CAPITAL ONE FINANCIAL CORPORATION

2019-06-21

Castaic, CA

Improper use of your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Credit inquiries on your report that you don't recognize
Company Response: Closed with non-monetary relief

Timely Response

2019-06-21

New Bedford, MA

Fees or interest

Credit card or prepaid card: Store credit card

Problem with fees
Complaint: Dear Manager, I am notifying you of issues with the information on my credit report. I am curious as to how you are allowed to report this information. With a little research, I found out that I have some rights in place. This letter will serve as a formal dispute under FACTA section 312. This law gives me the right to dispute my credit information directly with you instead of dealing with the run-around that happens when someone goes to the credit bureau. Please take note that I have already dealt with the so called investigation process that the bureaus claim to have completed. Nonetheless, I now wish to exercise my rights to dispute this account directly with you. I would like to dispute the inaccurate reporting of the above account. Please verify the following : That all balances and amounts are reporting correctly. That all dates are reporting correctly and that any prior pay history you are reporting is correct Please remove this account from my credit report immediately! It has caused quite bit of damage. I want to point out that you are legally liable for any erroneous information as decided in XXXX XXXX. XXXX XXXX. This case set a legal precedent that a consumer can sue you for reporting inaccurate information on their credit report. I demand that you remove this account immediately. Should this account not be taken care of, my next step will be to file complaints with the FTC, XXXX, State Attorney General, and any other place I can think to file a complaint. I trust this matter will be handled promptly. Thanks for your prompt attention to my concerns, Sincerely yours,
Company Response: Closed with explanation

Timely Response

2019-06-21

Surrey, ND

Problem with a purchase shown on your statement

Credit card or prepaid card: General-purpose credit card or charge card

Card was charged for something you did not purchase with the card
Complaint: On XX/XX/XXXX, XXXX charged my account six times ( {$20.00} each time ), and now they are charging {$1.00} today three times. Capital One has locked my charge. I haven't used the card since XX/XX/XXXX when I was in XXXX XXXX, SD at a hotel. My charge card is locked up when I don't use it.
Company Response: Closed with explanation

Timely Response

2019-06-21

Newark, NJ

Problem with a purchase shown on your statement

Credit card or prepaid card: General-purpose credit card or charge card

Credit card company isn't resolving a dispute about a purchase on your statement
Company Response: Closed with monetary relief

Timely Response

2019-06-21

Phoenix, AZ

Problem with a purchase shown on your statement

Credit card or prepaid card: General-purpose credit card or charge card

Credit card company isn't resolving a dispute about a purchase on your statement
Company Response: Closed with explanation

Timely Response

2019-06-21

Vancouver, WA

Problem when making payments

Credit card or prepaid card: General-purpose credit card or charge card

Problem during payment process
Company Response: Closed with explanation

Timely Response

2019-06-21

Columbia, SC

Managing an account

Checking or savings account: Checking account

Banking errors
Complaint: I needed to move money to my house mate. Despite using XXXX with another bank I am limited on capital one. I only could only send small increments or XXXX would put a hold on the funds. I tried sending XXXX XXXX dollars and it wad held so long i had to call to have the transfer cancelled. After that hangup i started just sending smaller amounts ( which was very inconvenient ). All of this was happening around the time XXXX was " officially '' malfunctioning. Since I had to break up transfers it made there be more of them. Some where in there XXXX or Capital One mishandled a {$100.00} XXXX payment to my house mate. Over 2 months later out of no where I receive an email stating a withdrawal was started for {$100.00}. I called immediately to find out who was trying to take money. CAPITAL ONE told me they had no idea. After multiple calls, all saying they had no idea what was going on ; they told me to call back the following day ( which would be after my overdraft grace period ). After the charge and overdraft hit my account I was then told this was due to a XXXX error. No fee was waived. I was offered to put in a ticket to investigate the issue ( which is pointless when all of this was done behind the scenes, I was never alerted prior so I could resolve it ). The investigation of found no issue on their part and they referred me to XXXX. This type of behavior needs to be looked into. It's one thing to have a glitch with a company you partner with but it's not fair to then charge customers a service fee for a glitch. Especially when numerous calls were made in prior to posting to resolve this.
Company Response: Closed with monetary relief

