Date Received: 2023-12-20
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In accordance with the Fair Credit Reporting Act Capitol one has violated my rights under XXXX XXXX Sec XXXX States i have the right to privacy XXXX XXXX XXXX Sec XXXX XXXX It also states a consumers report agency can not furnish an account without my written instructions. Under XXXX 's XXXX a creditor XXXX not treat a credit card account under an open-end consumer credit plan as late for any purpose.
Company Response:
State: TX
Zip: 780XX
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Repossession
Subissue: Loan balance remaining after the vehicle is repossessed and sold
Consumer Complaint: I Wrote Capital One bringing to there attention a series of actions by Capital One Auto Finance that I believe contravene several key statutory provisions, resulting in a severe impact on my ability to provide housing for my family and fulfill familial responsibilities. Specifically, these actions involve the involuntary repossession of my vehicle, the dissemination of false and deceptive information on my credit report, and violations of 15 USC 6805, 15 USC 1681, and 16 CFR 313.7. Capital One 's purported violation of 15 USC 6805 and 15 USC 1681 is evident in the inaccurate, false, and misleading information reported on my credit report. This not only undermines the integrity of my credit profile but also constitutes a breach of statutory obligations. Furthermore, the reporting of the incident as a charge off is of great concern, as charge offs are considered certificates of indebtedness, triggering 1099-C ( cancellation of debt ). According to established principles, such cancellations result in income, and income can not be reported to a credit bureau. This adds a layer of complexity to the matter and further emphasizes the need for immediate resolution. In addition to the aforementioned violations, it appears that Capital One may have contravened 16 CFR 313.7 by engaging in practices that hinder my ability to provide a home for my family. Moreover, the invocation of my Right to Opt Out, in accordance with the Fair Credit Reporting Act, has not yielded any response or discernible results, raising concerns about compliance with Federal Trade Commission guidelines, which mandate the dissemination of information only with explicit consumer consent. Notably, the Privacy Act of 1974 ( 5 U.S. Code 552a ) appears to have been violated in the process, necessitating urgent attention to rectify these matters. I request an expeditious and comprehensive investigation into these allegations, with a detailed response outlining the corrective actions taken. Additionally, I seek clarification on the resolution of my Right to Opt Out request. Immediate attention to these matters is crucial, and I anticipate a swift resolution to mitigate any further legal consequences.
Company Response:
State: IL
Zip: 62221
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: That on XX/XX/2023 I sent a written notice to Capital One Auto opting out of credit reporting. Capital One Auto has yet to respond to my demands.
Company Response:
State: MD
Zip: 20646
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
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: Back in XX/XX/2023, my Capital one credit card had two charges I did not recognize. I contacted Capitalone, They removed the charges and issued me a new credit card. With my new credit card several months later, there were two charges on my statement again. The same billing name.However this time when I contacted Capital one they issued me a new credit card but said I am responsible for the lasted charges of XXXX So I canceled my capital one account. They are harassing me and the new charges are up to {$180.00} ( FYI I payed are other charges that I am accountable for in full and on time as my credit score is over XXXX ) Capital one wants to ruin my 50 year of great credit that I'm proud of. My only credit card I have left is XXXX they also were able to find this account # and I was hacked again. XXXX was more empathic, issued me a new card and wave fraudulent charges. Now I'm afraid to use my credit cards. I'M feeling frustrated and criminalized. and no one will help me. Thank You XXXX XXXX if you need to contact me you can also speak to my son XXXX XXXX, As I go to a lot of XXXX appointments. ATTACHED IS POLICE REPORT I MADE AND DOCS AND LETTERS WITH NO SOULATION!!!!!!!!
Company Response:
State: NJ
Zip: 08002
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: Capital One has charged off my credit card. I am aware that a charged off line of credit becomes a certificate of indebtness which means it is income and must be removed. The law says it is illegal to report transaction history, finable at {$1000.00} per violation. Capital One has reported since XX/XX/XXXX which not only permits the {$1000.00} per violation but also pain and suffering damages. Furthermore, under the Fair Credit Reporting Act information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. I also have the right to Opt Out under 16 CFR 313.7 deriving authority from 15 USC 6801. Also, under 16 CFR 433.2 ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. The account with Capital One was an open-ended credit line and the credit application became a security the moment my signature was obtained. Capital One is also in violation of the Securities Exchange Act of 1934 for the sale of my security on the secondary market.
