Date Received: 2023-06-28
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: Ref : Account XXXX XXXX XXXX XXXX XXXX Dear Mr. XXXX XXXX, I recently received a 2nd Notice of Strict Enforcement of Contract Rights from XX/XX/XXXX and XX/XX/XXXX. XXXX XXXX concurs that there has been a breach of contract from Capital One Auto Finance. XXXX XXXX received the copy of the Retail Instalment contract, however XXXX XXXX never received any disclosures explaining right to rescind the contract dated on XX/XX/XXXX. It has come to the attention of XXXX XXXX that Capital One Auto Finance is continuing to defraud XXXX XXXX. Ignorance of consumer laws is not an excuse. According to pursuant 15 USC 1635 Right to Rescission XXXX XXXX does not have any contractual obligation with Capital One Auto Finance and the said Retail Instalment contract is null and void. XXXX XXXX has filed a formal complaint with the FDIC and Consumer Financial Protection Bureau in regards to Capital One Auto Finance fraudulent activities. In addition to any threats of repossession or collateral collection, it is also against the law under consumer law pursuant to 15 U.S. Code 1692f - Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( this threat is not an order by a Judge within XXXX XXXX Jurisdiction ) ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. ( XXXX ) Communicating with a consumer regarding a debt by post card. ( XXXX ) Using any language or symbol, other than the debt XXXX address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector XXXX use his business name if such name does not indicate that he is in the debt collection business. Furthermore if you attempt to reposes said vehicle and give out XXXX XXXX information to ANY repossession company that is fraudulent and considered identity theft because XXXX XXXX did not give permission to do so. Pursuant to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Therefore XXXX XXXX was never presented the option to op out as a disclosure. Pursuant to 15 U.S. Code 1692- Congressional findings and declaration of purpose. ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. ( b ) INADEQUACY OF LAWS Existing laws and procedures for redressing these injuries are inadequate to protect consumers. Ever violation is {$1000.00} in addition XXXX XXXX is entitled to monetary award of any damages sustained per pursuant 15 U.S. Code 1692k - Civil liability ( a ) AMOUNT OF DAMAGESExcept as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.
Company Response:
State: GA
Zip: 30228
Submitted Via: Web
Date Sent: 2023-07-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-28
Issue: Closing your account
Subissue: Can't close your account
Consumer Complaint: I sent XXXX XXXX XXXX a 1099C Form for cancellation in the amount of {$210.00} for the Capital One Platinum Card that I have on XX/XX/2023. Capital One Bank has restricted the card and hasn't sent me any documentation explaining the reason. Also I haven't received copy B of the 1099-C Form from them showing that the form is processed. The amount of {$170.00} is showing what's owed on the account because the payment was due yesterday, and I made payment although I can not use the account. Why isn't the amount XXXX? Capital One Bank has the statement showing that I made the payment of {$210.00}. They were instructed to deposit it into my Treasury Direct Account. Capital One also is denying me credit now.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-28
Issue: Other features, terms, or problems
Subissue: Problem with customer service
Consumer Complaint: I have a Capital one Business + credit card ending XXXX have been used for around 2 years. The capital one bank put restriction on my account on XX/XX/2023 and ask me to submit the bank statement from XXXX XXXX XXXXXXXX XXXX checking account XXXX and XXXX business account ending XXXX. I submit the XXXX XXXX checking account bank statement on the same date with my company name, and also submit a ownership letter which provided by XXXX that has my name, company name, routing number, account number and balance. At the same date, I submitted my latest XXXX XXXX bank statement. On XX/XX/XXXX, somebody called me and request me to provide me a bank account ending in XXXX belongs to XXXX. I did that as well. Same date, they requested me to submit the XXXX checking account void check or account summary. I explained to them I do not have check for the XXXX because I am doing the online business, and everything is wire or ACH. But I screenshot my dashboard of the online banking with shows the full account name, and business name, balance and latest transaction details. On XX/XX/XXXX, they called me and told me the business bank statement has to have my name XXXX XXXX on it. I keep explaining to them that whatever I download from XXXX or XXXX or XXXX, the business statements do not include my name. The ownership latter of XXXX is enough to prove I am the business owner. They said can not accept it. I am using this card for over 2 years, setup the auto payment and never pay late. Just triggered 2 auto payment returned due to the business slow on XX/XX/2023 but I do submitted another $ XXXX payment after that. I used this card to fulfill my order with over 20 suppliers, the frozen of this card have strong effected to my business. I need them remove my restriction as soon as possible.
