Date Received: 2023-06-25
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I am writing to bring to your attention several potential violations of the Fair Credit Reporting Act ( FCRA ) and the Texas Finance Code related to my credit card account with Capital One Bank. It has come to my attention that Capital One Bank has reported inaccurate and conflicting information to multiple consumer reporting agencies ( CRAs ), which has had a detrimental impact on my creditworthiness. I kindly request your assistance in addressing these issues and seeking a resolution. Firstly, I believe Capital One Bank has violated the Texas Finance Code Section 392.304 by reporting inconsistent information to different CRAs. Specifically, the dates of account opened, credit limits, and dates of last activity reported by Capital One Bank differ among the various CRAs. This inconsistent reporting not only violates Texas law but also misrepresents my credit history and financial behavior, potentially causing harm to my creditworthiness and future financial opportunities. Furthermore, it has come to my attention that Capital One Bank has reported a monthly payment of {$0.00} to all consumer reporting agencies. This erroneous reporting not only misrepresents my payment history but may also contribute to a misunderstanding of my financial responsibility and ability to meet credit obligations. This violation of the Fair Credit Reporting Act undermines the accuracy and integrity of my credit report. As per Section 17.505 ( a ) of the Texas Business and Commerce Code, I am obligated to provide you with written notice of my specific complaint and the damages incurred before pursuing legal action. Therefore, I hereby provide written notice of these potential violations and the economic damages, damages for mental anguish, and expenses, including attorneys ' fees, reasonably incurred by me in asserting this claim. However, I am open to resolving this matter amicably and would prefer to avoid legal action if possible. In accordance with my rights under the FCRA, I request a written inspection of the loan documents and related records pertaining to my credit card account. This includes but is not limited to any agreement, promissory note, billing statements, payment history, and any data or information given to CRAs that are relevant to my claim against Capital One Bank. I kindly ask that you arrange for this inspection within 10 days of receiving this notice. I would like to stress the importance of prompt attention to this matter. Should Capital One Bank fail to address and resolve these potential violations within the 60-day notice period, I reserve my right to pursue legal action seeking damages under Section 17.50 of the Texas Business and Commerce Code . I have attached an affidavit in support of my claims for your reference. I kindly request your immediate intervention and assistance in investigating this matter and ensuring the accuracy and integrity of my credit report. Please keep me informed of your progress and any actions taken to address this issue.
Company Response:
State: TX
Zip: 75043
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I never had an account with Capital one Bank. This is not my account. I am a victim of identity theft. this is fraud.
Company Response:
State: PA
Zip: 19104
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Problem with a purchase shown on your statement
Subissue: Overcharged for something you did purchase with the card
Consumer Complaint: Charged double on XXXX XXXX capital one and XXXX bank accounts
Company Response:
State: MA
Zip: 020XX
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: On XX/XX/23 a charge was made on Walmart.com for {$310.00} using my Capital One credit card. The items were delivered to my house the same day. I was out of town for the day so the XXXX items sat on my porch until returned. After receiving an email stating the items were delivered I began alarmed and called both Capital One and Walmart the afternoon of XX/XX/23. I immediately called Capital one to report fraud and they closed the account, issued me a new card and started the fraud process. I also called Walmart to notify them of the unauthorized purchase. They told me to keep the items even though I offered to return them to my local store. They said since the items where ordered through Walmart.com the local store would not take them back. Outside of the few items that would need refrigeration the remaining items remain in my garage. On XX/XX/23 I noticed I had a bill due on my new Capital One Walmart card for the same dollar amount. I called Capital One and was told that after investigation the items were deemed accurate because they were delivered to my address ( which I have not disputed, the items were dlvd ). I DID NOT PLACE THIS ORDER. Capital One is refusing to assist me and remove the unauthorized charge. I offered to file a police report or sign fraud documentation. They do not care and now I am on the hook for {$310.00} of product that I would never use and again did not order.