Company Response:
State: NC
Zip: 28546
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I notified the company that is reporting this inaccurate information information that is not mine and the furnisher has not responded. I also contacted the credit reporting agencies reporting this information which is XXXX who sent me a response but it didn't mention anything about a verification, only that they would contact the company reporting this information and XXXX never responded.
Company Response:
State: TX
Zip: 76034
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: In XXXX of XXXX closed both of my accounts, Capital One issued billing statements which by their Filed Pursuant to Rule 424 ( b ) ( 5 ) Registration no. XXXX, under the Securities Act of 1933 was a debt security in a bearer form and will have interest coupons attached, which I tried to use on my accounts. Based on their own guidelines " Bearer form '' securities are payable to whomever physically holds them. I had returned the debt to securities to Capital One for payment and crediting my revolving account. Instead, Capital One closed my account annotation restricted and zero out my available credit line and made negative reporting to the credit reporting agencies. Pursuant to the requirement of the Securities Act of 1933, as amended, Capital One Financial Corporation had certified it meets all the requirements on filing Form S-3 Registration Statements. These procedures are also listed in the applicable prospectus supplement. This was a false statement and a misrepresentation of its banking practices. I have become very aware of the power and duties of the bank and that my credit applications, a consumer credit transaction. According 12 U.S. Code 1431 - Powers and duties of banks is to borrow and give security therefore and pay interest thereon, to issue debentures, bonds, or other obligations upon such terms. I now have gained knowledge on how this whole process works. I understand that I performed poorly due to knowledge at the time of the opening of these credit card accounts. I do know that I am a minor within this account due to me not taking full qualification of my securities within the DTC. I also am aware that I am giving a definitive paper form ( dividends ) certificate of indebtedness, billing statement / coupons to use towards the payments of interest on this account. That can be special endorsed and used as a tender instead of FRNS according to the Bill of Exchange Act. A credit transaction is prepaid and can only be paid with interest which is technically the trustee/ bank duty and liability. Credit equivalent form is credit ( securities ). Also, I know Capital One go to the Federal Reserve window ( FR 2046 ) to receive my credit through my Treasury Direct, DTC linked account as my custodian and co-owner using a firm name which is my given name. So why is Capital One still asking for a debt that has been prepaid and also has received great revenue off of my accounts. I am supposed to be the issuing agent or paying agent due to my unlimited use of credits within securities. Capital One has been making them self-co-owner and receiving what's rightfully due to me. Capital One is in violation of the following United States Codes : 15 U.S. Code 78ff - Penalties, ( a ) Willful violations ; false and misleading statements ; ( b ) Failure to file information, documents, or reports; ( c ) Violations by issuers, officers, directors, stockholders, employees, or agents of issuers. 18 U.S. Code 1348 - Securities and commodities fraud, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. 18 U.S. Code 1341 - Frauds and swindles, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses. 18 U.S. Code 1348 - Securities and commodities fraud, Whoever knowingly executes, or attempts to execute, a scheme or artifice ( 1 ) to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o ( d ).