Timely Response

2019-06-21

Miami, FL

Other features, terms, or problems

Credit card or prepaid card: General-purpose credit card or charge card

Other problem
Company Response: Closed with monetary relief

Timely Response

2019-06-21

Turlock, CA

Attempts to collect debt not owed

Debt collection: I do not know

Debt was result of identity theft
Company Response: Closed with explanation

Timely Response

2019-06-21

VA

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account information incorrect
Complaint: Capital One credit card services is reporting to all 3 credit agencies late payments, open balances and incorrect address / contact information. Card was issued to a corporation not me personally. All payments, statements, credits all transactions were between the business and Capital One. I never guaranteed the debt or made the charges on the statement. Capital One refuses to admit the business is closed and wants to damage my credit score. Debt collection agency realizes the charges are not mine and refuses to collect the debt. Capital One ignores all phone calls period.
Company Response: Closed with explanation

Timely Response

2019-06-21

Gloucester City, NJ

Closing an account

Checking or savings account: Checking account

Funds not received from closed account
Company Response: Closed with explanation

Timely Response

2019-06-21

Tarzana, CA

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account information incorrect
Complaint: My compliant is against Capital One bank, account # XXXX, date open XX/XX/XXXX, account status open. On XX/XX/XXXX. I sent a dispute letter so that Capital One bank can investigate on a 30-day late payment back on XX/XX/XXXX, which they did and decided to leave the 30-day late payment in my reports. When I contact them I was told that sending proof of my hospital stay that late payment was going to be removed from my report, I sent all the required documents to Capital one and they decided not to remove late payment. This is an unfair business practice and Capital One is not being reasonable with a client that has been loyal to them since years back. I also didnt receive any notice of late payment insertion required by California Credit Reporting Act, which it is a clear violation to the FCRA. Im attaching letter sent back on XXXX and request Capital One to reconsider removing 30-day late payment from my reports.
Company Response: Closed with explanation

Timely Response

2019-06-21

Atl, GA

Managing an account

Checking or savings account: Checking account

Deposits and withdrawals
Company Response: Closed with explanation

Timely Response

2019-06-21

Kingsport, TN

Problem with a purchase shown on your statement

Credit card or prepaid card: General-purpose credit card or charge card

Credit card company isn't resolving a dispute about a purchase on your statement
Company Response: Closed with explanation

Timely Response

2019-06-21

Alexander Mills, NC

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Company Response: Closed with non-monetary relief

Timely Response

2019-06-21

Turlock, CA

Attempts to collect debt not owed

Debt collection: I do not know

Debt was result of identity theft
Company Response: Closed with explanation

Timely Response

2019-06-21

Montrose, CA

Attempts to collect debt not owed

Debt collection: I do not know

Debt was result of identity theft
Company Response: Closed with explanation

Timely Response

2019-06-21

Brooklyn, NY

Problem with a purchase shown on your statement

Credit card or prepaid card: General-purpose credit card or charge card

Credit card company isn't resolving a dispute about a purchase on your statement
Company Response: Closed with monetary relief

Timely Response

2019-06-21

San Francisco, CA

Other features, terms, or problems

Credit card or prepaid card: General-purpose credit card or charge card

Problem with customer service
Complaint: I tried to make a payment on time after logging on to Capital One 's web site. An error appeared with instructions to 'try later '. I followed the instructions and made the payment later. Capital One marked the payment late. I complained and Capital One apologized and refunded the late fee. I have demanded Capital One remove their internal or poroprietary record that contains what they claim is a late payment. I have phoned and emailed Capital One multitudes and they keep telling me the fee was refunded. I want written acknowledgement from Capital One that there was no late payment made, and that their faulty web site gave me instructions after an error. Capital One keeps mentioning the Fair Credit Reporting Act and the refund. This has nothing to do with any report to any of my credit files. Capital One refers to a 'late payment ' when I request account adjustments or credit increases.
Company Response: Closed with explanation

Timely Response

2019-06-21

Clayton, MO

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Information belongs to someone else
Complaint: There's an account ( Capital One ) limit XXXX on credit report inwhich I'm an authorized user but I have no idea who or why I'm added on there, please remove this account from my credit report.
Company Response: Closed with non-monetary relief

Timely Response

2019-06-21

Pikeville, NC

Incorrect information on your report

Credit reporting, credit repair services, or other personal consumer reports: Credit reporting

