Date Received: 2023-08-05
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 One is reporting this account as charged off. Capital One can not collect on an discharged debt. Per the IRS a discharge debt is considered a certificate of indebtedness which is income and can not be reported. Per 12 CFR 1026.11 any consumer account termination that results in a credit balance over {$1.00} is due to the consumer. As a federally protected consumer I am now opting out of my information being shared with XXXX. The only true credit bureau is the CFPB and they do not furnish credit reports. XXXX does not have my permission to report my financial history with Capital One. 1026.11 Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( 1 ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. ( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.
Company Response:
State: MI
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: Due to Covid 19 and other factors, my family 's financial situation became difficult, and we struggled to cope with the high interest rates on our credit cards. Eventually, we reached a point where we can no longer afford to repay the debts. However, the credit card company and collection agency are demanding large sums of money by applying compounding interest, resembling a debt trap. Over the years, they have taken interest that exceeds the principal from the credit card company, and now the collection agency is adding additional interest on top of that. We believe this is unfair, and we request that you follow proper procedures based on accurate calculations and provide realistic solutions such as debt reduction.
Company Response:
State: CA
Zip: 90638
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Upon trying to create a joint account, Capital One sent an automated message to do submit verification information. There link did not work and kept sending a link to my phone that when then verified, would just send another link to my phone in a continuous loop. When I called the bank to have this taken care of they told me that I could only verify account by clicking the link, which we tried again and it again did the same thing. The rep. then lied to me and told me there was no other way to verify, even though there system was broken and it was up to me to fix it. The accounts associated with the bank are now frozen.
Company Response:
State: CA
Zip: 90012
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Since XX/XX/XXXX Wednesday Capital one suddenly blocked my access to my checking and savings accounts. It's now Saturday XX/XX/XXXX... For XXXX days in a row I've been calling and calling the bank because NO ONE will talk to me or return my calls, they keep sending me to a voicemail. Yesterday I finally was able to get to a live person named " XXXX '' who said they don't know what's going on and sent me BACK to the voicemail. Today I've left my XXXX voicemail! Capital one has NOT sent me anything by email, or mail or text or phone call, just nothing stating anything is going on with my account or why or anything! They won't even talk to me! What is going on?!! I'm a single parent with XXXX kids and school starts Monday! I have no way to access my money and they won't even have the decency to talk to me to tell what is going on!!! They are holding my {$1400.00} in the savings and checking accounts hostage! How is this legal!?????? The fact that I keep being sent to A voicemail is unbelievable! Please help me get this corrected because now I'm going to miss paying my bills and create horrible hardships in my life. Please please I'm begging for someone to help me!
Company Response:
State: LA
Zip: 70094
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: Managing an account
Subissue: Problem accessing account
Consumer Complaint: On XX/XX/23, I was instructed by Kohls to call Capital One about them transferring my Kohls card to a Capital One Kohls Visa card. The person on the phone said I did not have a credit card with Kohls, but they showed I had a checking and savings account. When I explained I didnt recall ever having accounts with Capital One I was transferred to customer service. Then the customer service person transferred me to the Customer Protection Center. The Customer Protection Center would not provide me any information on the account. They only told me it was closed and because I stated I didnt believe I authorized the account they were unable to share information on the account with me. How can I verify if I did or did not open the account without more information. Before I file an ID Theft affidavit I wanted to make sure this wasnt an account of a family member that I might have been a POD on. Capital One refused to provide me any information and told me I would need to file a police report. How can I file a police report if I dont know anything about the accounts that were opened in my name. It is my understanding that Capital One has to provide me records of fraudulent transactions if I request them. They refused
Company Response:
State: GA
Zip: 30064
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: I am the XXXX and have several Capital One Checking and Savings accounts. I have XXXX children ranging from XXXX who I am educating in banking techniques. I started with a child savings account 2-3 years ago with the now XXXX XXXX XXXX and then my XXXX XXXX XXXX last year. I noticed recently that while the interest rate in my savings accounts escalated to over 5 % from XXXX. The children 's savings accounts remained at 0.3 % interest. In speaking with Capital One, they advised that that was just how their products worked. The representative also advised that I could create a 360 Performance Savings Account and have my child as the secondary. I made that change and now have found out that the my child can not " transact '' against that account, such as transfer funds, etc I have made two calls to Capital One support from XXXX through XXXX regarding this issue.. Therefore - my complaint is unfair interest earning practices against minors and minor focused products