Company Response:
State: MO
Zip: 655XX
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: CapitalOne solicited me for opening a credit card account with them through my Walmart XXXX account. I was previously using my personal XXXX XXXX XXXX XXXX to effect payments to walmart. CapitalOne approved my credit card and later sent the physical card to me. XXXX days after approving my credit card I received a call from someone in the XXXX that I had difficulty understanding because of their poor accent in the XXXX language and because I wear hearing XXXX often. They required me to send them a copy of my Driver 's licence and in addition to that required me to send them a copy of my Social Security Card. I refused and they told me that my account was therefore placed on suspenion. I continued to operate with my XXXX platinum to pay for my walmart XXXX online purchases. However and unknown to me XXXX charge for a povidone iodine order totalling {$28.00} was charged somehow to the suspended card ending in XXXX. I never espected that a suspended credit card. Last week on or about XX/XX/2023 I received an invoice from Capital One stating that I owed them almost {$100.00} for this {$28.00} purchase which included late payment penalties interests and who knows what else. I spoke to a manager at Capital One who stated that she would remove all penalties and interests and just leave the {$28.00} charge. I Received an email from XXXX and XXXX today stating that I had received a negative report from Capital One. I called them again. Asked for a supervisor. Was placed on hold. A supervisor named XXXX, refused to give me her last name, came on line. Half an hour later she again asked me to provide her with a copy of my driver 's license and a copy of my social security card. I refused and asked her to close my Capital One Walmart account and completely remove me from all unsolicited email lists from capital One. She said that she could not guarantee that and that my account with them even though closed would continue to accrue penalties and interests and be reported as unpaid. Please help me. I [ m XXXX years of age and my wife is XXXX. We atre both retired living the last part of our lives in peace, or trying to. Thanks in advance for any help you XXXX afford us.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: I Purchased back massager machines from " XXXX XXXX '' and the charge went to my Capital One XXXX. XXXX is defective. Contacted company stating machine is defective and I wanted to return it. The company stated they would not accept the return and instead wants to repair the machine. Company provided proof of delivery to Capital One and Capital One closed my dispute. See VISA rules print out from " XXXX XXXX XXXX for XXXX '' printed by XXXX. Reason code # XXXX states for a defective item a merchant is not allowed to assert return policy or warranty policy and must accept the return. I have a valid chargeback and Capital One wrongly closed my case in violation of my chargeback rights and VISA rules. I have attempted to return the item and the merchant has refused the return. Merchant response only states they will offer warranty service. VISA rules do not allow a merchant to avoid a chargeback by offering warranty repairs.
Company Response:
State: MN
Zip: 55448
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-20
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: I have made multiple attempts to have capital one stop furnishing accounts that they closed due to reporting a credit billing error. Its illegal to close my accounts and continue to collect payments while in a billing error status! I feel like im being extorted! I have been charged late fees and have continued to be billed! Violations of 15 USC 1666 ( b ) ( 2 ), 15 USC 1666 ( e ), 15 USC 1666a, and 15 USC 1666 ( b ) ( a )!. Also violations of federal regulations 12 CFR 1026.13 ( d ) ( 2 ), 1026.13 ( d ) ( 3 )! The CFPB continues to close my accoutns with no resolution in favor of me the consumer! These are the laws and the federal regulations that have been ignored! I have attached each prior complaints and the responses from capital one disregarding the LAW! I WANT THESE ACCOUNTS TO DISCONTINUE BEING FURNISHED ON MY CONSUMER REPORT! CAPITAL ONE DID NOT FOLLOW THE STATUTES OR REGULATIONS PROVIDED BY THE FEDERAL GOVERNMENT! ITS RIDICULOUS! CAPITAL ONE CAN NOT RESTRICT OR CLOSE MY ACCOUNTS WHEN A CONSUMER REPORTS A BILLING ERROR, THEY DID. THEY CAN NOT CONTINUE TO COLLECT PAYMENTS, THEY DID! THEY CAN NOT CONTINUE FURNISHING THESE ACCOUNTS TO THE CREDIT REPORTING AGENCIES DURING A BILLING ERROR DISPUTE, THEY DID! SOMEONE PLEASE EXPLAIN WHY CAPITAL ONE DOES NOT HAVE TO ABIDE BY THESE EXACT LAWS AND REGULATIONS! I EXTENDED MY CREDIT AND HAVE BEEN UNABLE TO BENEFIT FROM IT! I HAVE ATTACHED AN INTENT TO SUE LETTER WITH ALL EVIDENCE OF CAPITAL ONE BEING WILLFUL AND KNOWINGLY FURNISHING THESE ACCOUNTS WHILE DISREGARDING THE LAW! THEY REFUSE TO SAY EXACTLY WHAT " BEHAVIOR '' WOULD SUPERSEDE FEDERAL REGULATIONS ALLOWING CAPITAL ONE, BY LAW, TO CLOSE MY ACCOUNTS AND CONTINUE TO COLLECT PAYMENTS, AND FURNISH THE ACCOUNTS ON MY CREDIT REPORT! AND RESTRICT ACCESS TO MY RIGHT TO MY OWN CREDIT!
Company Response:
State: GA
Zip: 30044
Submitted Via: Web
Date Sent: 2023-12-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A