Date Received: 2023-03-16
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I used to have an XXXX XXXX and I closed the account and had a payment arrangement to bring down my debt. The card was bought by Capital one,. I've made several online payments to capital one since the switch. At the end of XX/XX/2023 I signed online to make a payment and all my information was missing. I called capital one to say hey I can't make a payment something weird is happening and all my info is gone. I spoke to 4 people in an hour. I only spoke to that many people because 3 XXXX could not tell me what was happening. They just kept saying your account is closed. I already knew that, they knew that, so why is my information missing? They again said the obvious which is that my account was closed. Finally after refusing to get off the phone until someone could form a coherent sentence and provide accurate information, the FOURTH PERSON told me my credit card was charged off. They never warned me, they never sent a notification, never called, emailed, sent mail, nothing. There was no indication on my online portal that there was an issue. In fact everytime I went to pay, it said my minimum balance was XXXX. I was paying under what I agreed on with XXXX because of massive medical debt, but if that ever happens with any other card they let you know it's a problem. Capital one didn't say XXXX and THEN when I disputed it I asked the process, they said 30 days. They said someone would call me. I said what if I can't answer will they leave a message? They said yes as long as you state your name in the voicemail. This was XX/XX/XXXX. No one called me. Ever. They said they did but I live in XXXX, I could have been on the train with no service. They told me they didn't even have to call me but they did. So they lied because the first time they said they'd call andconfirmed they'd leave a voice note. Then today I call to dispute the stupid letter they sent. The letter says they researched my dispute and their decision stands. Not once did they address how no one communicated with me and then my information was missing. I CAN NOT SOLVE A PROBLEM I DO NOT KNOW EXISTS. I told them my online account was weird too -- never said a balance was due even though of course it was. I can't prove that to you because they REMOVED MY INFORMATION. Then this XXXX lady today tells me that they sent me paper statements, and that's where the warning was. I asked why would there be a discrepancy between online and paper statements? she did not address the question. She said the warning was saying I had a balance. What she described is a normal statement. I said ok so you're telling me that you sent me communications that you absolutely did not send? She said telling me I have a balance is my warning. I said that's like us both being outside and it's sunny and you say it's raining. Not once did anyone at capital one take responsibility for their XXXX business. Then when I say the actual info I did receive because I CALLED was nothing but incomplete, inconsistent, and inaccurate. She says, " I can't speak for other people. '' Well someone better because each of this incompetent individuals in an exploitative system are setting people up purposely to fail and then saying it's my fault. no. it's not. I have responsibility yes but this is a two way street, I CAN NOT MAKE INFORMED DECISIONS WITHOUT ACTUAL INFORMATION. and the whole process to dispute this reflects the initial problem of XXXX communication. The definition of fraud is lying cheating stealing waste and abuse. Capital one is fraudulent. The sad thing is payment isn't even an issue, I have XXXX left and can finish it off in my next paycheck. but this charge off that is THEIR FAULT is screwing me and damaging my credit when I am literally doing everything I can to take care of it. they are not doing their jobs and a normal reasonable ethical thing to do would be like wow XXXX you're right we have no idea how to communicate, we don't train our staff properly, we take XXXX responsibility for our errors, and gee whiz looks like we don't actually communicate AT ALL. People like XXXX XXXX are getting away with ruining lives and capital one won't reverse a life altering credit damage that is their fault, coming after someone drowning in medical debt. again that is even beside the point, THEY DID NOT DO THEIR JOB. I need this charge off reversed.
Company Response:
State: NY
Zip: 11215
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Getting a credit card
Subissue: Application denied
Consumer Complaint: I applied for a credit card today XX/XX/2023 from an offer emailed to me from Capital One Bank. I have had a credit card with them for many years now and have always paid on time, and not once have been delinquent on a payment ; in fact I always pay much more than the minimum required. The email they sent was highly misleading. It stated that because of my hard work and excellent history with the company I was " pre-approved '' for a card with 0 % APR for the first 9 months. Here is the cut/paste from Capital One 's misleading email : " You work hard to manage your credit responsibly, and the next step on your credit journey is clearan offer to earn rewards on every purchase with the from Capital One, all with no annual fee. '' Thinking I could get 0 % APR for 9 months was great ( especially compared to what I pay them currently ), and I applied thinking I was " pre-approved. '' I was immediately denied and a hard pull on my credit report is now permanent because of Capital One 's misleading marketing practices. I work very hard to keep my credit history clean and all payments are always on time. I don't need this kind of negative reporting on my report. This kind of dishonest activity practice here by Capital One should be illegal. I attempted to email them at the address they sent my denial letter to and it was kicked back as undeliverable. The federal government needs to take these criminals to task for this kind of deliberate dishonesty. Bottom line : don't send out offers that a company does not intend to abide by. Capital One is a company that I will be making great efforts to no longer do business with because of dishonest business practices like this.
