CAPITAL ONE FINANCIAL CORPORATION

2016-04-16

NH

Cont'd attempts collect debt not owed

Debt collection: Credit card

Debt was paid
Complaint: XXXX XXXX XXXX ( XXXX ) has paid out XXXX in the past for violation against consumer 's on the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. This is a fact that can be backed up by going into www.ftc.org website. XXXX XXXX XXXX ( XXXX ) is in violation of my rights under both law as well. They are reporting a debt that they claim was acquired from Capital One Account # XXXX. Capital One stated in XXXX XXXX credit bureaus that the account was sold to XXXX XXXX XXXX, however there was never a legal notice of transfer by assignment rights of the debt, a strict requirement under FTC guidelines, FTC XXXX XXXX XXXX XXXX XXXX XXXX ). Capital One admitted that the initial first late payment was XXXX XXXX. Accordingly, Capital One, based upon the 7-year rule FCRA has deleted the above referenced account. XXXX XXXX XXXX ( XXXX ) by extension from Capital One has without question the very same timeline on removal of the debt. The debt is no longer enforceable under collection guidelines within the state of New Hampshire. The evidence that XXXX XXXX XXXX does request has already been submitted, showing the legal timeline for removal, the connection to XXXX, and the deletion of all Capital One accounts across the board with all pertinent credit reporting agencies. XXXX XXXX did through its own internal investigation remove all Capital One accounts and the collection of XXXX. XXXX XXXX XXXX ( XXXX ) sent to me copies of invoices dating back to XXXX, and this was a major waste of time. The reported timeline on my credit reports by Capital One is the only item necessary to validate the removal date of the original account and any extension to a collection agency. XXXX compliance people need to go back to school to fully understand the meaning of the term 7-year rule on the elimination of obsolete negative information. I demand my file purged and that the Federal Trade Commission through the Consumer Financial Protection Bureau sanction XXXX for trying to re-age a debt already proven obsolete by Capital One and XXXX major credit bureau, XXXX XXXX. XXXX needs once again be penalized for ongoing violations of FCRA and FDCPA against American consumers.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-16

PA

Communication tactics

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

Frequent or repeated calls
Complaint: calling me 6-8 times a day, even after hours ( XXXX-XXXX ) and on the weekends as far as I know business hrs are Monday to Friday XXXX to XXXX, I ve already responded to them about payment ( which is fixed ) but they continue their phone tacticts
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Colonial Park, NY

Unsolicited issuance of credit card

Credit card:

Company Response: Closed with non-monetary relief

Disputed: No Timely Response

2016-04-15

Billerica, MA

Credit determination

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

N Little Rock, AR

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Hon, HI

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Beechhurst, NY

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Albany, GA

Billing disputes

Credit card:

Complaint: Kohl 's has promised to remove a charge several times from my credit card ( have copies of email ) for Incident number XXXX for order # XXXX which occurred THREE months ago. Recently, the decision was made not remove charge ( s ) from Kohl 's account related to an item that I am disputing the purchase of. Requiring me to pay for a police report to remove the disputed charges for an item that was never sent/delivered to me. They are violating my right to get reimbursed for the product they did not deliver to me.
Company Response: Closed with monetary relief

Disputed: No Timely Response

2016-04-15

Buellton, CA

Cont'd attempts collect debt not owed

Debt collection: Credit card

Debt was discharged in bankruptcy
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Montclair, CA

Billing disputes

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Bremen, GA

Using a debit or ATM card

Bank account or service: Checking account

Complaint: I have a checking account with Capital One 360 that I 've had since XXXX. About a XXXX I went to use my ATM/check card for a gas purchase and the card was declined. Thinking it was the machine, I went to another location and again was declined. I contacted Capital One 360 customer service and was advised that my card had been " deactivated '' and they had sent me a new card in the mail that I " should '' have received by then. Capital One provided no communication to me ( I login to their website almost daily and a simple message or note would have sufficed ) and " deactivated '' my card that was not yet expired so that they could provide me with the new updated card with the chip security feature. I 've since contacted Capital One and provided them with the opportunity to resolve this matter and am not satisfied with their explanation. They stated that because their rep. offered me the opportunity to get back into my car and drive back to the store to make a " one time '' withdrawal/ purchase and then they would " deactivate '' my card again. I do not feel that it is acceptable to say " because we gave you the opportunity to go out of your way and make a one time/ educated decision on how much money you need to withdraw, we feel we have corrected the situation ''. The fact of the matter is that my card was not expired and the entire situation could have been handled differently to avoid putting me the " consumer '' at harm- again, this was the period right before XXXX. Heartless. I 've read the cardholder agreement and find no acceptable clause that relates to this issue and I do not find it to be legal or acceptable from a customer service standpoint.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-04-15

