Date Received: 2023-09-09
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Capital One | Spark Business Account XXXX XXXX XXXX XXXX XXXX XXXX In accordance to the fair credit reporting act XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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 U.S. Code 1681a - Definitions ; rules of construction - Exclusions.-Except as provided in paragraph the term " consumer report '' does not include-any report containing information solely as transactions or experiences between the consumer and the person making the report ; 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 purpose.
Company Response:
State: FL
Zip: 33023
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Getting a loan or lease
Subissue: Confusing or misleading advertising or marketing
Consumer Complaint: they sent me a letter in the mail saying i was preapproved for a car at XXXX XXXX and when i tried to get a vehicle they did not want to finance the vehicle.
Company Response:
State: CO
Zip: 80910
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Old debt from XXXX, that I acknowledge with Capital One. Made arrangements to pay collection attorney. After several payments on XXXX XXXX XXXX web portal to pay were made. I started receiving letters that payments were declined. This was impossible since I paid from my personal checking account that had funds to cover bills specifically. Called several times, nothing. Pretty much told it was my fault. I called XXXX XXXX XXXX to confirm that it wasn't a problem on my end. They confirmed their was no history on the dates I made payments on XXXX portal even though I had a receipt. Meanwhile the balance is remaining large. They sent settlement letters with higher amounts. I retained a lawyer in hopes of agreeing to a reasonable amount I can afford and was basically told No. I am able to pay no more than {$600.00}, and consider paid in full. With the expectation of updating to this status with ALL 3 credit bureaus. As well as receive documentation of this arrangement. Paid in full at no more than {$600.00}.
Company Response:
State: VA
Zip: 23228
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Back in XX/XX/2023 {$300.00} Dollars was Stolen from my Account, Capital One 360 Checking accout XXXX ( Victim of Identity Theft ). I reported it to Capital One Bank I say around or between the XXXX or XXXX of XXXX. Capital Bank Closed my account and Denied my Claim. I reposted also to The Federal Trade Commission, Call my Locate Police Dept here in Texas Case Number XXXX XX/XX/2023, trying to prove to them, I didn't Still my own Money, the XXXX Tx PD instructed me to give them this number " they usually will give you your money back if you give them this case number ''. That Never happened. I have sense comtacted XXXX XXXX XXXX over a Dozen times after they Closed my Account and Denied my claim, I even requested a Rebutial, They never Give me a Reason for the Dential of of the original Claim. Sense then the have been given the run around, after not excepting they way they where treating me and this claim the Flat out Told Me the There decision from the orginal Claim Stands With no Reason and after there So call rebuttal Filing... Again I filed the report with FTC, and Filed a Complaint with OCC and they referred my to you CFPB.
Company Response:
State: TX
Zip: 76502
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I have never been late and I am demanding to see proof that I was pursuant to the following federal laws ; 12 CFR 1026.13 - Billing error resolution. ( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan. ( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8. ( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed. ( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account. ( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor. ( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence. ( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. ( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error. ( c ) Time for resolution ; general procedures. ( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice. ( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date. ( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. ( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. ( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section. ( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. ( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable. ( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report. ( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error. ( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction. 15 U.S. Code 1666b - Timing of payments ( 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, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates.
Company Response:
State: PA
Zip: 18702
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: I previously filed a complaint against XXXX XXXX and they said they would investigate the issue. I had an account with Capital One that was closed on XXXX. After falling behind, I was eventually able to pay the account off in full and had the account closed. Portfolio Recovery stated they purchased the account from Capital one in XXXX and Capital One Confirmed to me directly and never responded through the CFPB Complaint that they had sold the account to Portfolio Recovery. I submitted proof from my credit Report to XXXX XXXX, showing the account was paid in full and closed on my request. XXXX responded that they would investigate the issue, but didn't despite claiming they did. I filed a dispute with the XXXX XXXX XXXX about the original account in question against Capital One and XXXX confirmed the account was paid and closed. So XXXX never had any intentions to stop illegally trying to collect a debt that never existed. They then, Closed the collection account contained in XXXX, but the closed account still negatively reports a debt that never existed and I'm unable to dispute it, because it's not in collection, but still negatively harms my credit and left the collection accounts in the XXXX reporting agencies open. This company is hell-bent on making me pay for a non-existent debt or make me financially suffer for not paying something I don't owe. They are literally extorting me. I ask that CFPB intervene at this point. Capital One has not cooperated with CFPB and XXXX has no interest in obeying the law, but rather giving lip service. The lies and deceit by this company should not be allowed and they should be heavily fined and or sued by the CFPB.