Company Response:
State: FL
Zip: 344XX
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Fraud or scam
Subissue:
Consumer Complaint: XXXX transfers Date : XX/XX/2023 Total amount : XXXX Bank : Capital One Description of Incident I received an alert on my XXXX about an XXXX XXXX credit card charge to XXXX with a phone number claiming to be XXXX Customer Service for questions. Not recognizing the charge, I clicked on the linked phone number to call and was connected to a representative claiming to be XXXX. He told me it was an improper transaction and that all my accounts were compromised. He said he would help protect my accounts and that I should I download the XXXX app to my phone, which I did. He told me criminals were using XXXX to take money out of my accounts. He instructed me to enable XXXX on my bank account so that I could decline the fraudulent transactions. He then had me send money to " myself '' to undo the " fraudulent '' transactions. It appeared to me that I was sending money to myself but, in fact, I was sending money to the fraudsters under XXXX name XXXX XXXX. I did see this name on my screen but the representative explained that this was his supervisor. He then instructed me to do the same on my husband 's phone because we had a joint account, so I did. In total, there were 4 transactions totaling {$3400.00}. He then instructed me to download a cryptocurrency app. At this point, I became suspicious and ended the phone call. I then realized I had been scammed and immediately called my bank, Capital One, to report it. Capital One denied the claim because Capital One did not make an error.
Company Response:
State: NY
Zip: 10023
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Capital one auto finance is attempting to ruin my credit on purpose. I had an auto loan with them. My car was totaled in 2020 capital one incorrectly billed me and reported a balance after car was paid I disputed the charges numerous times to no avail. Subsequently we came to a settlement amount. The account was fully paid last week. After that I filled a XXXX complaint requesting capital to reflect the account was paid. After that complete was processed capital one restricted access to my account. I paid the account last week. Today I was alerted the account was reported as delinquent and dropped my score by XXXX points. I'm so upset. This is so Wrong. The account is paid. And they have reported it as delinquent. I will make complaints daily to every government agency possibly until this is fixed. I feel this was done out of retaliation due to my previous complaints. This is so wrong. The account is paid. You all have restricted access to the paid account and have reported incorrect information I will get a lawyer involved. I have already made complaints to the nys attorney general. This company has caused my home buying process to he halted due to reporting to the credit bureaus incorrect info which resulted in an immediate XXXX point drop. This is so wrong. I want this fixed. Please help I don't know why they are doing this me!!
Company Response:
State: NY
Zip: 12603
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: There are XXXX transactions in which funds were withdrawn from my account but did not arrive to the recipient. The recipient is my child 's daycare provider with whom we regularly pay. The recipient share with me their bank statements showing the XXXX payments were not received. Capital One has not acted in good faith in providing documentation as to where these monies were delivered, IF delivered. I called on XX/XX/XXXX to request documentation. I was initially told documentation takes 1-2 business days. I called on XX/XX/XXXX, in the same conversation, the representative told me documentation takes 1-2 business days, 2-3 business days, and 3-5 business days. I called XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. No one can tell me why the funds have not arrived, where the funds are, or when I'm going to receive documentation regarding these claims. The XXXX transactions total {$7600.00}. This does not include 2 additional transactions that I have not filed claims for. Attached are my bank statements for XXXX. The noted transactions did not arrive to the recipient.
Company Response:
State: NY
Zip: 10461
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am writing this complaint to Capital One. I sent them a letter regarding the inaccuracies in my report such as date of last activity, date opened, date reported, payment status etc. They took more than 30 days to complete the investigation and they claimed that they did a thorough investigation. However when I checked my report, I did not see any changes made at all. The inaccurate information are still reporting. My rights has been violated numerous times. 15 U.S.C 1681 section 602 A. States that I have the right to privacy. 15 U.S.C 1681 section 604 A Section 2.
