Date Received: 2023-06-13
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I am having problems with the way this creditor report transactions : I got a cash advance from my credit card ending in XXXX of {$300.00} at XXXX XXXX on XX/XX/XXXX. I paid the cash advanced right away on XX/XX/XXXX CAPITAL ONE ONLINE PMT XXXX ACH {$310.00} {$1100.00} TRANSACTION DETAILS Transaction Date : XX/XX/XXXX Posted Date : XX/XX/XXXX Type : ACH Even though my payment was made after the cash advance from the ATM, the defendant fraudulently posted my payment before the cash advance was made. Thus by not crediting the cash advance in a timely manner according to the proper bookkeeping practice : " First in first out '' the defendant will be charging interest on a debt that was already paid. on XX/XX/XXXX. My XXXX payment to CapitalOne occurred latter than XX/XX/XXXX : See info : XX/XX/XXXX CAPITAL ONE ONLINE PMT XXXX ACH {$310.00} {$1100.00} TRANSACTION DETAILS : Transaction Date XX/XX/XXXX Posted Date XX/XX/XXXX Type ACH
Company Response:
State: NJ
Zip: 08012
Submitted Via: Web
Date Sent: 2023-06-13
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-13
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: I have set up payments to pay my debt in 3 monthly payments of XXXX set to be automatically taken out of my banking account on the XXXX of each month starting in XXXX. I have made 2 monthly payments, and have to documents showing the paid amounts. I checked my credit report and it shows the full amount with no payments received. This is false and I have a documents to show it.
Company Response:
State: FL
Zip: 34609
Submitted Via: Web
Date Sent: 2023-06-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have been attempting to have a fraudulent account removed from credit report. Every time I send a letter to Capital One asking for information about this fraudulent account or to dispute I receive a letter back and I'am simply told " We are following up on a fraud notification that you recently filed with Capital One stating that you believe there is fraudulent activity on your Capital One account. Unfortunately, with the limited information that we received from you, we can see no evidence of fraud on your account and we are not taking any action at this time. '' The problem is THIS ISN'T MY ACCOUNT!!! Capital One refuses to do anything other than send out form letters claiming this account is mine when it isn't. I have filed a police report and an FTC report. One time they claim they had my drivers license but any could have had that and uploaded a copy of it. I want to see where I signed for this credit card and received ANY benefit from it. Trust is there isn't because someone else clearly used this card and Capital One REFUSES to do anything about this!
Company Response:
State: OH
Zip: 442XX
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: Capital One Retaliated against me for filing valid disputes for Identity Theft, an Account Breech, Fraudulent activity and being a victim of a scam that potentially exposed my info, and took no steps to secure my account. They closed my checking and savings account stating that it was due to filing Bad Claims when my claims ARE VALID. They also lied to me several times providing false information in terms of their investigation as well as stating that they are not responsible for XXXX transactions if goods or services aren't received or if money is lost via theft or scam ; XXXX transactions are a type of Electronic Fund Transfer and are covered under Regulation E. I filed an initial regulation E dispute on XX/XX/XXXX of this year, giving oral notice to Capital One in regards to the error/ fraudulent activity. I informed them that I was a victim of fraud and may have been scammed. The proper language under regulation E is Error ; Unauthorized ; Fraudulent TransactioXXXX. My initial claim was denied and a decision was made stating : We looked into this, and our research shows that the payment was processed according to my instructions. When this could not possibly be the case, and is the furthest thing from the truth because I did not authorize any such transaction, nor is there a history of me making such transactions. There is no history of transactions indicative that I would or have made such transactions in such an excess amount through XXXX, as I am aware that the platform is completely UNSAFE, and all transactions, although completed through debit and credit transactions are to be considered Cash transactions Per XXXX Website. I filed a complaint against the representative who improperly notated my claim resulting in its initial denial and resubmitted a new dispute, requesting that notation be made using exact verbiage for clarity. On the 10th Day* During the investigation period I received a notice that my claim had been denied, without the issue of any provisional credit. The denial email states : We have finished researching your dispute ( s ). Based on the information we have, your claim has been denied because : We finished looking into your claim and didnt find an error. Well this is preposterous! It is not possible to have completed a REASONABLE investigation in such a short period of time, after I indicated a SECOND time that the transaction in question is in fact an error and requires a thorough and reasonable investigation and due process. BEcause of this, I requested copies of the documentation used to make