Date Received: 2024-01-22
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I received a text message from Capitol One that my billing address had been changed. I immediately called them and told them that was not me. The address it has been changed to was in XXXX. Also, the person who called them and pretended to be me requested a second user be added to the account and requested a card me sent to them.I found out the card had already been mailed to the hacker. The guy I talked to told me the name of the person and read the address in XXXX to me. Of course, it was someone I never heard of. I've lived in my current city for 55 years! Capitol One made me send a copy of my drivers license and Social Security card to them. They changed my address back to the correct address and cancelled the card they had sent to the hacker. The next day, I check on my card. The billing address had been changed back to the hackers address. And the second additional card had been reactivated. I request a hold be put on the card. The next day, the account was reopened! The hackers had called during the night and opened the account again! The guy told me the hackers call at night when calls are routed overseas. When I sent copies of my id's., the hackers grabbed them and were using them to re-open the account. I requested my card be cancelled and the account be closed. I also requested a paper statement be mailed to me so I could pay my final bill. I did not receive the bill after 2 weeks. I called and they told me it was mailed on XX/XX/2023. This was now 2 weeks later. It took another week and a half before I finally got my statement. And they hit me with a {$25.00} LATE FEE which they refused to rescind. I called and said I did not think the late fee was fair because it took them almost 4 weeks to get the statement to me. I found out they had sent my statement to the hackers at the address they kept changing it to. The hackers now had my statement which showed all the places that I had payments automatically paid by credit card. The hackers then used that information to get into some of those accounts. And I had 96,000 points that the hackers used, and Capitol One never returned those points to me. This all started in early XX/XX/2023. I would never use Capitol One!
Company Response:
State: TX
Zip: 77515
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-22
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: CAPITAL ONE is in violation of multiple laws set forth by Congress in regards to the following account XXXX. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( CAPITAL ONE ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( CAPITAL ONE ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate. CAPITAL ONE can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from CAPITAL ONE for the cancelled debt of in order to file as ordinary income. Where is my 1099-C? CAPITAL ONE is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than { { {$600.00} } }. This is unsatisfactory! CAPITAL ONE has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In CAPITAL ONE terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX and XXXX are not an affiliate of CAPITAL ONE nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. CAPITAL ONE must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consumer account # XXXX. 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: TX
Zip: 76112
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: 1. On XX/XX/XXXX, I willingly closed my Capital Once credit card. 2. On XX/XX/XXXX, I called XXXX to inquire about a refund for the security deposit and estimated date on which I would be in receipt. I was informed verbally that I would be in receipt of the refund through a paper check within 7 10 business days from the date from which the refund was processed. 3. On XX/XX/XXXX, I again called XXXX to receive an automated voicemail, based upon my credit card number. I was informed through a virtual message that I should be in should be in my receipt within 60 90 days. 4. On XX/XX/XXXX, I filed a complaint with the XXXX XXXX XXXX, given the inconsistency of communications on the timeline of a refund. In that complaint, I included that any failure to have this check in my receipt by XX/XX/XXXX, I would escalate this matter at a higher level, including the Consumer Financial Protection Bureau and any federal financial regulator that can hold Capital One accountable. 5. On XX/XX/XXXX, Capital One was in receipt of my complaint filed under the XXXX XXXX XXXX, and no further communication has been received. 6. On XX/XX/XXXX, I was in receipt of a statement from Capital One that reflects I have a {$0.00} balance, and that I have a {$99.00} refund processed. If Capital One can address the refund has been processed, then Capital One should be accountable for issuing the refund to me.
Company Response:
State: PA
Zip: 166XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: I have a Capital One savings account and just realized I was not receiving the advertised interest rate of 4.35 %. Due to being an older account I was only collecting 0.3 %.
