Date Received: 2023-08-15
Issue: Closing an account
Subissue: Can't close your account
Consumer Complaint: Four years ago, in 2019, I asked Capital One to close my XXXX XXXX XXXX checking account ending in XXXX. CapOne has nevertheless kept my account open all this time. I can not even access my balance. I even complained to CFPB previously ( see Complaint ID XXXX, attached for reference ). Recently CapOne had the gall to notify me that since my account 's had no activity for 24 months, CapOne intended to close my account and ESCHEAT MY BALANCE to a third party! ( Attached for reference ). That email gave me the supposed option of logging in to online banking to make a transaction. However, it's a fake option. When I logged in and attempted to link an external account so that I can transfer the funds, I repeatedly received an error message : " Oops, we've hit a snag! '' ( Attached for reference ). So CapOne is PREVENTING me from accessing my own funds. My mailing address has not changed over all these years, so CapOne has no excuse for not refunding my balance to ME. CapOne is holding my balance XXXX, and threatening to send it to someone else, which is unfair, deceptive and abusive. CapOne probably does this to many customers, and needs regulatory enforcement and a class action lawsuit to correct its practices and make customers whole.
Company Response:
State: VA
Zip: 22204
Submitted Via: Web
Date Sent: 2023-09-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Capital Auto One Finance continues to illegally furnish inaccurate and incorrect information to the consumer reporting agencies. The reporting of incorrect and inaccurate information has caused damage to my character, my status, and general mode of living. Obstructing the ability to obtain credit for personal and household commitments. The reporting has caused damage to my livelihood. According to, 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agencies if the person knows or has reasonable cause to believe that the information is inaccurate. Capital Auto One Finance was questioned of the billing error for additional fees with no explanation prior to XX/XX/2023. For Capital Auto One Finance to report inaccurate and prohibited information to the credit reporting agencies without notifying me. Therefore, remove the late payment dated XX/XX/2023 to XXXX, XXXX, and XXXX. Under the The Fair Credit Billing Act ( XXXX ) an amendment to the Truth in Lending Act ( TILA ) and protects consumers from unfair billing practices. Capital Auto One Finance is failing to notify me the appropriate disclosures and statements prior to 21 days. 15 U.S. Code 1637 Open End Consumer Credit Plans 15 U.S. Code 1637 ( a ) : ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact. ( 2 ) The method of determining the balance upon which a finance charge will be imposed. ( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge. ( 4 ) Where one or more periodic rates may be used to compute the finance charge, each such rate, the range of balances to which it is applicable, and the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year. ( 5 ) Identification of other charges which may be imposed as part of the plan, and their method of computation, in accordance with regulations of the Bureau. Lastly, according to 15 U.S.C. 1681a ( d ) Specifically, the term consumer report does not include : 1. A report containing information solely as to transactions or experiences between the consumer and the person making the report. Capital Auto One Finance has been furnishing transactional experiences between the consumer and Capital Auto One Finance to CRA " Credit Reporting Agencies '' The FCRA too explains 603 - 15 U.S.C. 1681a ( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business. '' Lastly, the timing of payments continues to be within a 15 day time frame from the due date. It is not sent out 21 days before the due date. 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. Capital Auto One Finance is failing to notify me the appropriate disclosures. The documents that were sent over are reflects a balance of {$710.00} dated 07/05/2023 which is not 21 days before the due date. Then another statement and it reflects a total of {$690.00} past due, plus additional fees {$370.00} and including the current payment of {$340.00}. Where, I have continued to question where is the itemization of the account to know how billing is occurring. Capital Auto One Finance has failed with delivering the timing of billing statements. Until, corrected or credited under Federal Law the consumers 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 ).
Company Response:
State: DE
Zip: 19805
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: i charge my credit card online with the transportation transfer from the airport in XXXX, XXXX to my hotel in XXXX in order to be pick up on Tuesday XXXXmy flight was delayed in XXXX, Nj due to the weather. and we arrived late at XXXX, NC XXXX and missed the connection flight to XXXX. we were able to take a flight to XXXX XXXX XXXX with XXXX XXXX arriving close to midnight, from the airport i tried unsuccessful to cancel or change the transfer but the system they have online did not allow me i also tried to call XXXX phone numbers listed but nobody answered i did tried to chat with them and nobody replied, I called from the airport where we have to slept overnight CAPITALONE credit card and explained my situation i issued a dispute and i was told no problem they gave the credit temporally but after a few days of investigation they reverse the charge .we were able to reach XXXX XXXX XXXX hours on XXXX .we didn't received the service that we are charge i haven't received the proper legal policy of cancelation from the merchant and the credit card company is not protecting the client by way XXXX XXXX and XXXX XXXX reimbursed us the entire fare after my written complaint i believe that the merchant in XXXX and CAPITAL ONE should do the same is only {$71.00} that was charge. MERCHANT NAME : XXXX and confirmation # XXXX.