Company Response:
State: SC
Zip: 29910
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I requested Kohls discharge or offset the balance on my kohls.com to the US Treasury in accordance with Public Policy HJR 192 of 1933 et al. However, Kohls has ignored my written requests, they have kept the documents provided to them needed to perform the discharge ( i.e. two 1099a forms, two remittance coupons, affidavits and notices of acceptance for value ) and they continually call me without my permission. When I reach out to them via online messaging they refuse to provide me an opportunity to follow up with them via email in order to preserve my rights. I am submitting in PDF a copy of the documents ( Notices of Acceptance for Value, Affidavits, 1099a, remittance coupon, exhibit ) sent to them via certified mail in XXXX, XXXX and XX/XX/XXXX and proof of delivery via the USPS website. As proof that the balance is supposed to be discharged and returned to the US Treasury please see the following laws : All debts are the obligation of the US Treasury as shown in 18 USC 8 Obligation or other security of the United States defined : The term obligation or other security of the United States includes all bonds, certificates of indebtedness,, coupons, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The term coupons refers to the same coupon all credit card companies such as Kohls issue every month to consumers which is the detachable stub at the bottom of each months billing statement. As further confirmation that debts are the obligation of the US Treasury see 31 USC 23 or 31 USC 3123 Payment of obligations and interest on the public debt : ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government issued under this chapter. ( b ) The Secretary of the Treasury shall pay interest due or accrued on the public debt XXXX XXXX XXXX According to XXXX XXXX of XXXX the gold standard was suspended and the requirement of a particular type of payment is inconsistent with the declared policy of congress. Every obligation shall be discharged. Whereas the holding of or dealing in gold affect the public interest and are therefore subject to proper regulation and restriction : Whereas the existing emergency has disclosed that provisions or obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency of the United Statesobstruct the power of the Congress to regulate the value of the money of the United States, and are therefore inconsistent with the declared policy of the CongressEvery obligationshall be dischargedThe term obligation means an obligation ( including every obligation of and to the United States ) XXXX XXXX XXXX
Company Response:
State: NJ
Zip: 073XX
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-05
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: I signed up for the quicksilver card which sent spend {$500.00} in the first 3 months and receive {$200.00}. I've spent well over {$1500.00} and they say the offer wasn't applied to my account
Company Response:
State: CA
Zip: 960XX
Submitted Via: Web
Date Sent: 2023-08-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-04
Issue: Managing an account
Subissue: Problem using a debit or ATM card
Consumer Complaint: On XX/XX/2023, I lost my physical debit card ending in XXXX. This means debit card was no longer in my possession. On XX/XX/XXXX an unauthorized charge of {$70.00} was made at an XXXX Location I had never been to and beyond the the vicinity of my physical home address. I did not make this purchase nor did I authorize this. I filed a complaint of dispute in accordance with the FBCA on XX/XX/XXXX to dispute this unauthorized charge with Capital One Bank and on XX/XX/XXXX Capital one erroneously claimed that this charge was valid due to the chip card being used at a chip enabled terminal. I had already attested that the card was lost and that the card was not in my possession and Capital one is now making me responsible for this unauthorized charge despite knowing this. These charges also dont align with my normal gas purchases which are consistently all under {$55.00}
Company Response:
State: MD
Zip: 20601
Submitted Via: Web
Date Sent: 2023-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-04
Issue: Closing your account
Subissue: Can't close your account
Consumer Complaint: Kohls sent me messaging stating that to not have my Kohl 's Charge Card be transferred to a Capital One Credit Card, I needed to call a phone number and opt out. I opted out via their process via the date required. I had a XXXX dollar balance upon the time that I opted out and maintained a XXXX dollar balance through the process. The issue is now Capital One went ahead and opened the account, and is sending me billing statements for an account that I have already opted out of. I also did not approve of my information being shared with Capital One and they now have my social security, etc information that was given to them by Kohls. Kohls should have just closed my account by the opt out deadline and not shared my information and Capital One should have never opened the account fraudulently.
Company Response:
State: KS
Zip: 660XX
Submitted Via: Web
Date Sent: 2023-08-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A