Company Response:
State: MN
Zip: 55347
Submitted Via: Web
Date Sent: 2024-01-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: I am trying to make a payment using every card possible I have so I can receive a payment and no transactions will go through. They all keep getting denied. I can't transfer money or do anything in XXXX XXXX
Company Response:
State: KY
Zip: 420XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Problem with a lender or other company charging your account
Subissue: Money was taken from your account on the wrong day or for the wrong amount
Consumer Complaint: I use my bank 's bill payment feature very infrequently -- in fact I have only used it twice. On both occasions, the amount was debited to my account within 2 days and shown as " deposited. '' In the first instance, about 2 years ago, the payee called me weeks later to complain that they had never been paid. Based on the bank 's description of the check as " deposited '' I would never have known had the vendor not complained and I might have incurred a penalty to my credit score for late payment, or pursuit by a collection agency. I stopped using this feature as a result of this bank defect. Recently, I decided to use the feature again and experienced exactly the same problem, only this time it involved a check sent to my son. Aa a result of my previous experience, I initiated communication with him about whether he had, in fact, received the check. He had not and to this date, still has not. I consider the bank 's use of the word " deposited '' in the bank 's online accounting summary of transactions to be a form of fraud and open to abuse, particularly in instances when payment is made to an individual who is not expecting a check and would not be on the lookout for it. I leave this to your judgement and possible follow up.
Company Response:
State: FL
Zip: 334XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: It was never disclosed to me upon our agreement that I had the right to opt in or opt out of my personal information being shared with a third party. In pursuant to title 15 U.S.C. 1681b ( a ) ( 2 ) any information placed on my Consumer report should be based in accordance with the written instructions of the consumer to whom it relates. I the natural person have been suffering for years by being denied open-ended credit, and car loans for the enjoyment of my family. Per the FCRA as a federally protected consumer I XXXX XXXX XXXX am OPTING OUT of any and all authorizations I the consumer may have given you written, non written verbal and non verbal PER 15 USC 6802, EFFECTIVE IMMEDIATELY INDEFINITELY. The law also states it's illegal to report transaction history. Title 12 Also states anything dealing with a securities is an automatic XXXX XXXX XXXX. 12 CFR 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right ; or
Company Response:
State: NJ
Zip: 08016
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: On XX/XX/2023 I applied for a CapitalOne Platinum card. Please note their system shows this on XX/XX/2023. I applied for this card due to a preapproval invitation to apply. I did the prequalification first ( soft pull on credit ), once it stated that I would be approved, I completed the application ( hard pull on credit ) and it was approved for a XXXX credit limit. I then processed to follow the instruction of setting up an online account and was unable to because of a preset-up account with other information. I then called CapitalOne and the representative tried to verify my information NOT with my current information but with the information in their system which was NOT my current information. At that point, I believe is when the restriction was put on the card. I was told that he would send a secure link via email to upload some additional information. This was also on approx. XXXX XXXX, XXXX Once completed, ( I did this with the representative on phone ) I was told that in 1-10 business days that the verification dept would either call me or release the restriction. They never called. I was also told to wait until I received the card so I could give the entire card number. I did that and when the card was received ( 7-10 business days later. ) I was able to complete this request. Please keep in mind each time I called they asked me did I request and receive the card. Each time I answered yes. I on XXXX XXXXXXXX XXXX and I was told by the call center to send in additional documentation for verification. I did this as well. I sent in my birth certificate, work id, government issued id, proof of residence, cell phone bill, proof of appt with XXXX XXXX to get a Texas ID. I was told again to wait XXXX business days for the verification dept to call me. They never called me. That evening I called and asked to speak to a supervisor and to be transferred to the XXXX. I was transferred and that supervisor said that they did NOT need all the additional information, ( they wouldnt even look at it ) however the government issued ID would not be used because it had expired. She assured me that my account would not be closed, and I would have time to get my ID. She created 3 ( three ) different complaints at that time. She also checked with her supervisors to make sure that the information she was given me was correct. She also stated that I could dispute this with the credit bureaus. I explained to her that when I called the credit bureaus their position was since I was approved with {$3000.00} limit. It was a valid inquiry and it would not be removed. You are ONLY allowed 3 ( three per year ) I then called back on approx. XXXX XXXX, XXXX, and was transferred to the Fraud Dept. ( this was call center overseas ) at that time I spoke with a person who stated they were a supervisor. They called the back office and she said because I had an expired government issued ID. It would NOT be accepted. I want to note that several of the call center representatives stated that it would. I then requested several times to get a call back from the compliance team that oversaw the reviews. This never happened. I also called a CapitalOne bank, and they filed a complaint