Company Response:
State: NJ
Zip: 07205
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' CAPITAL ONE AUTO FINANCE is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' CAPITAL ONE AUTO FINANCE the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, CAPITAL ONE AUTO FINANCE whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' CAPITAL ONE AUTO FINANCE, Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: IL
Zip: 60490
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit reporting act Capital One Account XXXX has violated my rights. 15 USC 1681 Section 602 States that 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 a late for a purpose.
Company Response:
State: AR
Zip: 721XX
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I received a pre approval offer in the mail. I responded to the offer by applying and was approved for {$3000.00}. The card was issued and I used the card to purchase a book for school in the amount of {$200.00}. After the purchase I was notified that the account was suspended or restricted. When I contacted Capital One I was told I would need to identify myself. I did so by providing my social security card, driver license and passport after initially being told the driver license didnt pass and they told me my account was still restricted. I have checking and savings accounts with Capital One for over 10 years, from XXXX and do not understand how an account can be labeled as fraudulent and still be listed on my profile for my to access. How the same identification I use for the other accounts is acceptable but not for the credit card. How can an account Im responsible for is labeled as not my account. When trying to resolve this matter Capital One position has been held at " we cant do anything other than accept payments due to the restriction '' I received an offer to settle the account, when I followed up to accept the offer I was told by another employee that because the account is restricted its nothing that can be done. The interest rate is different from the offer received and responded to as well. They refuse to help and when I ask for someone who can help I am told they dont accept customers calls. They will not confirm anything in writing, will not provide contact information for a department who can assist. And refuse to send me the transcripts of my recorded calls.
Company Response:
State: FL
Zip: 33445
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
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 told the bank that I received a damaged order, and I tried to contact the merchant for a refund, and the merchant refused to issue a refund, so I contacted my bank to dispute the charge, but my bank has not been supportive on resolving the dispute with the merchant, so I am filing a complaint because I have had issue with this bank several times failing to resolve dispute
Company Response:
State: TX
Zip: 75050
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I have an account with Capital One credit card. I just found out that they have been charging me interest on a cash advance from 4 years ago. And the only way I can get that taken off my account, the cash advance, is to pay off my entire balance. Granted, if I'm being overcharged, it hasn't been a huge amount at {$5.00} to {$6.00} each month since the 2019 withdrawal. But while I have made late payments for the past couple of years due to lack of reliable income ( I'm a freelancer ), I have been doing my best to keep up. My balance at the moment is about {$2800.00}. I don't know if I'll ever be able to pay that off unless somehow I can get regular employment. But, the amount I've paid in interest fees on this, by now, is about the same amount as what I withdrew. I don't see that it's fair that I can't pay off the cash advance when I'm making payments. There probably is no recourse, but it just seems like a very unfair practice.
Company Response:
State: KY
Zip: 400XX
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: The company is charging us for credit card charges that have been posted but not billed instead of crediting those payments to a balance transfer loan as they said they would.
Company Response:
State: CA
Zip: 94132
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-15
Issue: Fees or interest
Subissue: Charged too much interest
Consumer Complaint: Capital One XXXX XXXX for Menards. Transaction date XX/XX/2022. Transaction amount {$1800.00}. Card terms state that any transaction greater than {$1500.00} will receive a promotional finance rate of 3.99 % for a period of 48 months. Capital One instead began charging interest of almost 30 % after just 6 months. I called and requested a fix. They denied the fix with no justification. I called again to remind them that this violates their cardholders terms. I was told that I should have called sooner because the transaction " expired ''. Essentially they claim that I didn't catch them breaking the law soon enough for them to fix it. I am filing this complaint, because they have increased my balance by {$300.00} in 3 months and refuse to fix their mistake. I should only be paying {$60.00} in interest this year, and the balance should NEVER increase. This is fraud and theft and must be fixed. If not it will end up costing me thousands of dollars.
Company Response:
State: MO
Zip: 654XX
Submitted Via: Web
Date Sent: 2023-08-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A