Date Received: 2023-09-12
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: I have attached an OCC investigation complaint. My accounts were closed illegally violating multiple consumer laws. 15 usc 1666a, 15 usc 1666b2, 15 usc1666e. Accounts can not be close for reporting a billing error. I received no documentary evidence pursuant to 15 usc 44. Pursuant to 1681a ( 2 ) ( A ) ( i ) a credit report containing information solely as to transactions or experiences between the consumer and the person making the report should be EXCLUDED. I requested that these accounts be removed and they have not done so. Pursuant to 15 usc 1666d If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and legder entires of the account from the date of account opening as described in Publication IRS 583.
Company Response:
State: GA
Zip: 30044
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I recently was a victim of a car burglary Case number XXXX XXXX with the XXXX XXXX XXXX. Numerous items were stolen from my vehicle such as my personal identification ( SSN ), financial documents, driver license, including but not limited to my laptop which has all my passwords saved on it. Along with several credit cards, it. I lost access to my personal information and encountered several compromised accounts. this has resulted in fraudlent activity on a multitude of financial and many attempts to further compromise me. I had to dispute due to fraudenlent activity a total of 24 transaction that went through along with numerous others that were attempted by an individual utilizing my capitol one stolen Credit card ( s ). which resulted in numerous credits as they undergo investigation further more I recently paid my balance in full for the account which including a late fee and 2 months worth of interest charges on the XXXX of XXXX before my cards were unknowningly compromised. However ; I was recently still charged interest on the full balance of the account for the charges that were disputed and flagged and it was stated the reason being was because capitol one will charge interest for consective months until ( 2 ) successful full payments are made. I further disputed how I could owe and pay a payment on a XXXX dollar balance if it's paid in full and was denied access to the terms suggestion other wise
Company Response:
State: TX
Zip: 78254
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Fees or interest
Subissue: Charged too much interest
Consumer Complaint: I had a credit card with capital one for many years. On XX/XX/XXXX paid off my total balance of XXXX and closed the acct. The last charge I had on the card was {$8.00} on XX/XX/XXXX. I got a bill in the mail for {$84.00}. I called capital one and asked what the charge was for and they called it residual interest. But couldnt quite explain why it was {$84.00} after I paid my balance in full. I dont understand how they can charge residual interest on an act that was paid in full and closed!
Company Response:
State: FL
Zip: 32503
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XX/XX/2023, I went to a car shop in nj to look at a car XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX they had told me I can get a loan better than the one my bank has given me I told them no Im okay, he asked again I said I dont want anymore hard pulls on my credit he them told me thats this wouldnt be a hard pull it would be a soft pull, he lied and capitol one made another hard pull on my credit after I just gotten my credit pulled by my bank and had a loan already
Company Response:
State: NY
Zip: 12304
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In XX/XX/2017 CAPITOL ONE AND ITS AFFILTIATES unlawfully repossessed my car and said that I had to pay additional funds to get my car back. The auto contract stated that I was purchasing the car on credit and therefore a finance charge was implemented. 15 U.S.C 1605 is a section in the TILA that explains a finance charge and details how built into the finance charge is an insurance that protects the lender in the event that the obligor defaults. Sometime during the agreement, I defaulted and what that simply means is that CAPTIOL ONE AUTO and its AFFILATES received the insurance money. Capital One Auto and affiliates took the fraud even further and placed negative information on my credit report harming the livelihood of myself and my family. This negative reporting has caused me to be denied for homeownership and other goods needed to live. Capital One Auto placed a charge off, which the IRS considers canceled debt, and income, on my consumer report. Income should not reflect on my consumer report. It is a violation of the FCRA to knowingly furnish false and misleading information. CAPITOL ONE AND ITS AFFILTIATES are inaccurately reporting this account. CAPITOL ONE AND ITS AFFILTIATES have committed TAX FRAUD. Capitol ONE AUTO has failed to properly remit a XXXX XXXX XXXX to the debtor after cancelling a debt. It also received income from the treasury on the certificate of indebtedness and from my monthly investing payments. 