this decision. I also requested documentation that proves the validity of the transaction, because I know that I did not authorize any such XXXX transaction and I vehemently oppose any such information that states otherwise. It was also stated to me that I would have to PROVE '' that this transaction was unauthorized, when such language is a gross violation of my rights as a consumer under regulation XXXX, refer to Consumer Federal Protection Bureaus Interactive Bureau Regulations manual : 12 CFS Part 1005 ( Regulation E ). Burden of proof is on the financial institutions behalf. There are several violations of my rights as a consumer carved out by the Electronic Fund Transfer Act ( EFTA ) and the NJ Consumer Fraud Act. Capital One failed to inform me that XXXX is a third party entity and not subject to protections that are extended by Capital One via its own debit and credit transactional protections. Instead, XXXX is marketed as a Fast, Safe, and Secure method of sending money via Banking institution Networks. Capital One also failed to inform me that in the event of any Fraudulent/unauthorized or scam transactions that occur through XXXX that my protections are limited and will most likely result in a denial of any claims made in reference to transactions through the XXXX service. Negligence. Please refer to Mensah v. Capital One, N.AXXXX, A class action alleging that Capital One misrepresented the security of the XXXX money transfer service by failing to disclose that fraud victims have no recourse.Huge, Unreimbursed Losses : Capital One Failed to Disclose Risks of Using XXXX. There are also several Class Action Lawsuits against XXXX for the enabling of cybercrime, specifically fraud, scams, and unauthorized transactions and failing to reimburse those who use their service. With all of this information stated, it could not possibly be concluded with certainty that a reasonable investigation was done. It also is evident that no such investigation was done based on the nature of their responses included in the denial decisions. Also, It must be noted that upon my research, there were several changes and rearrangements of my XXXX and Capital One online banking information including contacts and phone numbers over the last 90 days, clearly indicative of potential exposure to identity theft and a blatant risk of fraudulent activity. Not to mention, no provisional credit was issued in either instance of my disputes, when I have the right to any provisional credits even if it is concluded that no error was found. Not to mention, I was incorrectly informed or otherwise misinformed that XXXX transactions are not covered under the EFTA or Regulation E, and that these transactions are not typical Debit or Credit transactions, when this is FALSE. ALL forms of electronic payments, including but not limited to third party entities such as XXXX, are included under the EFTA and REGULATION E. Another violation of my rights as a consumer. This entire circumstance is a direct indicator of the MASSIVE FRAUD and gross negligence of financial institutions to properly protect consumers against Fraud and Third Parties like XXXX that enable fraud. Let me reiterate : My rights as a consumer have been disgustingly violated. I have been misinformed and misrepresented by Capital One and its employees, I Am requesting clarifying documentation for the Error that occurred on XX/XX/XXXX, an unauthorized XXXX transaction in the amount of {$2500.00}, I did not authorize this transaction nor do I know the person to which the Electronic funds were disbursed to and I am requesting that another dispute be filed and an appeal of my previous dispute be properly filed and a claim number generated. Because I have requested documentation clarifying the error, I am still owed a provisional credit as well as any interest and I am not subject to the investigation deadlines and Capital One is OBLIGATED to reimburse me or provide me with the provisional credit until this investigation is completed fully. This is more than enough information and supporting documentation to reopen my claim and resubmit my dispute. There were also several escalations/complaints filed against representatives of Capital One who, due to their negligence, violated my rights as a consumer. I also Filed a CFPB complaint : XXXX in regards to this issue, the case was closed because Capital One Responded, however in their response they provided FALSE INFORMATION, they stated that a provisional credit was provided for {$2500.00} while the dispute is being investigated, but no such credit was issued because my account was closed as a form of retaliation. Do give this letter the necessary attention it deserves, Respectfully, XXXX XXXX XXXX. Also, Refer to : U.S. Code> Title 15> Chapter 41> Subchapter VI> Section 1693f : Error Resolution. U.S. Code> Title 15> Chapter 41> Subchapter VI> Section 1693g : Consumer Liability U.S. Code> Title 15> Chapter 41> Subchapter VI> Section 1693m : Civil Liability 15 USC Section 1693n : Civil Liability for Willful Non-Compliance 18 U.S. Code Section 1028 : Fraud and related activity in connection with identification documents, authentication features, and information
Company Response:
State: NJ
Zip: 07103
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
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 I have the right to 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 for purpose.
