CAPITAL ONE FINANCIAL CORPORATION

2016-11-02

Clearwater, FL

Closing/Cancelling account

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Bel Nor, MO

False statements or representation

Debt collection: Credit card

Impersonated an attorney or official
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

NJ

Billing disputes

Credit card:

Complaint: Here is a copy of the complaint mailed to Capital One. On XXXX/XXXX/16 I disputed my charge with XXXX XXXX XXXX. I received two secure messages regarding the dispute, almost immediately. Printed copies are enclosed. On XXXX/XXXX/16, I received another secure message advising, verbatim - Unless the merchant resubmits the charge within 45 days of the date of this letter, we consider your case closed. If this occurs, we 'll notify you and may re-bill your account for the amount of the credit. Please keep all documentation related to this dispute for 90 days. Again, a printed copy is enclosed. On XXXX/XXXX/16, we received another message, stating that the merchant resubmitted the charge, with proof. Here is where the problems arise. XXXX/XXXX/16 through XXXX/XXXX/16 is 73 days. 52 Business days. This was WELL beyond the 45 days, so I initiated an online chat on XXXX/XXXX/16 to find out why. I chatted with XXXX. I asked outright - what date did the merchant rebill the charge. He said I was rebilled on XXXX/XXXX/16. I reiterated, asking if XXXX/XXXX/16 was the actual date. He said yes. I explained the issue. With that, the chat ended fairly quickly - printed copy enclosed. On XXXX/XXXX/16 I received mailed letter of documentation from Capital one. All correspondence is dated XXXX postage stamp is dated XXXX/XXXX/16. Unfortunately, the rebuttal from XXXX XXXX XXXX is all dated XXXX/XXXX/16. I was advised, as written above, if this occurs, we 'll notify you and may re-bill your account for the amount of the credit. Is your turn around time normally 63 days, 45 working days from the merchant 's response? Is that how it works? If so, why do you claim 45 days from date of this letter?
Company Response: Closed with monetary relief

Disputed: Yes Timely Response

2016-11-02

Silver Spring, MD

Billing disputes

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Boise, ID

Other fee

Credit card:

Complaint: I have XXXX open credit cards with Capital One. They have been open for about 10 years. I have never had a late payment on either. I have been receiving annual fees on both of these cards. I decided to call Capital One to see if they could remove the Annual Fees. They refused. I then asked if I could at least combine the XXXX accounts into XXXX, and therefore only receive XXXX annual fee. They refused that as well. I asked if the only alternative they were giving me was to close the accounts and take a hit to my credit score, they confirmed that it was my choice. I have a credit score of XXXX ; I am a very responsible consumer. This is a good example of a very unfair and deceptive practice.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Oxford, GA

Problems when you are unable to pay

Consumer Loan: Vehicle loan

Complaint: I 'm late in payment, there is no dispute there. The problem is how late and the lies that I 've been told both by capital one auto and speedy recovery. I 'm 3 months late, which is no more than {$1000.00} past due including fees. The repo agent came to the door and I asked him if he had a replevin order. He said a writ of possession will be filed very soon and then he left. He also told me that the past due was {$1900.00} in range. I then called Capital One Auto. I was told that by their agent named XXXX that I was past due {$1400.00} at the time of the call and that it was scheduled to charge off that day, XXXX XXXX, by XXXX. I told her I had just started working and could make my payment in 3weeks. She said no, it will charge off by XXXX that day. She also said that XXXX XXXX said I told them they 'd have to go legal. I never said that. I asked if it was already legal, but after three months only -- I assumed it was not. I did n't have the money one week later, but another rep told me that it was not about to charge off at XXXX that day. And that the first rep had deceived me. Today, they continue. I received an odd vmail from what I believe is the repo company requesting I call back. I 've never called that number and do n't know any XXXX. I also received a call from Capital One on my vmail stating that the loan was charged ( the word " off '' missing ) and that they were moving forward ( after only 90 days ). It charges off at the 120 day mark which would be in this month, not last month. The abusive concepts and scenarios are amazing and shocking to me. They literally are creating precontext for dishonesty, abuse, and deception at a major bank and recovery company.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-02