Company Response:
State: OH
Zip: 430XX
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Your corporation has been requiring and demanding the unlawful use of Federal Reserve Notes also known as Floating Rate Notes ( debt notes ) as payment, when in fact, the submitted application used to open the account, with access and use of my personal and private financial information ( SSN, social security card, which is an open-ended credit card pursuant to 15 U.S.C. 1602 ( l ) along with my signature ) served as a financial asset, promissory note and security which in fact satisfies each monthly obligation pursuant to 12 CFR 360.6 ( 2 ) as well the application being self-liquidating paper pursuant to 17 CFR 260.11b-6. This is considered an unauthorized use since I have received NO BENEFIT. Pursuant to 18 U.S.C. 8, all coupons, bills, certificates of indebtness, both public and private used for personal, family and household use are the obligation of the United States. This will also serve as Notice of breach of fiduciary duty ( U.C.C. 3-307 ). Following this notice if said financial assets are not either returned to the referenced creditor/bailor/beneficiary via mail within Fifteen ( 15 ) business days or accepted for its intended purpose within Fifteen ( 15 ) business days of the receipt of this notice, an SEC complaint will be filed pursuant to 17 CFR 240.15c1-2 and 17 CFR 240.10b-5. As well as an IRS complaint for abusive tax schemes involving the SEC filed trust arrangement for breach of securities and securities fraud. Pursuant to U.C.C. 9-210, I am requesting a full audit of the account. Additionally, pursuant to Article 1 Section 10 Clause 1 of the United States Constitution, only gold and silver, being the only lawful money of the United States of America, can lawfully discharge a debt. The use of Federal Reserve Note is unlawful and can not. Furthermore, I have noticed that you have been redeeming the remittance coupons/instrument as a non-cash item ( 12 CFR 210.2 ( k ) / ( 12 CFR 229.2 ( u ) ( 4 ). Pursuant to 15 U.S Code 1691 ( C ) and you assume civil liability pursuant to 15 U.S Code 1691 ( K ). By use of coercion and fraud, your corporation knowingly and willingly violated my federally protected rights. Pursuant to the aforementioned codes, I demand all credits be returned on all remittances/coupons at the inception of the accounts. Balance will be zeroed out on a monthly basis via special deposit of the interest-bearing coupons associated on the itemization statement. This is your opportunity to cure as well as your notice of default for the servicing of my account. You meaning CAPTIAL ONE, N.A. and any of its other agents, affiliates, subsidiaries, assignees, etc. may NOT contact me by any means other than written correspondence. Failure to comply will result in legal action.
Company Response:
State: NJ
Zip: 07002
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: XXXX shows that my last payment was made on XXXX of XXXX. XXXX reports that last payment was made on XX/XX/XXXX of XXXX. XXXX claims that last payment was made on a different date, XX/XX/XXXX of XXXX. The XXXX credit beauros responded that they have verified and that the information is accurate but failed to send me copies of the documents used to verify this account
Company Response:
State: NY
Zip: 11729
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
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 was on a tour in XXXX and the guide took us to a jewelry shop where I attempted to purchase some gold jewelry. They had me sign paperwork and charged my credit card Then they asked for my passport. I had left my passport in the hotel a couple hours away They said they would bring the jewelry to the hotel later. When they arrived at the hotel they refused to provide a certificate of authenticity for the gold jewelry. I asked to cancel the transaction because I was suspicious this wasn't real gold. The merchant took the jewelry and said the transaction was canceled. I have video I took with my phone of this exchange with the merchant. I notice that they charged my credit card. I disputed this with Capital One, they reversed the charge but a few weeks late they charged my card again. I told them I have video of the entire exchange with the merchant taking the jewelry and saying the transaction was canceled. Capital One said it is their policy they don't accept video and I should take a picture of the video to send them. But a picture of the video doesn't show, or allow them to hear, what the merchant did and said. I can provide the video but am having trouble with the 10mb file limit. Let me know if you need it and I can try to break up the video to smaller pieces
Company Response:
State: OR
Zip: 97123
Submitted Via: Web
Date Sent: 2023-06-26
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Trouble using your card
Subissue: Credit card company won't increase or decrease your credit limit
Consumer Complaint: I tried to contact Capital One about not allowing me to have the full limit of the {$300.00} they promised me. It says on my credit limit that my credit limit is {$300.00} and Capital One only allows me to spend like {$250.00} can you please explain this to me.
Company Response:
State: IL
Zip: 60137
Submitted Via: Web
Date Sent: 2023-06-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-25
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: A car loan application was filled out using my identity on XX/XX/2023. The application was not from me but it had my name and information, I believe someone filled it out so a credit check would made on me to mess with Mt XXXX XXXX. The application with through capital one report was made through XXXX consumer relations and XXXX risk solutions inquiry department and capital one auto financing which was made on XX/XX/2023.
Company Response:
State: OR
Zip: 974XX
Submitted Via: Web
Date Sent: 2023-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX XXXX XXXX XXXX has violated my rights. 15 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 USC 1666B : A creditor may not treat payment on a credit card account under an open end consumer credit plan as late
Company Response:
State: MS
Zip: 39759
Submitted Via: Web
Date Sent: 2023-06-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A