Account status incorrect
Complaint: last year around XX/XX/2018-XX/XX/2018 an account with capital one quicksilver account was shown to be delinquent/ charge off on credit card which was incorrect. the information that i receive in an billing statement showed where the payment was suppose to be mailed to ; which i followed then all of a sudden the account never was updated as being on-time, i spoke with the region supervisor about finding out if someone was fraudulent about updating my account. no, response occur over the duration because i had to contact the post office to see where the mail was delivered on time, and contact XXXX XXXX to put a trace on the money orders which took 3months to complete!! capital one was hesitant instead and wanted myself too pay off account which was due {$300.00}. i said i would like to know where did my payments go and why did they not inform myself after the 1st payment was missed? they did not elaborate any more about my account and closed it without my consent or nothing. it was shown being charged off, then paid off 3months later.
Company Response: Closed with explanation

Timely Response

2019-06-20

CT

Problem with a credit reporting company's investigation into an existing problem

Credit card or prepaid card: General-purpose credit card or charge card

Their investigation did not fix an error on your report
Complaint: Capital One has responded I see, and with considerable documentation. The documentation they have provided is, in fact, hearsay documentation. They have provided no affidavits to attest to the accuracy of this information. They have taken a month and a half to produce this packet of information, flawed as it is, yet have already stated this purported debt was verified to place on my credit report files and were able to determine the data on those files was accurate before apparently having these files at hand. A large business such as Capital One, particularly with the modern age of high tech computers and massive data filing storage capability should have had that information on hand if this case was as cut and dry as they are purporting it to be, particularly when they furnish information to the credit bureaus stating that the data is verified. As I stated in my last complaint, this presumptive action demonstrates deceptive acts to the consumer as under the guidelines of the Unfair, Deceptive or Abusive Acts or Practices. This documentation states that Capital One turned the alleged account over to XXXX and XXXX, a debt Collection law firm notorious for Unconscionable activities. Any contract that this alleged account may have stemmed from should be rendered void to begin with due to the violation of 15 USC 6801, regarding the protection of nonpublic personal information in handing personal information over to a company as devious and with as sordid a track record as XXXX and XXXX has. XXXX and XXXX is notorious for engaging in robo-signing scams with documentation and sewer service with court cases. They have been sanctioned by the courts many times for their conduct. Their preferred business model seems to be a preference to obtain default judgments by any means necessary with no regard to the rights of their victims. XXXX and XXXX are, as per the 1995 XXXX XXXX XXXX holding by the Supreme Court, Debt Collectors and therefore answerable to the Fair Debt Collection Practices Act. They have a frequent and well-documented history of not working within the confines of that minor inconvenience to them. They failed to follow the 1692g requirement. I would have demanded validation otherwise. XXXX and XXXX has claimed to the person they were allegedly in contact with at Capital One that they followed all applicable laws and regulations in the handling of the account. Clearly, that statement alone, as I point out over the course of this dispute, is a violation of 1692e for false or misleading representations. I have not seen their evidentiary paperwork constituting whatever case they may have tried to make against me but if they were the same documents Capital One has forwarded in the pdf sent with the recent complaint response, they were little more than hearsay evidence, not even holding up to a standard for judgment as outlined in a case like XXXX v XXXX XXXX XXXX, particularly the element listed therein that set forth a requirement demanding copies of all extrinsic documents referred to in the consumer credit agreement as well as proof of a good faith effort to locate their target rather than what seems to be their standard of relying on sewer service. Furthermore, the NY case, XXXX v XXXX demonstrates the requirement to produce the chain of assignment showing that XXXX and XXXX had the right to sue and were able to prove their standing. That brings me to the alleged judgment that the enclosed pdf file states was entered against me in the document provided by Capital One. I was never notified at the time of this judgment being rendered at the time it occurred, violating any law requiring notification of such an action. Upon recently learning that there was a judgment entered against me, I mailed two letters to the XXXX XXXX that the judgment was alleged to have been entered in requesting details on the documentary evidence provided in the case, the identity and qualifications of who even signed off on the judgment, details that were not provided on the website, that persons familiarity of the facts and accuracy of provided details and that they could attest to those elements rather than engaging in the robo-signing that has been all too frequent in NY, basically whether that person followed the letter of the law in NY CPLR 3215. The court chose to ignore my letters, choosing to deny me the due process that I am entitled to as per the Fifth and Fourteenth Amendments of the US Constitution. Due diligence was sorely lacking. I only learned the name of the person who signed off on this case upon receiving the pdf enclosed with Capital Ones response. Of course by denying my due process rights this court failed to state whether this clerk followed stated court procedure, whether the process of filing an Inquest was followed in not having a complete sum certain provided, Capital One states in their pdf response that their retention policy prevents them from providing seven years of documentation, thereby not attaining an accurate sum certain, if the rest of the hearsay documentation was even accurate. This court has not demonstrated any proof of having conducted itself in any manner respecting the rights of the consumer, Im picturing stacks of papers to be robo-signed by a clerk in a hurry to move to the next task. Without proof as to the legitimacy of this judgment, aside from its now jurisdictional defects, it is essentially a void judgment, not worth the paper its printed on. As stated in the case, XXXX v California, The state can not diminish the rights of the people. Capital One complies with all laws and regulations, this the statement thats provided in the pdf file letter defending this companys standing in this matter. Aside from all of the previously documented aspects of them and their agents, in this case, XXXX and XXXX, they are obligated to comply with 15 USC 1681s-2 ( a ) ( 7 ) ( A ) ( i ), when furnishing adverse/negative information to a consumer reporting agency. They have been actively engaged in furnishing this negative information for a considerable amount of time. They have a duty to provide to the consumer a written notice prior to, or no later than 30 days after, furnishing the adverse information to the bureaus. I have yet to receive any such notice from Capital One and the time has long since passed for doing so, putting them in violation of the law. There are many flaws in this whole alleged account that should warrant the whole thing unconscionable. This companys action here demonstrates a method of business practice contrary to the concept of good faith and fair dealing. Of course I expect that theyll defend their actions with another round of plausible deniability and maybe some hearsay documents.
Company Response: Closed with explanation