Company Response:
State: NY
Zip: 11212
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Date : XX/XX/XXXX Name : XXXX XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX SSN : XXXX Contact Number : ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IL XXXX ( or ) XXXX XXXX XXXX XXXX XXXX PA XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX XXXX Credit Report Number : XXXX, Date Created : XX/XX/XXXX XXXX Credit Report Confirmation XXXX XXXX, Date created : XX/XX/XXXX XXXX Credit Report File Number : XXXX, Date created : XX/XX/XXXX Original Creditor : Capital One Auto Finance Address : XXXX XXXX XXXX XXXX, TX XXXX XXXX Number : ( XXXX ) XXXX Dear : XXXX, XXXX and XXXX & Capital One Auto Finance XXXX am writing to dispute the inaccuracy of this information contained in my credit report in regards to the Original Creditor Capital One Auto Finance, account number : XXXX. There are a number of discrepancies with this fraudulent account for example the account type shown is reported to be an auto loan and also reporting as a repossession, account Original Loan Amount : {$28000.00} Open Date : XX/XX/XXXX Application I.D # XXXX VEHICLE TYPE : XXXX XXXX XXXX C XXXX VIN XXXX : XXXX, This account also displays a 24 month payment history from the date opened on XX/XX/XXXX to today XX/XX/XXXX. This account is not only paid off, capital one auto finance is reporting my transactions and experiences, to my credit report, this is a clear violation of the Fair Credit Reporting Act. According to the FCRA, I have the right to an accurate credit report. The federal Fair Credit Reporting Act ( FCRA ) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. This inaccurate reporting is negatively impacting my good name, character, and ability to qualify for new credit. As a consumer, I have a right to accurate and fair reporting of my credit history, and this discrepancy is creating an unfair and inaccurate representation of my creditworthiness. FCRA Fair Credit Reporting Act also states Transactions and experiences are not supposed to be on my consumer report. The law states that a consumer has the right to opt out of having their information reported stated in 15 U.S. Code 1681a ( 2 ) ( a ) ( 1 ) under the exclusions that a consumer transaction or experiences are not included on the consumer report. As provided in paragraph 3 the term consumer report does not include reports containing information solely to transactions highlighted on my credit report history. Between I, XXXX XXXX XXXX and you, Capital One Auto Finance is excluded from the consumer report, please delete this transaction from my consumer report please. The Notice also specifies your responsibilities when you receive notice from a CRA, under section 605B of the Fair Credit Reporting Act, that information you provided to the CRA may be the result of identity theft. Those responsibilities include ceasing to provide the inaccurate information to any CRAs, and ensuring that you do not attempt to sell or transfer the fraudulent debts to another party for collection Furthermore, I believe that the furnisher of this information from Capital One Auto Finance and you as the credit bureau XXXX is an unreliable source. Their inconsistent reporting raises serious questions about their accuracy and reliability, and I request that you reinvestigate this matter thoroughly. I am formally requesting that you remove this Auto Loan/ Repossession account from my credit report due to the inaccurate and unreliable reporting. Please provide me with a written confirmation of the deletion and an updated copy of my credit report. Thank you for your prompt attention to this matter. Sincerely, XXXX XXXX XXXX XXXX XXXX
Company Response:
State: GA
Zip: 30060
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: Today, XXXX XXXX, I was notified that I had received a statement credit equivalent to all my rewards points. Capital One had converted all of my rewards of over 96,000 MILEs to a statement credit at 0.5X the number of miles. They had closed my card WITHOUT WARNING and done this. I understand it is their prerogative to close the account. However, they had advised me that they would be closing my bank account. I called the credit card company on XXXX XXXX XXXXXXXX and they said that no such action was pending on my credit card. I also asked for a PRO-RATED refund of my annual fee which was XXXX. Capital One said that I had exceeded the window for obtaining a refund. A window that of course applied to when the customer closed the account. NOT THE ISSUING BANK. I reached a representative over the phone and she had told me that all these actions were covered by the terms of my credit card agreement. The ONLY thing contained in the credit card agreement was the bank prerogative to close the account. Nothing else was stipulated about the rewards or the annual fee refund. I also have a travel credit of XXXX as part of a price protection agreement that Capital One is not crediting to me. I was advised I would have to be a Capital One cardholder to use this, but since I was not the one that terminated the account, I should be entitled to this. Had I booked the flights with XXXX, I would have received the cash straighaway. When pressed, the representative continued to insist that these were all contained in my terms, which she was clearly unfamiliar with as she could not specify where in the terms those specific points were covered.
