disablement of property. 15 U.S.C 6802 ( B ) Opt out A financial institution may not disclose non public personal information to affiliate third party unless- ( A ) Such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of the title, that such third party : ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party. ( C ) The consumer is given an explanation of how the consumer can exercise that non-disclosure option. 15 U.S.C 1692e ( 10 ) The use of any false representation or deceptive means to collect debt or to obtain information concerning a consumer
Company Response:
State: FL
Zip: 33167
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: Capital One bank, they are an online banking system, so Im not sure the exact address. I put my address in because I cant find theyre address. I have it the problem with, which originated with a Company. I seen a contract with XXXX XXXX XXXX I believe the amount was {$420.00} for the actual contract date. I explain to the salesman on the phone that I had been drinking that day. I didnt want to conduct business until the next day he persuaded me into it. So I paid the money, the very next day I canceled through email on the phone they approve the cancellation and I became upset with him because he kept trying to resell me until finally I got mad and gave them a piece of my mind and then they told me they wouldnt do business with me anyways, I said good give me my money back. Not to sound unprofessional, however, I also signed a complaint. Im sorry I signed a cancellation form digitally and emailed it to them as well. I was asking for an address to send it in, but they had already resolved even over the phone that I was canceled. I called my bank to let them know, so they re-issued my money back on the dispute. I sent the bank proof of information through email that I canceled so I thought I was OK. And then a couple weeks or so later maybe a month I woke up and seen they had given the money back to XXXX XXXX XXXX XXXX I think they had some confusion because XXXX showed them a signed contract and I think thats why they gave it back, but the bank themselves disregarded the fact that I had proof of cancellation. XXXX XXXX XXXX advertises 15 calendar day full refund. I was well within that statute. I literally called the next day to cancel. Took me a minute to figure out how to sign the form online and just send it in for the cancellation which I will include in documents. The bank cross the line by giving them the money back, everything is outsourced to the XXXX so communication is not always appropriate to the laws here as I understand them. XXXX offered to give me half my money back immediately, well, I was provided. No further assistance when I canceled so I want a full refund obviously and appropriately. I have a problem with both institutions if you could forward a copy of this to the appropriate party also that would deal with XXXX directly that would be great. But the bank crossed the line by not following the guidelines with my cancellation. They just looked at the contract and said oh you had a contract so were going to give them their money back. I canceled well within the range of my cancellation. They also agreed to it on the phone and they record all phone calls with XXXX XXXX XXXX. Now I have an issue with the bank because I verified my cancellation with them and they still gave my money back so now I am appealed a case with the bank that is re-opened. However, I need to go through this financial bureau to get this settled. I believe the bank is completely in the wrong and so is XXXX XXXX XXXX. I work as a project manager with construction, I dont care if its after the cancellation. Or not if a customer has some thing that come up I ripped the contract up and sent it back. That is not the case or I was well within range of cancellation and theyre trying to keep the money from the date of contract.
Company Response:
State: SC
Zip: 294XX
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: The companies broke the law and violated 15 USC 1681 ( a ) ( 1 ) & 15 USC 1681 ( e ) maximum accuracy compliance and procedure they hired, TransUnion who are furnishing inaccurate and unverified information on my consumer report. You're currently using 0 % of your account 's limit. Balance {$0.00} Credit limit XXXX XXXX Monthly payment {$0.00} Opened XXXX XXXX, XXXX ( 4 yrs, 10 mos ) Payment History Last payment XXXX. XXXX, XXXX Current Payment Status In Collections/Charge-off Amount past due {$0.00} Worst Payment Status. No Info Account Details Account status Paid Type Credit Card Responsibility Individual Remarks Payment after charge off/collection Settled - less than full balance Times XX/XX/XXXX days late XXXX Closed XXXX XXXX, XXXX Creditor Information CAPITAL ONE XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX Reported : XXXX XXXX, XXXX {$830.00} Needs Attention Overview You have 100 % left to pay on this collection. Balance {$830.00} Highest Balance {$830.00} Opened XXXX XXXX, XXXX ( 4 yrs ) Account status Open Type Derogatory Responsibility Individual Remarks Dispute resolved ; customer disagrees Original Creditor Name XXXX XXXX XXXX Closed No Info Creditor Information XXXX XXXX XXXX XXXXXXXX XXXX XXXX, VA XXXX ( XXXX ) XXXX Original creditors this is make me lose confidence in the banking system to those violations. I the consumer does not grant. XXXX the permissions to furnish these inaccurate reports I demand that they deleted this account from my consumer report, in accordance with the Fair Credit Reporting ACT convergent XXXX has violated my right. 15 USC 1681 section 602A. States I have right to privacy 15 USC 1681 section 602A section2 : It also states a consumer reporting agency can not furnish an account without my written instructions.
Company Response:
State: NY
Zip: 11210
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: As instructed by us, Capital One debited our account on XX/XX/XXXX to pay a credit card bill. The credit card company ( also Capital One ) claims it never received the payment. One day in XXXX we were on the phone with Capital One bank for over an hour, at the end of which we were told that the debited amount would be recredited to our account. As of today ( XXXX ), this has still not happened. Meanwhile, we are getting nasty notices from the credit card company. We will pay our bill once, but not twice. Please help.