Las Vegas, NV

Taking out the loan or lease

Consumer Loan: Vehicle loan

Complaint: I 'm XXXX-YEAR old, with XXXX and limited XXXX. On XXXX/XXXX/15, I bought XXXX XXXX XXXX at XXXX XXXX ( " XXXX '' ) in XXXX XXXX, NV. I got {$5000.00} dealer discount on it! I LIKED MY CAR VERY MUCH and drove it every day. I put {$15000.00} as a down payment, and XXXX arranged for the 1st CAPITAL ONE AUTO FINANCE ( " COAF '' ) auto loan. The loan balance was {$13000.00} financed at 1.99 % APR/48 MO. with Finance Charge {$550.00}. On XXXX, when I came to sign paperwork for a return of XXXX XXXX XXXX, I was PUSHED and MANIPULATED by XXXX floor manager to RETURN XXXX CARS : 1. my XXXX XXXX XXXX ( bought on XXXX ) and 2. the XXXX XXXX XXXX ( the only car I wanted to return and XXXX manager agreed with its return 2 days earlier ) TO WALK OUT WITH XXXX CAR ( XXXX XXXX XXXX ), while getting my {$22000.00} down payments fully accounted for in a new contract. Later, XXXX manager changed his mind from a new XXXX XXXX XXXX TO WALK OUT WITH the EXACTLY SAME, EVEN BETTER, XXXX XXXX XXXX, for a SLIGHLTY HIGHER MONTHLY PAYMENT around {$330.00}. ( A comparison to {$280.00} monthly payment on my XXXX XXXX XXXX bought on XXXX ). It was the ONLY FINANCIAL INFORMATION I received on XXXX! I was PUSHED and MANIPULATED into entering the contract WITHOUT a FULL DISCLOSURE of all financial terms and details of the transaction. Without seeing any DISCLOSURE MADE IN COMPLIANCE WITH TRUTH IN LENDING ACT, I ended with a misrepresented EXPENSIVE XXXX XXXX XXXX that I never wanted, having the 2nd CAPITAL ONE LOAN. The loan balance jumped to {$25000.00}, financed at 2.90 % APR/72 MO. with Finance Charge {$2300.00}. On XXXX, FK PUT my XXXX RETURNED CARS as TRADE-INS into the contract : a ) my 2-month XXXX XXXX XXXX ( bought for almost {$29000.00} ) that I never wanted to return got {$21000.00} TRADE-IN price, and b ) 22-day NEW XXXX XXXX XXXX ( bought for almost {$27000.00} ) got {$17000.00} TRADE-IN price. WITHOUT ANY DISCLOSURE of TRADE-INS, XXXX gave me only {$6500.00} ( Net Trade-in ) from my {$22000.00} cash down payments. CAPITAL ONE APPROVED the LOAN for XXXX XXXX XXXX with balance {$25000.00} financed at INCREASED 2.90 % APR/72 MO. to PAY OFF a ) COAF loan for XXXX XXXX XXXX with balance {$13000.00} financed at 1.99 % APR/48 MO. ( Capital One " paid '' to ITSELF ), and b ) XXXX XXXX XXXX loan for XXXX XXXX XXXX with balance {$18000.00} at 0 % APR/60 MO., with NEGATIVE EQUITY rolled over to the new COAF loan! CAPITAL ONE paid {$500.00} ( approx. 0.9 % APR 'MARKUP ' ) to XXXX XXXX for arranging the 2nd loan. On XXXX, I contacted COAF and explained that XXXX took advantage of me. I sent documents to COAF through online messages and kept COAF informed about a car 's location such as I REJECTED the MISREPRESENTED XXXX XXXX XXXX left at XXXX lot on XXXX and SENT its keys to XXXX. On XXXX, when I was at work, XXXX brought and left locked XXXX XXXX XXXX in my driveway. I got it towed to XXXX on XXXX. On XXXX, CAPITAL ONE sent me this message : " I did want you to be aware that by LEAVING THE VEHICLE AT THE DEALERSHIP at this point it would be considered a VOLUNTARY REPOSSESSION. The repossession could remain on your Credit Bureau Report for 7-10 years,... In addition, YOU WOULD BE LIABLE FOR ANY BALANCE LEFT OWING AFTER THE VEHICLE IS SOLD AT AUCTION.... It would be best to wait until the results of the outcome of the lawsuit that you are filling against the dealer. '' As of XXXX/XXXX/15, I WAS N'T LATE on my COAF auto loan PAYMENTS and I NEVER said I WOULD NOT PAY! Capital One DID N'T MENTION any contract provision, NV or fed. law based on which a REJECTED misrepresented car left at XXXX, while making payments, can be considered a VOLUNTARY REPOSSSESSION. On XXXX/XXXX/15, XXXX brought XXXX XXXX XXXX back to my driveway, because XXXX wanted to charge me STORAGE FEES! 1 1/2 YEAR LATER, I still pay {$380.00} monthly to CAPITAL ONE plus insurance for XXXX XXXX XXXX, STORED in my GARAGE, and AWAITING a TRIAL.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-02