Company Response:
State: FL
Zip: 33541
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
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 made a purchase XX/XX/XXXX, returned item scanned by carrier with tracking XX/XX/XXXX. This is verified on vendor website and is shown received XX/XX/XXXX. Vendor notes receipt to warehouse on XX/XX/XXXX and I confirmed with vendor via recorded call. The bank claims that the vendor is saying they did not receive goods, although I provided 12 screenshots from vendor website which track progress of item being received, scanned, classified as returned and " refunded '', emails from the vendor acknowledging receipt of goods, and vendor noting on the website that a " refund '' has been made. Vendor says I must get refund from bank. I have spent hours on the phone. I sent 12 screenshots to the bank via the link with case number that the bank sent me, documentation via regular mail back to bank that they sent me, and the bank is now saying that the case number that they sent me won't work and I have to repeat the process after hours and hours of recorded calls with them. I have spent hours on the phone with vendor and have dozens of emails, despite tracking and website screenshots showing the return. Please see chronology of events below. *First Capital One made an error on XX/XX/XXXX ( reference letter ) charging me back {$490.00}, for the entire order amount. I did not return the entire order. Instead, the matter in dispute was {$350.00}. Why Capital One charged me back {$490.00} remains a mystery. XXXX made a purchase with a vendor and returned an item valued at {$350.00} on XX/XX/XXXX. It was scanned in by the carrier and acknowledged on the vendor website. *The vendor has a " Refund at first scan '' policy which I was expecting to avail myself of. XXXX watched for the refund and after several weeks still didn't ' have it. I tracked the progress, noting that the vendor had scanned the item in, and received emails from XXXX customer service confirming. *After nearly 4 weeks without a refund, I called Capital One to ask for assistance. The agent credited me back the subtotal, on XX/XX/XXXX ( {$320.00} ), and I called back on XX/XX/XXXX to ask for the remaining amount of purchase ( {$31.00} ) for the total return amount of {$350.00} *The vendor acknowledges return and credited me, but just for the tax (??? ) *Capital One charged me back for the subtotal and the tax ****I called Capital One and the agent told me that XXXX said they had NOT received the item ****I called XXXX and they said I had to speak to my credit card to wait for credit ****I have more than a dozen screenshots and additional emails proving that I sent the item back, tracking number proving that the vendor received the item, emails that substantiate that the vendor received the item ; all of which I provided to Capital One when I was sent a link from your customer service on XX/XX/XXXX. *When I called back today after nothing that I wasn't credited after sending significant proof of return, I was forced to spend nearly an hour and a half repeating my situation and told by XXXX XXXX XXXX and XXXX that my case ending XXXX was void. The paperwork I sent via mail, and via email link could not be used! I would have to resubmit all documentation under case XXXX, a case number I had never heard of, nor gotten requests to address. This is egregious. I have significant proof which I can provide.
Company Response:
State: CA
Zip: 90049
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Today XX/XX/XXXX the financial business check my credit score without my permission and XXXX XXXX XXXX XXXX do the same two times without my permission and this was affecting my credit score
Company Response:
State: NY
Zip: 11758
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Unable to get your credit report or credit score
Subissue: Other problem getting your report or credit score
Consumer Complaint: Im not getting the right updates and information about my credit score activities, and alerts that I asked about credit wise Tell I downloaded XXXX
Company Response:
State: CA
Zip: 91752
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I made my payment through my bank on XX/XX/2023 and my bank shows the funds were withdrawn on XX/XX/2023. Capitol One is holding my payment until XX/XX/2023 to ensure that the funds are not returned. If my bank released the funds and I did a bank to bank transfer no check required, why are they holding my funds? Do they make interest on my money that they are holding? Just curious how they can hold my funds hostage. Thank you for your help. Capitol One representative stated that once a relationship is established with my bank then they might not hold the funds for as long ; they will still hold my funds just for a shorter time period POSSIBLY. My bank is a national bank - I would think they have a relationship with Capitol One already.
Company Response:
State: MD
Zip: 21060
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A