Date Received: 2023-09-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I can not be late on an open end consumer credit plan and I have been marked as late several times by this company. These " late payments '' are in the way of me getting approved for other credit cards and is lowering my credit score. I demand that its corrected pursuant to : 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: NJ
Zip: 07087
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: I had fraudulent charges on my Capital One Debit card and the amount of {$200.00} was never reversed or issued back to my account. *This happened over a year ago and I tried everything to resolve this issue from : 1. ) First working exclusively with the bank teller at my local branch. 2. ) Then writing a letter to Capital One 's headquarters in Virginia addressed to " The Office of the President ''. I did receive a voicemail response from XXXX ( Management Staff ) however, we kept playing phone tag and he never followed up again, nor did I ever receive a written response in regard to my letter. 3. ) Working with the branch manager and district manager, and NO-ONE could help me to resolve this issue. On two ( 2 ) separate occasions, there were attempted charges on my Capital One Debit Card. XX/XX/2022 - {$160.00} and {$320.00}. These charges were reversed. XX/XX/2022 - a charge of {$500.00} was reversed, however the {$200.00} charge was not, and this does not make any sense to me. These attempted charges were made at XXXX in XXXX, NY on XXXX 's XXXX, XX/XX/2022 when I was with my family that day. After going back-and-forth for months dealing with this issue, especially at my local branch with the teller and branch manager, I gave up in XX/XX/2022. However this whole situation has never sat right with me and it just has been an awful experience. I have attached the letter that I wrote to Capital One Headquarters for your review. I have also attached the notes that I kept when I visited my local branch. Thank you so much for taking the time to review all of this information. I look forward to your reply.
Company Response:
State: NY
Zip: 11542
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Problem with a company's investigation into an existing problem
Subissue: Difficulty submitting a dispute or getting information about a dispute over the phone
Consumer Complaint: XXXX, Capitol One did a *Hard Inquiry '' on my credit and it was supposed to be a soft inquiry not effecting my credit score but it did. I went online to file a complaint with XXXX and you can not do it there you must call I did and the automated system refuses to allow you to speak with a live person. The options i needed to dispute wasn't available so it kept pushing me back into the main menu. This happened over and over again. I am frustrated Capitol One sent me a " Pre-approval with confirmation number for a XXXX XXXX XXXX then said a soft inquiry would be done.. Not only was i not pre-approved but it wasn't a soft inquiry im now dropped points for a scam.
Company Response:
State: FL
Zip: 327XX
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: 15USC 1681 SECTION 602 states I have the right of privacy. 15 USC 1681 SECTION 604 A Section 2.. It also states a consumer reporting agency can not furnish an 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 payment for any purpose. I am demanding this account be updated to paid as agreed and never late. Creditors Name : Capital One Account Number : XXXX Date of Late Payment : XX/XX/XXXX, XX/XX/XXXX
Company Response:
State: FL
Zip: 349XX
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: Capitol One cut off my account for no legitimate reason. My account was paid in full and I have hundreds of thousands of reward points. They sent me a letter telling me that they were closing my account and I would forfeit the rewards points. I contacted them multiple times. They asked for my drivers license. I have faxed the license, mailed the license and emailed the license through a secure link. They have told me that they did not get the fax, that they could not read the numbers. They have told me that they would remove the restriction, but then when I went to use the account, the charges would not go through. This problem has been going on since XX/XX/2023. It is an endless run-around, long hold times and total XXXXwhen I call. I want my account restored so I do not loose my rewards points. They want to steal my rewards points by cancelling the account. I have asked multiple representatives to identify the specific fraudulent activity on the account, and they can not identify anything- they are speechless. The customer service is terrible.
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: On XX/XX/2023 my automatic withdrawal for the minimum payment of {$20.00} came out of my checking account to pay my Capital One credit card. On XX/XX/2023 another automatic payment of {$25.00} was cancelled by Capital One and I was charged a {$25.00} late fee that same day. On XX/XX/2023 I spoke to a representative to resolve the issue and was told he could not do anything about the late fee or reverse it due to the system. I requested to speak to a supervisor and spoke to the supervisor who proceeded to tell me that he could not wave the late fee because they received my payment on XX/XX/2023. Neither representative explained why I was charged a late fee. Upon further investigation it was found that Capital One 's automatic payment system is not correctly withdrawing the minimum payment. It took out {$20.00} instead of the increased amount of {$40.00}. My payment is automatically withdrawn from my checking account every month for the minimum payment on the XXXX.
Company Response:
State: TN
Zip: 37027
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I have not recieved any verification that this was of my doing. I did not authorize these inquires nor signed documentation to have credit report pulled and it has been over 90 days. laws in 15 USC 1692 have been violated by the company 's actions and i request you to remove these hard inquires from all bureaus immediately.
Company Response:
State: SC
Zip: 295XX
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: these are unauthorized inquiries on my credit report from the following companies that i would like removed. information as follows cap one af XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: IL
Zip: 61822
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-07
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have a credit card with CAPITAL ONE, and I have always made my payments on time. For some reason, I realized that there was a late payment on my credit report, I called CAPITAL ONE and they said their system mistakenly put me on paperless billing, which I did not request, and it caused my 30-day late. As you can see, I have always had a stellar payment record. I tried contacting XXXX, XXXX, XXXX, and CAPITAL ONE with no successful resolution. XXXX, XXXX, and XXXX reported me 30 days late in XXXX of 2022 for XXXX and XX/XX/2022 for XXXX and XXXX. There was an error on their part. I was never 30 days late.
Company Response:
State: NV
Zip: 89122
Submitted Via: Web
Date Sent: 2023-09-07
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-06
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: On Friday, XX/XX/2023, there was a transaction for the amount of {$4900.00} that posted to my capital one account for XXXX XXXX XXXX XXXX. I filed a dispute with Capital one stating that this transaction was not made by me and they opened a dispute and temporarily credited my account. On XX/XX/2023 they re-debited my account for the same amount and did not provide an explanation. I am assuming that they are stating it was my charge since they re-debited my account. I filed a police report for this transaction ( attached below ) stating that this charge was made fraudulently on my account. Capital one needs to remove this charge permanently as I did not make this transaction as you can see in my statement on the police report.
Company Response:
State: CA
Zip: 949XX
Submitted Via: Web
Date Sent: 2023-09-06
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A