Date Received: 2023-04-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX 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 a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under ai open end consumer credit plan as late for Afrigk purpose. 485
Company Response:
State: VA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
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 my purpose.
Company Response:
State: TX
Zip: 77071
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
Issue: Getting a loan or lease
Subissue: Fraudulent loan
Consumer Complaint: I expressed my intention to acquire an automobile via a consumer credit transaction to both Capital One Auto Finance and XXXX XXXX XXXX XXXX XXXX, both verbally and in writing at the beginning of and throughout the process. I was blocked and didnt know any other way to accomplish the goal of completing the transaction. Both the bank and the dealership knowingly violated the Truth in Lending Act by using discriminatory practices, violating " informed use '' practices, misleading, threatening, and harassment. When I began the process, I was not aware of a lot of the information that I learned along the way. I knew according to XXXX XXXX XXXX, I was not obligated to pay a down payment. I also knew that I was the original creditor and could not be denied an extension of my own credit. I originally applied for a new XXXX XXXX XXXX XXXX. Capital One approved my application, but according to the dealership the bank would only process it if I put down a {$51000.00} down payment. I spoke to the bank who confirmed that they did not impose the down payment. I tried to invoke 15 USC 1605 through written correspondence ( see attachment ), but the dealership still would not budge. I was blocked from moving forward with that particular automobile because I would not agree to the down payment. The dealership agreed to work out another deal that would not involve a down payment for a different automobile. I finally settled for a XXXX XXXX XXXX on XX/XX/XXXX. When it was time to sign the contract, I was told that I had to hurry because the document would time out and the dealership had three other people waiting for me to finish so they could sign their documents. The dealership also told me not to use consumer at the end of my autograph, but I did not comply. Additionally, I was denied the opportunity to read the agreement as I was signing. Needless to say, no one explained the contract or made sure that adequate notice was given. After all of that, I took possession of the XXXX. After that, the bank wanted additional information and forced the dealership to ask for more of my financials. I did not understand that there were other options to secure the funding for the transaction, or I would have been able to compare the various options and avoid the uninformed use of credit from the beginning. In the absence of more options, I submitted my information. The bank had an issue with my address. Because my property does not yet have an address, I use a mailbox for all intents and purposes. But the bank demanded that I send them some form of proof of address. I sent what I could. I had the IRS send documents addressed to me to an address that I was temporarily staying at. I used that to provide proof of address. I also made the dealership aware of the Non-Disclosure Agreement that exist in a contract with the Trust, and that I was limited on what I could share to avoid violating the NDA. Additionally, because it was a temporary address that I dont use because I have my own, I only had limited documents to send. Despite that fact, the bank would not accept what I was able to send and continued to harass me for more information that was not pertinent to the approval of my transaction. The bank continued to pressure the dealership who in turn applied that pressure to me to furnish documentation by threatening the loss of funding. Finally, when I was pushed well beyond the boundaries of my comfort level, I studied more and sent the bank a XXXX XXXXXXXX ( see attachment ) with stronger and new evidence of my rights and how they were violating them. After reading the Affidavit of XXXX XXXX XXXX, I better understood the nature of the United States Banking XXXX in relation and construction to the United States Code. The people who back the pledge for the full faith and CREDIT of the United States deserve what is rightfully ours, especially when we invoke what is right, XXXX, fair, and in good faith. The Conditional Acceptance was received by a bank representative on XX/XX/XXXX at XXXX pm per the United States Postal Service XXXX Mail Number. Previously, the same documents were uploaded to their platform via an emailed link on Monday, XX/XX/XXXX. The link was sent by the bank to upload address documents to release the hold for funding. I sent the Conditional XXXX instead. The following Friday, XX/XX/XXXX, the deal was funded. As I searched for concrete content for the XXXX XXXX, I found and included the definitions of evidence of indebtedness and adequate notice putting them on notice that any dispute would need to include evidence of where the debt originated. I know that I am the original creditor. The bank then sent or caused to be sent a XXXX XXXX XXXX dated XX/XX/XXXX stating the following disclosure : " To the extent that you have filed for protection under federal bankruptcy law, you XXXX not be personally liable for the unpaid balance of this loan. This statement is not an attempt to collect a debt and is being provided for informational purposes ONLY. '' Further, as described in the XXXX XXXX mentioned above and the Affidavit sent with it, the bank never delivered or caused to be delivered any money/credits of its own to the consumer. Instead, the bank accessed the consumer 's credit and used it to fund the request. Therefore, there is nothing for the consumer to " pay back ''. Capital One sent a Validation of Debt letter ( although they technically can not validate the debt ) on XX/XX/XXXX, which did not include information regarding the original creditor and stated that I am still obligated to make payments to Capital One. Also, it was not signed by an authorized representative as called out in the XXXX XXXX. It did not satisfy the requirements set forth in the United States Code to be properly considered a debt validation. Below are a few of the violations that occurred. I believe more rights were violated. Please advise of the ones that are not listed here. Also, see the XXXX XXXX attached. 15 USC 1691 ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction 15 USC 1601 ( a ) Informed use of credit The XXXX finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. 15 USC 1692g ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. 15 USC 1692g ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 15 USC 1602 ( k ) The term adequate notice, as used in section 1643 of this title, means a printed notice to a cardholder which sets forth the pertinent facts clearly and conspicuously so that a person against whom it is to operate could reasonably be expected to have noticed it and understood its meaning.