Company Response:
State: NY
Zip: 10011
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
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. '' ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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, ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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. XXXXXXXX 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: XXXXX
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: I filed a dispute on a transaction and opened a claim witht the bank on XXXX XXXXXXXX XXXX. The transaction involved was with merchant XXXX XXXX I had previously contacted the merchant XXXX XXXX who refunded my account the transaction amount of {$130.00} on XXXX XXXXXXXX XXXX. Capital One was still invesigating claim # XXXX and issued me a tempoary credit of {$130.00} not ealizing th merchant had already credited me the amount and the dispute was resolved. I contacted the Bank because my remaining balance was eflecting {$200.00} when the correct amount should have ben {$78.00}. and was told that the bank had made an internal decision to close my accounton XXXX/XXXXXXXX and my remaining funds would be mailed to me once their investigation was completed. Finally the bank took back their temporary credit on XXXX/XXXXXXXX and informed me I would be receiving my remaining funds within 2-5 business days. I have bowo made 4 seprate phone calls each time being told the investigation was completed on XXXX/XXXXXXXX the last converrsation was on XXXX/XXXX/XXXX with claims supevisor XXXX employee # XXXX I still have not received my funds or an explanation as to why my acccount was closed. I have been a client with this bank since XXXX Can you please help me to eceive my remaining funds of {$78.00}.
Company Response:
State: CA
Zip: 91702
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-12
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: XXXX sent remission letter to XXXX XXXX and Capitol One to dispute two charges {$2400.00} and {$4000.00} on 2 credit cards. XXXX Capitol one sent letter stating goods were as described and I could dispute the charges by XXXX which I did and sent by fax with confirmation on XXXX. In that fax I included a copy of my letter of refunding, a copy of the registered receipt from post office and my dispute letter along with the letter from. On XXXX spoke to XXXX he said o needed to send all the info again amd include that we had cslked XXXX XXXX so I sent info on both cases again with fax confirmation. On XXXX I called again regarding crediting the monies back to my 2 cards. Spoke with XXXX @ XXXX XXXX She stated I needed to send copy of sakes purch agreement, how many tubes I had tried to contact XXXX and a second opinion. I asked how to I get a 2nd opinion on a company that scams people she then told me that was optional. I told her she had all that info and she stated they didnt have it on both cases which I know they did. So I asked how can I be assured that this can get to you for the third time and she told me she would send me two separate emails with the two cases that I could upload documents to. On XXXX I uploaded all of the documents west again and included what they were asking for. Additionally, for the third time and uploaded them to the email address that was sent and I have confirmation from both email addresses are the uploads that they received it. I also called back on XXXX @ XXXX XXXX and spoke with XXXX, and she said they had received them. On XXXX @ XXXXXXXX XXXX I spoke with XXXX for 33 min he had trouble finding all the docs so he transferrred me to XXXX. XXXX told me that I didnt file the appeal in time for the {$2400.00} charge. They finally credited back the {$4000.00} account, bit not the {$2400.00} stating I did t send everything in. I stated I sent the exact documentation on both cases so how do you have one and not all of the other. After being in the phone this time around for over and hour and asking to talk to a supervisor while Im at work I told her I would be contacting someone to help with this matter. I used 2 cards for one purchase and they credited 1 card back and not the other which makes no sense. I tried explaining to them even without all the documentation they wanted they are forgetting the fact that I was within my 3 day recession and should have been credited back immediately based on that. I am attaching a few files that were sent for both case numbers. I also have the email upload confirmation, but wasn't able to upload at this time.
Company Response:
State: IN
Zip: 47150
Submitted Via: Web
Date Sent: 2023-06-12
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A