Company Response:
State: MD
Zip: 20850
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Credit monitoring or identity theft protection services
Subissue: Problem canceling credit monitoring or identify theft protection service
Consumer Complaint: I pulled my credit reports and found a person named : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Has been using my social security information or credit on the dark web!!! I want this to be investigated and I want this information to be removed Along with the things hes applied for using my information and I want him persecuted to THE FULL EXTENT OF THE LAW!!! He has stole my information for credit gain purposes and need the negative information with the companies and collections hes imposed on my credit reports!
Company Response:
State: FL
Zip: 32778
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ) clearly states that transactions between the consumer and the Person/Corporation making the report is NOT included on the consumer report. Yet XXXX is reporting information of transactions between the consumer. The reporting of excluded information pursuant to 15 USC 168a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of XXXX compliance. Provide me with the XXXX compliance disclosure on reporting transactions to a consumer reporting agency. I need the transactions reporting as late, collection/charge-off status and any other derogatory information deleted from my consumer reports effective immediately. Before replying that this account has been validated, lets be very clear that I am not asking you to validate or verify anything. So please do not respond by telling me that as a tactic to waste my valuable time. Some of the negative accounts have been placed in Collection/Charge-Off status WITHOUT mailing me a copy of IRS form 1099-C Cancellation of Debt. XXXX and the creditors reporting collections/charge-offs, late payments/other derogatory information on my consumer reports are in violation of 26 USC ss 6050P Returns Relating to the Cancellation of Indebtness by the Certain Entities. If this derogatory account information is not deleted from my consumer reports within 30 days, I will be forced to officially file IRS form 3949A : Information Referral AND IRS form 211 : Application for Award for Original Information Overview with the Internal Revenue Service against ALL entities involved.
Company Response:
State: MI
Zip: 48221
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The Kohls store card is managed by Capital One. Kohls/Capital One is inaccurately reporting my account as delinquent to the credit bureaus when I have lawfully requested a discharge or mutual offset of the account balance. Kohls/ Capital One is in dishonor and estopped from further collection and negative credit reporting for their default in refusing to provide a notice of dishonor from a qualified third party such as the US Treasury upon request. All of the prior notices such as acceptance for value, and exhibits/ affidavits clearly state the federal laws such as 18 USC 8 ( Obligation or other security of the United States ) and HJR 192 of 1933 ( Suspension of the gold standard ) that allow credit card balances to be discharged through the US Treasury . Kohls/ Capital One has not been able to refute this information/ laws. Instead Kohls/Capital One has kept the 1099A accounting document which I submitted to them and they have refused to discharge or mutual offset the account. Kohls/Capital One stated they could not accept the payment method which is a violation of UCC 3-603 ( 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 ( XXXX XXXX XXXXXXXX ) I am also requesting a copy of the forms 1096, 1099, OID, INC, and PRC which financial institutions such as Capital One use to claim exemptions for account holders without the account holders knowledge. These documents should prove that the financial institution such as Capital One is the fiduciary debtor. Therefore based on my various written requests via certified mail Kohls/ Capital One should have applied to have my account balance discharged or mutually offset to XXXX through the US Treasury . As a result this Kohls/ Capital One account is not delinquent and the balance should have already been set to XXXX as these requests have been made over 60 days ago. Kohls/Capital One also violated 15 USC 1666b by reporting the account as late and refusing to remove the late fee. 15 USC 1666 ( b ) states ( a ) TIME TO MAKE PAYMENTS A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: NJ
Zip: 073XX
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
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: I ordered this phone in XX/XX/XXXX. It was marked delivered several days after and I immediately opened a claim with XXXX and XXXX as the phone was not on my porch. Weeks went by and while I was refunded, I was subsequently rebilled by Capital One as the tracking number showed the parcel had been scanned to my regional facility. After a few months -- on XX/XX/XXXX, XXXX responded to my claim and I was able to pick up the device I ordered in XXXX. The issue is however, is that XXXX has locked the phone since I opened a claim and despite opening a dispute with Capital One I am still on the hook for the charges with a device that is unusable. This is my first ever chargeback and was sure that Capital One would have supported me however I must file this complaint due to my thorough dispute claims being ignored. -- UPDATE : This device was received on XX/XX/XXXX and it took about 2 weeks for XXXX to initiate a return exception after they realized this was a huge issue. After this, a label was sent to me and I took the device to XXXX XXXX. It was successfully returned to XXXX on XX/XX/XXXX at XXXX XXXX as you can see from the supervisor 's ( XXXX XXXX ) correspondence with me [ Tracking number XXXX ]. After this was completed, they told me I was responsible for contacting the bank as technically XXXX had refunded me but because I had lost the dispute the money was in control by Capital One. My account was marked fraudulent and I could not communicate with them without using an alternative phone number despite this being my first and only issue with this card in 11 years. I am so frustrated as to how this was able to happen and how out of my hands this is. In the initial dispute with XXXX I still did not have the device in my possession but Capital One refuses to re-open the dispute despite my evidence overwhelmingly showing that the company made a mistake...
Company Response:
State: NC
Zip: 275XX
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-13
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 the 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 credit plan as late for 945k purpose.
Company Response:
State: TX
Zip: 75241
Submitted Via: Web
Date Sent: 2023-09-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A