Company Response:
State: CA
Zip: 91604
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: It has been brought to my attention that there are Billing Errors with my Auto Loan with Capital One Auto Finance per 12 CFR Part 1026 ( Regulation Z ). I have reached out to them to correct the matter several times and have not received any correspondence back. There was lack of Full Disclosure, Deception, Deceit, Fraud and Racketeering. I sent a billing error dispute resolution with cover letter, cease and desist, affidavit of truth, exhibits and certified mail receipts. Fact, I am a federally protected consumer and holder in due course pursuant UCC 3-306. Fact, the account in question was opened in XXXX, XXXX, with, CAPITAL ONE FINANCIAL CORPORATION, using my personal identification and credit card information as defined in XXXX U.S.C. 1602 ( l ). Fact, an account pursuant 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. Fact, since opening the account in question in XXXX of XXXX, I have paid a monthly bill to CAPITAL ONE FINANCIAL CORPORATION, online, using my personal debit card information. Fact, I, the affiant, have received several statements including the subject matter of an attempt to collect an alleged debt for Account number XXXX. Fact, I, the affiant, have reason to believe and do so believe that all past, present, and future billing statements received by CAPITAL ONE FINANCIAL CORPORATION are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened XXXX XXXX XXXX. Fact, I, the affiant, am aware that CAPITAL ONE FINANCIAL CORPORATION, failed to provide me with the General Disclosures which are requirements pursuant 12 CFR 1026.17 and is a violation of said section. Pursuant to 12 CFR 1026.13 - Billing Error Resolution I, XXXX XXXX, dispute account number XXXX in the amount of {$33000.00}. I have submitted correspondence to CAPITAL ONE FINANCIAL CORPORATION to rectify this matter and it has yet to be resolved. Fact, I, the affiant, am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements. I'd like to access both the journal and credits of the account, as well as the ledger and debits of the account, in order to verify the current accounting and taxes related to this account. Please furnish documentary evidence in accordance with 15 U.S. Code 44 of record of accounts where CAPITAL ONE FINANCIAL CORPORATION awarded me, XXXX XXXX, with any payment pertaining to this alleged debt. Pursuant to 15 U.S. Code 1666b ( a ) Notice, it is a fact, affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account # XXXX. Until then, CAPITAL ONE FINANCIAL CORPORATION can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ). Pursuant to 15 U.S. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute. Notice, it is fact affiant is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S. Code 1666 ( e ). Fact, I, the affiant, hereby invoke my right as a consumer to withhold all past, present, and future disputed amounts pursuant 12 CFR 1026.13d ( 1 ). Fact, I, the affiant am aware, that, CAPITAL ONE FINANCIAL CORPORATION as the creditor may not collect any disputed amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by CAPITAL ONE FINANCIAL CORPORATION will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for CAPITAL ONE FINANCIAL CORPORATION for the actual damage caused to I, the affiant. Fact, I, the affiant am aware, CAPITAL ONE FINANCIAL CORPORATION, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. Fact, I, the affiant am aware, that, in accordance with 16 C.F.R. 433.3 CAPITAL ONE FINANCIAL CORPORATION is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as the affiant, may invoke his rights as the debtor in this consumer credit contract against CAPITAL ONE FINANCIAL CORPORATION for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX is exempt from 16 C.F.R. 433.3. Fact, in accordance with 15 U.S.C. 1666d, if there is a credit of account balance with surplus over {$1.00} dollar in accordance with the journal and ledger entries described in IRS Publication 583, the amount balance should be credited and the remaining balance directed to I, the consumer by check. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. Fact, I, the affiant, am aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Fact, CAPITAL ONE FINANCIAL CORPORATION shall follow the following procedures as defined pursuant 12 CFR 1026.13 ( e ) : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable ; and ( 2 ) Mail or deliver a correction notice to the consumer. I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from XXXX of XXXX, current, and future payments. Pursuant to 12 U.S. Code 5562 ( c ) ( 10 ) - Production of Document Material Notice, it is fact affiant is aware the consumer has the right to request the money audit trail. I am requesting this documentary material in accordance with 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter. Without this documentary evidence, there is no evidence of this alleged debt. Pursuant to 12 U.S. Code 1831n ( 2 ) ( a ) - GAAP Audit Trail, Accounting and Insurance Notice, it is fact affiant is aware the consumer has the right to request the GAAP Audit Trail in accordance with 12 U.S. Code 1831n ( 2 ) ( a ), and without this documentary evidence to properly address this subject matter, there is no evidence of this alleged debt. Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract that includes a waiver, condition or limitation for a debtor to assert rights for claims or defense against a seller is void. Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute as documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as I, XXXX XXXX, the affiant any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable and void Notice in fact a contract has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence. I the affiant has reason to believe and do so believe CAPITAL ONE FINANCIAL CORPORATION has failed to meet all requirements established in 16 C.F.R. 433.2 ( a ). Fact, without an affidavit response with a rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and I will file fault judgment in the favor of the interest of I the consumer, holder in due course, attorney, and administrator in fact. Fact, I, the affiant am aware, an unrebutted affidavit stands as truth in commerce. Fact, I, the affiant, am invoking my rights pursuant to 15 U.S.Code 1692c ( c ), I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein. Furthermore, CAPITAL ONE FINANCIAL CORPORATION used my open-ended credit plan in accordance with 16 C.F.R. 433.2 ( a ) to furnish which furthermore proves they did not extend credit to me in regard to this alleged debt. Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt. Notice it is fact that I the affiant am aware that the false character of the amount of this alleged debt is in violation of 15 U.S. Code 1692e ( XXXX ) ( a ). XXXX has proof of this violation as CAPITAL ONE FINANCIAL CORPORATION alleges I owe an alleged debt, yet the account shows the billing in a positive amount. How can I pay into an account which is already positive? This is in violation of TILA. Pursuant to 18 U.S. Code 8 - Obligation or Other Security of the United States Notice in fact that affiant is aware that all obligation of debt is the responsibility of the United States. I have included a copy of the bill as proof of a billing error. See Exhibit 1. Should there be dishonor in the aforementioned requested documentation by way of unrebutted affidavit, failure to disclose requested documents or failure of response, and the particular requests to rectify any fault by CAPITAL ONE FINANCIAL CORPORATION herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. However, I do in good faith expect you to handle these matters with ordinary care to address all subject matter. California Rule California, in the minority of states, applies the mailbox rule to option contracts as well. In Palo Alto v. BBTC Co., 11 Cal.3d 494 ( 1974 ), the Court held, In California the effective upon posting rule has received legislative sanction and is the declared policy of this state. As previously explained, when the notice of exercise of the option is viewed as an acceptance of an irrevocable offer, such notice is clearly covered by section 1583. Notice to Agent Noti ce Knowledge U.C.C. 1-202
Company Response:
State: CA
Zip: 920XX
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: I disputed a {$25.00} balance on a closed credit card account to Capital One on XX/XX/2023 in a letter to its Dispute Dept. in XXXX XXXX XXXX, paid the undisputed amount, and have yet to receive any reply ( by XX/XX/2023 ). Capital One has had more than 30 days to confirm having received the letter, and it has not yet done so. Although I do not have to pay the disputed amount while this dispute is pending, Capital One nonetheless charged me a {$29.00} late fee and a {$0.00} interest charge in XXXX, XXXX. Capital One later reversed the {$29.00} late fee and {$0.00} interest charge on XX/XX/2023 after I complained to the CFPB, but the unaddressed, original {$25.00} charge remains on the closed account. Capital One will now charge me another {$29.00} late fee on XX/XX/2023 plus interest, when I fail to pay the disputed {$25.00} balance.
Company Response:
State: NJ
Zip: 07901
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: capital one does not allow you to pay off cash advance balances. on their back end, they treat it as two accounts and allocate payments to the lowest APR account first, then remaining balance to cash advances. interest on these are billed separately. the consumer has to treat the card as one single account, and do not have the same ability they have to allocate payments. the consumer can only submit money and let their system allocate it in the most profitable way possible. they effectively create an account that has no way to be paid off until the entire balance is paid in full. i have called them and was told by two seperate supervisors that i need to pay the full balance on purchases in for my payments to start effecting the cash advance balance. this creates an interest charge that can not be paid off until the whole card is paid off. this is a predatory practice to shuffle funds around and allow fees and interest to continue to accrue with zero options other than to pay the interest i cant touch for the life of the account.
Company Response:
State: WA
Zip: 98144
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-16
Issue: Trouble using your card
Subissue: Credit card company won't increase or decrease your credit limit
Consumer Complaint: I have been with Capital One for their credit cards since XXXX. I have received one credit line increase for {$100.00} and have requested a credit line increase once every year for the last 3 years. I have been denied ever since XXXX, I have never been late, I have paid before the due date and over the minimum amount due for years. Each time I have requested an increase they have used different excuses to deny me. I requested another credit line increase in XXXX of XXXX. When speaking with the supervisor, I questioned on why I was denied a limit increase and even she couldn't understand the denial when she read over my credit history with this financial institution. Not only do I have a credit card account, I have a checking and savings account with them. As previously mentioned, I have made payments in a timely manner, above the minimum amount due. The payment due date of the card is the XXXX of each month. When I make the call to Capital One to make a payment, usually on the XXXX or the XXXX of the month, they are instructed to contact my personal bank to get the funds to make the payment. This is how I know that my payments are on time, and I have my statements as well. There is no justification as to why I have not received more credit line increases. This matter needs to be investigated further. Especially when I have another card with my personal bank and was successful. I also, noticed on my credit report Capital One has reported three late payments to the credit bureaus.
Company Response:
State: OH
Zip: 454XX
Submitted Via: Web
Date Sent: 2023-03-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A