Arco, CA

Billing statement

Credit card:

Complaint: Dear Sir or Madam : I am seeking your help to enforce Sec. 163 of the Credit Card Accountability Responsibility and Disclosure Act of 2009. I suffered monetary loss of {$96000.00} in higher interest payments that will occur over the life of my home mortgage from incorrect information reported by Kohl 's to XXXX, XXXX, and XXXX. I have disputed this information multiple times with Kohl 's, XXXX, and XXXX. While Kohl 's could not provide any evidence to prove that the information is correct, Kohl 's continue claiming that the information is correct. Kohl 's reported XXXX late payments to credit reporting agencies as shown in XXXX. XXXX : The late payment reported in XXXX XXXX. The late payment reported in XXXX XXXX. The late payments were inaccurate because Kohl 's does not have reasonable procedures in place to ensure that each periodic statement is delivered to me no later than 21 days before the payment due date. Kohl 's e-statement delivery system had not sent me any emails for billing statements in XXXX and XXXX. Though during the same period, I had received marketing emails from Kohl 's and Class Action Settlement emails. I had reported this problem to Customer Service and XXXX XXXX XXXX ( XXXX. XXXX ) and asked Kohl 's to send test emails ; however, Kohl 's did not have any reasonable procedures in place to resolve the problem. In a phone conversation with XXXX XXXX XXXX on XXXX/XXXX/XXXX, XXXX XXXX said that I could have checked the balance online, called Customer Service or gone to the store, and she made no attempt to check Kohl 's system. In another phone conversation with XXXX XXXX on XXXX/XXXX/XXXX, I informed her that XXXX XXXX XXXX had not sent me e-statements either but fixed the problem after I reported the problem to customer service. I also told her that I had received complaints from my company 's customers regarding not receiving e-statements as well. After diligent investigation, we found out that our company 's new system did not send e-mail notification to customers automatically when a billing statement was created. However, XXXX XXXX still did not conduct any investigation even though she did not have any evidence of sent emails. She closed the case based on that statements were created ( XXXX. XXXX ) and never responded to my requests for evidence of sent emails ( XXXX. XXXX ). In addition to problems with e-statements deliveries, Kohl 's also had problem with its automated calling system which I also reported to XXXX XXXX ( XXXX. XXXX ). From XXXX/XXXX/XXXX to XXXX/XXXX/XXXX, Kohl 's made 23 failed calls. I answered XXXX calls from XXXX but nobody was on the caller side. I received 19 voicemails from XXXX but the voicemails were only 1-2 seconds long and no messages were left. From XXXX/XXXX/XXXX - XXXX/XXXX/XXXX, I received 11 voicemails from XXXX and XXXX but again the voicemails were only 1-2 seconds long and no messages were left. Even though Kohl 's automated calling system failed, Kohl 's still did not check its e-statement delivery system. In a phone conversation with XXXX XXXX on XXXX/XXXX/XXXX, XXXX XXXX said Kohl 's is not required to call me about the payment due. However, she could n't answer what Kohl 's procedures are in the event that its e-statement delivery system fails. There is an unfair information and resource imbalance between Kohl 's and consumers. Thus Kohl 's needs to have a high level of standard when providing negative information that damages a consumer 's credit score. Based on the unreliable e-statement delivery and automatic calling system, and lack of reasonable procedures in place to resolve customers ' complaints, I believe that they have not met the standard required by the law. Please see Exhibit XXXX for other consumers who have complaints against Kohl 's for the same issues.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-01

Roswell, GA

Identity theft / Fraud / Embezzlement

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

N Syracuse, NY

Managing the loan or lease

Consumer Loan: Vehicle loan

Company Response: Closed with non-monetary relief

Disputed: No Timely Response

2016-11-01

Staten Island, NY

Taking/threatening an illegal action

Debt collection: Other (i.e. phone, health club, etc.)