Timely Response

2019-06-20

Columbia, SC

Problem with a purchase shown on your statement

Credit card or prepaid card: General-purpose credit card or charge card

Credit card company isn't resolving a dispute about a purchase on your statement
Complaint: When moving from XXXX to XXXX XXXX, XXXX XXXX XXXX did not follow a binding estimate and charged me an additional {$1200.00} after the truck was loaded. Because I felt in fear for my safety and the safety of my belongings ( the company had threatened to dump everything I owned out on the front lawn of my apartment complex or drive away with my things, never to be seen again ), I paid this extortion money with my Capital One credit card. I disputed the transaction with Capital One. XXXX XXXX XXXX provided the credit card authorization form I signed under duress and asked for the charge to be reapplied. I countered with multiple forms of documentation that what XXXX XXXX XXXX did was illegal, including where in the Code of Federal Regulations it says this. I also included a written statement from my mother that was there at the time I was extorted. Throughout my many calls and letters with Capital One, they routinely asked for a second opinion from another moving company showing that what they did was illegal. I uploaded more documentation on XX/XX/XXXX that stated I had contacted 10 different moving companies ( and provided their names and phone numbers ) and every single one said this was illegal and they wouldn't provide a second opinion letter. I filed a complaint with the New Jersey Attorney General 's Office of Consumer Affairs who forwarded my complaint to the Federal Motor Carrier Safety Administration who had jurisdiction and started investigating the extortion. Sometimes during my phone calls with Capital One, they said that they believed my case and that it was Visa that made the final decision. Each time I called Visa they said it was Capital One 's decision. Finally, on XX/XX/XXXX, a three-way call between Visa and Capital One had Capital One admit that it was them that made the final decision. Additionally, I was told that the reason they were closing my dispute case and reapplying the charge was because I had signed the credit card authorization form from XXXX XXXX XXXX agreeing to the additional charge. I countered that I did that only under extreme duress and that since what XXXX did was extortion, I should not have to pay.
Company Response: Closed with explanation

Timely Response

2019-06-20

Naples, FL

Trouble using your card

Credit card or prepaid card: General-purpose credit card or charge card

Can't use card to make purchases
Company Response: Closed with explanation

Timely Response

2019-06-20

Inglewood, CA

Managing an account

Checking or savings account: Checking account

Funds not handled or disbursed as instructed
Company Response: Closed with explanation

Timely Response