Company Response:
State: CA
Zip: 90292
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: The date opened on this account is incorrect across the three credit bureaus. One states Date Opened : XX/XX/2019 and another states XX/XX/2019. According to FCRA 100 % accuracy is required. Lastly I have never been late on this account validate this erroneous statement.
Company Response:
State: IL
Zip: 60647
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: Capital One closed my account without notice. I have had the account for 20+ years with a perfect payment record. I found out it was closed when I tried to use my card. I called several times and nobody would say why the card was closed. All they would say is a letter will be sent. I finally received a letter some 25 days after the account was closed. The only thing the letter said was important information was missing from my account. So it took them 20 years to discover some information is missing. I have the same email, phone, and address for the past XXXX years. They claimed they tried to contact me. I checked my Capital one account online and there were no messages. I have all my mail scanned and there were no letters, I checked my email and there was nothing. I called again several times after the letter and again nobody would answer what this mysterious missing information was.
Company Response:
State: CA
Zip: 92373
Submitted Via: Web
Date Sent: 2023-04-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: I have already filed one complaint against my bank regarding a fraudulent transaction that they refused to investigate, stating they didnt find anything fraudulent. I was also told that I would need to prove to them that it was fraud, so I attempted to do this. I was going to attempt to contact the seller/merchant to see if I could get more information on their side as to what the purchase was, where was it mailed to ( if a physical item and if a digital product what was the email address and phone number used ) and to see if they wouldnt credit the money {$1900.00} back to me. Unfortunately, when I called Capital Ones customer service department, I was told the only information they had on the {$1900.00} charge was completed transaction and the date, nothing else. The bank wouldnt or couldnt provide me with a merchant name only what it stated, completed transaction. They told me on numerous occasions they did not know who the funds were paid to. Why Is this even allowed? Why would the bank release my funds to a non-company, without a name or address or phone number or even email address? It makes zero sense. Well the good news is they did credit the money back to my account after receiving the complaint so I am very grateful to that, but it never should have taken a formal complaint to resolve. Here is my second complaint. Because I filed this complaint with you all at CFPB, they are now retaliating. I have always had all my pending transactions, reflect in my balance ALWAYS. Both debits and credits are accounted for in the balance the moment they show up. in all my time of banking with them. Suddenly this is not the case. All of my credits coming in are being held back for up to 3 business days Im being told and all the debit transaction have been deducted from my account. This started this morning when a {$170.00} charge came in from a company who I had cancelled a subscription the monthly service with because I had called and cancelled this service months ago. They were very apologetic and immediately credited the money back to my account. They also included another payment I made just to help me out in the amount of {$180.00}. So for pending transactions I see the - {$170.00}, + {$170.00}, + {$180.00} plus some other charges that are legit and mine are pending. They have deducted all the debits from my balance but they havent credited me for the {$170.00} or {$180.00}. At the very least the + {$170.00} and- {$170.00} should cancel each other out. But I am told that the two credits are returns and they will take 3 business days to settle and become available in my account. This is a complete lie. I have never had Capital One hold back credited amounts in my account EVER before, even refunds, ( which I have had numerous since Ive had my account with them ) and they have ALWAYS been immediately available in my balance. At this point I asked to speak with a supervisor, and the she apologized and said she should be able to release the holds on those two credits. She put me on hold and then came back and said she was unable to release the hold and that bank refunds will take up to 3 business days to settle in my account, meaning next weekso even she was blocked from being able to release holds that she has the authority to release. If this was their policy from the beginning, I could understand this and would not be filing a second complaint. I feel that they are doing this to