Attempted to/Collected exempt funds
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Fort George, NY

Account opening, closing, or management

Bank account or service: Savings account

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-11-01

Staten Island, NY

Taking/threatening an illegal action

Debt collection: Credit card

Attempted to/Collected exempt funds
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Caesar, MS

Transaction issue

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Windermere, FL

Advertising and marketing

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Walden, CO

Deposits and withdrawals

Bank account or service: Savings account

Complaint: On XXXX my husband received a notice that we needed to call Capital One 360 due to some questions about recent activity. Since it is a joint account I called support who, after a 45 minute wait, indicated that an unauthorized person had logged into my husband 's account. As directed by support, my husband ran a Spyware scan and verified that his computer was not infected with spyware and sent the scan to their fraud department. Two days later when the joint account was still locked my husband called to have the account released. He was unable to reach anyone in the fraud department and was told he would receive a call back within 24 business hours. It has now been over a week and still no call back. I have attempted to transfer money from the joint account and Capital One 360 is preventing access to my funds until their fraud department talks to my husband. However, after over a week my husband can not gain access to anyone in their fraud department. It is a joint account and I am being prevented from accessing my funds. It has been over a week and we are unable to reach anyone who will release our funds.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Rockville, MD

Unauthorized transactions/trans. issues

Prepaid card: ID prepaid card

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Sarasota, FL

Billing disputes

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Long Island City, NY

Billing disputes

Credit card:

Complaint: I was shocked when I reviewed my credit report and found late payment on the dates below : 30 days past due as of XX/XX/2015 to XX/XX/2015 I am not sure how this happened, I believe that I had made my payments to you when I received my statements. My only thought is that my monthly statement did not get to me.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Logan, KS

Making/receiving payments, sending money

Bank account or service: Checking account

Complaint: I made a P2P transfer from my CapitalOne360 checking account, using an option available on their online banking website. CapitalOne360 asked me to provide the recipient 's email ID ( and, that 's all! ) : the way it works is, according to them, the money will be transferred through " XXXX '' network and will be immediately deposited to the account connected with the email ID I gave. The intended recipient has an account with XXXX XXXX XXXX, and the email ID I entered is connected to that account. I made a transfer of XXXX dollars on XX/XX/XXXX. The money never reached the intended recipient 's account. He and I made a conference call with XXXX XXXX XXXX, they verified the email in fact is linked to his account, but no money ever reached XXXX. I called CapitalOne 360, escalated the complaint. But, I am told the terms of service I agreed was such that CapitalOne 360 is not responsible for any loss and that I should talk to the XXXX network that performs the transfer in the back-end. I called them, they said I am not their direct customer and that they can not help me. Now, I lost my money to some netherworld and CapitalOne blames me for using a standard P2P option available on their official e-banking site. They are not even willing to help me, bluntly saying the money should have reached the recipient or I should have already got my money bounced back. I asked them to give me the details of the recipient who actually got the money, since the intended recipient did not. They say, privacy rules do n't permit them. The CapitalOne360 senior agent to whom I escalated the complaint over the phone declined to give me a complaint reference number, saying complaints are identified by time stamp. This is my apartment rent payment due to the landlord. It should have reached him latest by XX/XX/XXXX. Now I am a defaulter. The intended recipient is XXXX XXXX ( XXXXXXXXXXXX ). This is exactly the email ID I used for the transfer. His phone number is XX/XX/XXXX. What are my options? Kindly help me!
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Santa Ana, CA