15 U.S.C 1681 a ( d ) ( 2 ) ( A ) ( i ), clearly states that transactions report containing information solely as to transactions or experiences between the consumer and the person/ corporation making the report is NOT included in the consumer report. However, Capitol One is reporting this information. The reporting of excluded information pursuant to 15 U.S.C 1681 a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of Metro 2 Compliance. Provide me with the Metro 2 compliance disclosure on reporting transactions to a consumer reporting agency. Capitol One is reporting collections/Charge-Offs, lates payments/ any other derogatory information in my consumer report is in violation of 26 U.S.C ss 6050P Returns Relating to the Cancellation of Indebtedness By Certain Entities. If the forementioned derogatory account information is not deleted from my consumer report in a timely manner and my finance charge returned I will be forced to officially file IRS form 3949A and 211 against all entities involved. I have proof that before and after you filed this cancelled debt, I paid you, according to the IRS 26 CFR 15a.453-1 ( 3 ), definition of payment and 26 CFR 15a.453-1 ( e ), CAPITOL ONE AND ITS AFFILTIATES were paid upon signing of the treasury security also known as a zero percent certificate of indebtedness. As an investor in this contract, I did not receive any good as the law requires. I made investments into this contract and lost money and property. This too is securities fraud. Please provide all documentary evidence from the public and the private side per the stipulations of Accounting Principles Generally Accepted in the United States ( GAAP ). As a shareholder I never received my end of the year reporting during the tenure period the vehicle was in my possession. I have requested a copy of the contract I signed and the documents displaying each monthly payment ( investment ) made on the security, I have not received these documents, I am requesting a copy, again. Please remit a copy of the XXXX as required by law and delete this income from my consumer report. As well as a payment in the amount {$11000.00} ( finance charge amount ) for the damages caused due to willful negligence by Capital One Auto Finance and its affiliates. If the agreement can not be met, I am also requesting the UCC-9 Secured Transaction disclosures as required by UCC 9-506 and UCC 9-611-616 that should have been signed by me during the repossession process. Or a signed copy of me waiving the rights to these disclosures and all previous documents requested herein. I have proof of all fraud committed and will submit this letter and proof to the IRS, SEC, CFPB, XXXX, FDIC, FFIEC, EGRRCPA, FINRA, ATTORNEY GENERAL XXXX XXXX, in addition to any other agency that regulate banks if this matter can not be settled in Good Faith and in a timely manner. CAPITOL ONE AUTO is a public trading company and according to the XXXX and their security agreement this must be heard in a court of equity and law.
Company Response:
State: GA
Zip: 30344
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: The debt collector failed to send communication regarding the debt, introduction of who they are, what the debt is for, and my right to dispute. They just appeared on my credit report without notice. They must abide by the regulations and validate the debt. This has not been done. How did this debt collector, even have access to my credit report without the proper protocols and regulations?
Company Response:
State: IL
Zip: 60619
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: capitol one is reporting negativity in my credit score this account was sold to other company
Company Response:
State: FL
Zip: 33901
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: I have been receiving harassing phone calls from Capital One Auto Finance up to three times a day, and they leave messages violating the 7-in-7 rule, where a creditor must not contact the person who owes them money more than seven times within a seven-day period. I spoke with a rep on XX/XX/XXXX and agreed to make a payment. I made the arrangement to for a payment to be made on XX/XX/XXXX, on today XX/XX/XXXX I have received 3 calls and two voicemails about the same account with the arrangement. I called to find out why they are harassing me with these robocalls from their dialer system. I spoke to an offshore rep who was clueless and transferred to a resolution specialist named XXXX ( Agent ID : XXXX, date XX/XX/XXXX ). started at XXXX XXXX EST and have been on hold for 1 hour and 27 minutes waiting to speak with a supervisor before I terminated the call. She never came back on the line to let me know about the wait time.
Company Response:
State: VA
Zip: 23462
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Repossession
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: Vehicle was repossessed and sold without my consent nor any information was given to me in regards to when the vehicle was resold and for how much it was sold for. Under the laws of Illinois UCC-9.506 and state RISA and MVISA statutes a deficiency can not be claimed unless all of the required notices were properly and timely given, and all of the allowable redemption and core time limits were adhered to.
Company Response:
State: IL
Zip: 60473
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-12
Issue: Problem caused by your funds being low
Subissue: Bounced checks or returned payments
Consumer Complaint: There was an issue with a check that I deposited from another account. Today I called as my checking was placed on hold. I was told by the perks that the account was now closed but they refused to provide details saying they will not explain why.
Company Response:
State: MA
Zip: 01803
Submitted Via: Web
Date Sent: 2023-09-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A