retaliate against me for filing the first complaint against them. They credited me back my {$1900.00} on XX/XX/2023, and today, XX/XX/XXXX, just 3 days later, they decide to change when they make funds available to me personally. Its way too coincidental regarding the timing of all of this. As I mentioned up until now ALL of my pending transactions have reflected in a real-time available balance, now only the debits are showing and all the credit ones Im being told will take 3 days to settle into my account. The manager that did have the power to release those holds suddenly is prevented from doing so in my account? Why? Who was preventing her? Now because of this, I will be losing everything I own in storage, the last day I could save my stuff was today or else it goes to auction tomorrow morning. I worked very hard to get that money so I wouldnt lose my possessions. I am unemployed and pretty much homeless and this is how I am treated. I was a XXXX XXXX for most of my adult life and have dealt with many banks and other financial institutes and as far as I know a bank cant change their normal treatment of a customer because they filed a complaint against them. This is so blatantly retaliation. Please investigate Capital One Bank and close them down.
Company Response:
State: TX
Zip: 76051
Submitted Via: Web
Date Sent: 2023-04-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-28
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 XXXX has been taking {$5.00} a month from my account, for a year. I just realized this as XXXX dollars isn't that much to realize. I contacted XXXX XXXX, they have NO record of me in their system. No email, no name, nothing. XXXXXXXX XXXX told me to dispute the charges with my credit card company. I called capital one and disputed the 12 charges, and 1 pending charge. They temporarily credited my account while it was under investigation. A couple days go by, and they told me they declined my dispute as " activity on the account indicates these transactions are valid. '' How are they valid if XXXX does not have any information for me, how did I authorize these transactions?
Company Response:
State: MO
Zip: 65109
Submitted Via: Web
Date Sent: 2023-04-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
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: Capital One tricked me. They claimed the problem was " Resolved '' by correcting one of two false charges. After more than a year of frequently calling, waiting and checking and being told to submit documents several times - I was told that the case was disqualified at the start for being 10 days late to a paperwork submission deadline. I HAD NO NOTIFICATION OF THIS DEADLINE. I was told ( after 1.5 years ) that Capital One expects customers to log in and frequently check a hidden " documents '' area to get notifications. They do not provide direct notification and disqualified my request retroactively because of this excuse. They later tricked me, making me think this issue was fully resolved by correcting ONLY ONE OF TWO FALSE CHARGES.
Company Response:
State: TX
Zip: 757XX
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
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: Dear Sir/Madam, I am writing to you to file a complaint regarding my recent purchase from XXXX. On XX/XX/XXXX, I ordered a XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX for {$620.00}. Unfortunately, when I received the item and attempted to use it, I discovered that it does not turn on at all. I promptly submitted a request to return the item, but to my dismay, my request was denied by the company. They stated that I violated their return policy, despite my inability to see any reason for this in the policy itself. I then escalated my complaint to my credit card provider, Capital One. However, they also closed my case, stating that the company had delivered the product to me in good condition. I am at a loss as to why I am being denied the opportunity to return the defective product. I believe that I have a legitimate claim and should be granted a refund or a replacement. I would appreciate your help in resolving this matter. Thank you for your time and consideration. Sincerely, XXXX XXXX
Company Response:
State: CA
Zip: 94579
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-27
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Under The Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., and 15 U.S. Code 1681b - ( a ) ( 1 ) ( 2 ) Permissible purposes of consumer reports, Capital One is reporting a transaction under my report with my consent and permission, I also received a letter stating that, " We have confirmed this account is no longer being reported by Capital One ''. this items shows that it is being reported by Capital One
Company Response:
State: TX
Zip: 78227
Submitted Via: Web
Date Sent: 2023-04-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A