Disclosure verification of debt

Debt collection: Credit card

Not given enough info to verify debt
Complaint: MY MAILBOX SYSTEM HAD ALOT OF POSTAL ISSUES AND I ALREADY CALLED AND SPOKE TO POSTAL MASTER OF MISSING ULTILTY BILLS.I recieved email last week from XXXX about possible data breach from 2014. And to contact all credit reporting agencies. CAPITAL ONE account is not mine. I HAD PULLED MY CREDIT REPORT, WHICH I DO EVERY 6 MONTHS.I WORK MANY HOURS FOR THE GOVERNMENT. I ALSO WROTE THE STATE ATTORNEY OFFICE AND FTC IN RESPONSE. I have no knowledge of it, no legal obligation for it and no information as to its origin. There is NO police REPORT or fraud AFFIDAVIT possible and no information or documentation in my possession in regard to the data contained in the tradeline CREDIT REPORT. Please send me a copy of the XXXX forms sent to you by the CRAs and the return forms, ( XXXX ) sent back to them by you. Please provide me with a description of the investigation procedure conducted in this matter. If you are unable to verify this item with signed account level documentation you are to provide me a copy of a letter informing the credit reporting agencies and requesting removal of the item from my credit files within the time frame afforded by law. Pursuant to the Fair Debt Collection Practice act, 15 U.S.C. s 's 1601, 1692, et seq, This constitute timely written notice that I decline to pay the attached erroneous purported debt which is unsigned and unattested, and which I discharge and cancel in its entirety, without dishonor, on the grounds of breach, false representation and fraud. A contract, quid pro quo, where were both giving something and you both signed for it, well then there 's obligations on both sides. You do n't really have that in a lending agreement.If you do n't send proof, all of a sudden you are in fraud collecting this bill. You actually owe me money for being fraudulent. I got this bill and I just want to verify, validate that this bill is something that I owe. '' You know in these times of all this identity theft online and so on, this is just reasonable, good book keeping, okay? You sent me this? That does n't mean I owe it. I just want you to prove that I owe this bill. That 's all I 'm doing. I 'm not being confrontational. I just want you to prove it the way the law says you have to prove it. I sent you a letter asking you to send me the correct documentation within 30 days that validates the debt. That 's the rule, that if I owe this bill. Here 's the issue. For any debt by a lending institution, you can not send me the information that I do in fact owe you. You ca n't send it to me because you do n't have it, okay? I got some bill in the mail, and there is something on my credit report. That 's kind of like a bill because it 's saying on my credit report there 's this derogatory account. In other words, a derogatory account or any listing of a tradeline account active is that someone 's saying I owe this bill and you have n't paid us yet. So whether it 's a bill that comes in the mail or something on my credit report that 's negative, that 's another kind of a bill, all I am doing in now is basically this. I am asking you for the accounting records of this trade. The accounting records will show, legally, I gave you a promissory note and you gave me Federal Reserve notes. There was a debit entry into the accounting. There was a credit entry into the accounting. They cancelled each other out, debit for credit, credit for debit. The transaction was complete when the notes were traded. I do not owe you a penny. Your accounting records prove it. All I 'm asking for is that proof : " Could you show me your accounting records and that contract, the wet ink signature contract, or a copy of the contract that is affidavited? '' What does that mean, affidavited? In other words, somebody has to make a copy, then sign at the bottom, I made this copy and their signature is notarized. All I 'm asking is, " Please. validate. ''
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Oak Grove, MO

Account opening, closing, or management

Bank account or service: Checking account

Complaint: I think Capital One 360 may have experienced a large security breach and is n't disclosing to customers and investors. Somebody altered information on my account, I quickly updated my credentials to prevent further activity. After pointing out the issue that I had resolved Capital One 360 froze my accounts without warning or authorization. They are refusing to immediately unfreeeze my accounts. They are claiming they ca n't transfer my funds to my new checking account. I will not have access to any money until sometime next week. A lot of customers are complaining about this same thing on social media, hold times for their security department are longer than what they normally should be according to Capital One 360. This believes that the breach of my account was not an isolated incident and stems from a more broad breach of Capital One 360 that they may be hiding from customers, investors, and regulators.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Newport News, VA

Credit card protection / Debt protection

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-11-01

Wonder Lake, IL

Cont'd attempts collect debt not owed

Debt collection: Credit card

Debt was discharged in bankruptcy
Complaint: They did not remove the debt against home after it was discharged in bankruptcy for Chapter XXXX over 2 years ago. Have sent letter asking to vacate the credit card debt lien from home.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-10-31

Deltona, FL

Other

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response