as well after I explained what my experience with the call centers. I called again on approx. XXXX XXXXXXXX XXXX spoke with another supervisor ( who was very rude ) and we went over their policies regarding government issued ID. She stated that their policy stated that the ID had to be unexpired. Which is fine but when I asked her to email that policy she became offended and the call went downhill from there. She stated it was in my welcome packet. I read her the entire packet it was NOT there and each email sent stated that it just had to be government issued. On approx. XXXX XXXXXXXX XXXX, I called again to request a call from the back office and a complaint/case number was given. Please note that these complaint/case numbers are by those that are identified as supervisors ). Immediately after that call, my mom got a call from CapitalOne for me. They left a message for me to return the call. I did but I was given the same information. This was strange because my moms number was NOT listed anywhere on my application. I wasn't sure how this happened and when I called to ask the representative how this would happen and where did they get my mom 's number and why they called her and not me. I was told that they had their ways. I then requested that they only call my number because my mom had nothing to do with my application. My mom is elderly and does not answer unknown numbers but because she came to live with me as soon as she received these calls, I am informed. This happened XXXX ( three times ). I believe this has since been corrected. A few days later I called again. I was told the same information ; this time I sent in the ID with me holding it so that they could see the picture in the ID was me. I did this because each time they wanted to verify it was me that applied for the card. I had the card in my possession and I could verify the information I sent in. I did NOT call leading up to XXXX because I felt that maybe this was happening because they were afraid that the card was going to be used to run up debt and NOT be paid. Recently, I received a letter to call. I called and was notified that they had created another case and that they needed the information that I had already sent in. When I stated that they had that information they indicated it was a new case and they wouldnt use information from another case. I had been given NO notice that there was even another case. I have done the following and notified CapitalOne that I am making every effort to get the ID, however in Texas they are NOT taking walk-ins. You have to wait until your appt date. ( CaptialOne has this information ) and several of the representatives stated they understood because it is the same way in their state. I also was obtaining information to get a passport. The reason for this complaint is because I am looking to purchase a house. I needed a credit mix in addition to my credit score. This has created so many problems. Please see the issues below : Unnecessary Inquiry other companies would not issue a card because this shows on all 3 ( three ) credit bureaus. CapitalOne is now reporting to the credit bureaus. This affects my debt/ratio. Now that they are going to cancel the card, this will drop my credit score considerably. I am being monitored on credit utilization for a card that I can not use. I have received two ( 2 ) letters to call to resolve, which seem to repeat all previous conversations. It has put a strain my credit At this point this situation has delayed and caused so many problems that I need immediate resolution to this. Please note that I have all letters, emails and calls to support this claim.
Company Response:
State: TX
Zip: 75038
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Managing an account
Subissue: Banking errors
Consumer Complaint: I opened this Capital One 360 Savings online savings account prior to XXXX because it had a competitive interest rate at the time. Unlike all of my other online savings accounts the interest rate did not go up with the market. In fact, it is very a low interest rate of 0.30 %. I am not sure when and why it got set at such a low rate. Capital One is offering new customers 4.35 % on their accounts. Why are existing customers being treated worse than new customers? The account does not have any statements available. I was only able to download two years of transactions. I withdrew most of my money out of the account ( {$3000.00} ) on XX/XX/XXXX.
Company Response:
State: CA
Zip: 94510
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-21
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Subject : Hardship Letter and Dispute for Unauthorized Accounts XXXX XXXX XXXX XXXX XXXX XXXX MO XXXX XX/XX/2023 Capital One Dispute Department Dear Sir/Madam, I, XXXX XXXX , am writing this letter to address a matter of utmost importance regarding unauthorized accounts opened in my name. Due to a recent XXXX that has left me XXXX XXXX XXXX, I am unable to communicate verbally and can only correspond in writing, preferably through email at XXXX or by postal mail. In accordance with your instructions, I have filed an FTC complaint with the reference number # XXXX. I am seeking your immediate assistance in removing my information from Capital One records, as I did not authorize the opening of the following accounts : 1. Account Number : # XXXX 2. Account Number : # XXXX ( Business Card ) Of particular concern is the business card account, as I am not aware of any company associated with it. These accounts are currently in collections, compelling me to consider the unfortunate option of bankruptcy. I believe my identity was compromised while I was employed at XXXX XXXX and may have been used by individuals named XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX. I kindly request a thorough investigation into this matter. For further communication, please reach me via the provided email or postal mail address. Thank you for your prompt attention to this matter. Best regards, XXXX XXXX
Company Response:
State: MO
Zip: 641XX
Submitted Via: Web
Date Sent: 2024-01-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A