Company Response:
State: TX
Zip: 77449
Submitted Via: Web
Date Sent: 2023-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-28
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: I have attempted to dispute hard inquiries and a collection through XXXX I wrote letter Ive reached to credit who informed me that a dispute must go thru XXXX however none of their investigations have yielded any results. I reached out XXXX XXXX regarding this collection which is not my debt nor do I have any contractual agreement with XXXX XXXX.
Company Response:
State: NY
Zip: 146XX
Submitted Via: Web
Date Sent: 2023-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-28
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Difficulty submitting a dispute or getting information about a dispute over the phone
Consumer Complaint: I opened an account with Capital One Auto Finance in XXXX and have carried a relationship with them since. I have made it a goal to make payments on time. There was a point in time where I had a mishap and unfortunately made XXXX late payments in XXXX and XXXX of XXXX. I was dealing with my health early in the year and it caused me to lose track of important dates. Since then, and even before, I have always made timely payments. I am asking for a goodwill gesture based on the standing relationship I have with your company. Then late payments are causing me extreme hardship. I am hoping that Capital One Auto Finance can submit a Universal data form ( AUD ) to the credit reporting agencies requesting that they remove the late payments in XXXX and XXXX of XXXX. I have really enjoyed doing business with Capital One and a quick look over my account will show that I was always on time. I would greatly appreciate this goodwill gesture. I am hoping to hear a favorable outcome Capital One Auto Finance. Thank you for your time.
Company Response:
State: TX
Zip: 75050
Submitted Via: Web
Date Sent: 2023-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-28
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: Kohls Department Store has a charged off account reporting on my consumer report. This is illegal and should not be on there at all. I did not receive a 1099-C form from them for this debt, as I should be able to claim this on my taxes as income. Income is not to be reported on a consumer report. So why are they reporting this inaccurate information? Why are they still letting third party entities invade my privacy and have access to my personal information without my consent? I spoke to a supervisor over the phone and they did not want to hear anything about my problem or their failure to solve it. They are purposely providing inaccurate information to third parties and as such should be exposed for their failure to uphold consumer rights as stipulated within the Fair Credit Reporting Act.
Company Response:
State: MO
Zip: 64050
Submitted Via: Web
Date Sent: 2023-06-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Getting a credit card
Subissue: Card opened as result of identity theft or fraud
Consumer Complaint: I am a victim of identity theft. The information listed below, which appears on my credit report, does not relate to any transaction ( s ) that I have made. It is the result of identity theft.
Company Response:
State: TN
Zip: 372XX
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Hello, this has been a issue i have been dealing with the last 3 years. Capital, one has reporting a late payment that is incorrect on my account. This has made my life XXXX. Ive contacted them directly and requested a supervisor numerous time to get this resolved. However, nothing ever happens. I am not forced to escalate this matter. Late payment XX/XX/2021 2021
Company Response:
State: FL
Zip: 328XX
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
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: A police report was sent to remove fraudulent accounts to be removed
Company Response:
State: NC
Zip: 28215
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-29
Issue: Problem with a lender or other company charging your account
Subissue: Transaction was not authorized
Consumer Complaint: I purchased gas at the gas station. Shortly thereafter, I received a charge XXXX miles away at the XXXX XXXX. I reported that my card had been stolen to Capital One. I even provided proof of me at the gym in XXXX at the same time of the transaction which occurred XXXX miles away in XXXX. This occured on Tuesday, XX/XX/2023. The transaction total was {$1000.00}. I immediately called Capital One and canceled my card. I also filed a police report in order for them to investigate. I provided Capital One with evidence that I was at the gym at the time of the incident. I have called in to Capital one at least 5 times. They refuse to reimburse me. The mastercard zero fraud policy states that... " Have peace of mind knowing that the financial institution that issued your Mastercard won't hold you responsible for unauthorized transactions. As a Mastercard cardholder, Zero Liability applies to your purchases made in the store, over the telephone, online, or via a mobile device and ATM transactions. As a cardholder, you will not be held responsible for unauthorized transactions if : You have used reasonable care in protecting your card from loss or theft ; and You promptly reported loss or theft to your financial institution. '' I qualify for the mastercard zero fraud liability policy. Capital One refuses to refund me my {$1000.00}.
Company Response:
State: CA
Zip: 92677
Submitted Via: Web
Date Sent: 2023-06-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A