FL

Other

Credit card:

Complaint: I called CAPITAL ONE/SAKS XXXX many times since XXXX on XXXX account # XXXX opened on XXXX Today XXXX ID # XXXX claims that she & manager insist I call the Social Security office as it their fault for the ill acts of CAPITAL ONE SAKS/ EQUIFAX XXXX XXXX IDE # XXXX stated several times that she does think the social security office is at fault for issuing social securities if they did not issue social securities credit bureaus would never make mistakes.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Effingham, KS

Payoff process

Credit card:

Complaint: I need to set my account up on a long term hardship plan and they are telling me that the offer is not available. I am trying to responsibly take care of my debt and have worked with several other credit card companies who allowed us to close the accounts and put them on a 4-5 year re-payment with a reduced payment and an apr of either 0 % or the prime rate. Capitol one was unwilling to help since I am not behind. Why is there a need for me to further damage my credit to get some assistance? I need some assistance to see if they are lying to me and avoiding offering the hardship program because this is the only company that has been unwilling to work with me. I spoke to a man named XXXX operator number XXXX. I felt like he was not providing all of the information that I needed and I asked if he could transfer us to another supervisor so we could confirm that this is all that could be done and he said he could n't transfer the phone that we had to call back. When we called back we spoke to a supervisor named XXXX operator number is XXXX she said she understood our concerns, but she kept referencing the notes that XXXX put in the computer on the account. My wife and I are trying to avoid bankruptcy and are underemployed we need to close our accounts and pay off our debt. Is there any way we can have assistance obtaining a long term hardship repayment plan.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Fort Worth, TX

Deposits and withdrawals

Bank account or service: Savings account

Complaint: Someone fraudulently withdrew money from my savings account.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-15

Lakota, ND

Loan modification,collection,foreclosure

Mortgage: Conventional fixed mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-04-15

Oak Lawn, IL

Billing disputes

Credit card:

Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-04-15

Jersey City, NJ

Managing the loan or lease

Consumer Loan: Installment loan

Complaint: To my surprise I received a collections letter in the mail dated XXXX XXXX, XXXX indicating that my account was past due. My records indicate my last auto loan payment with Capital One was on XXXX XXXX. Account due date is the XXXX of every month. I did not understand why I did not make the XXXX payment. I thought it was my oversight. I called Capital One on XXXX XXXX to become current and made the XXXX and XXXX payments {$310.00} for each month for a total of {$630.00}. I asked the customer service agent to check if I was getting paperless statements and she said yes. I was shocked because I do n't go paperless for this exact reason- I forget when the bills are due. She indicated " I '' switched to paperless on XXXX XXXX, XXXX. I told her I did not because the last time I went to pay was on XX/XX/XXXX. I only access my account once a month. I asked her to change my preferences to mail. I decided to check my e-mail and was surprised to find an unread XXXX XXXX e-mail from Capital One with the following headline : " Auto Finance statements are migrating to online only. '' It states, " we 're on a mission to deliver the best digital solutions for managing your finance account. As part of this journey, we 're moving to paperless-only statements for your account starting XXXX XXXX, XXXX. It explains how paperless statements work and then states " If you 'd like to continue to receive your auto finance statements in the mail, you can manage your statement preferences at any time. '' It provides a link. Well, Capital One changed my statement preferences without my consent and thought that e-mail notification was sufficient. Do n't you have to opt-in to go paperless? Did they forget my rights under the E-Sign Act? I never consented to the change and now my account is past due and probably being reported to the credit bureaus as delinquent. I can only imagine how this change has impacted thousands of other consumers who rely on their paper statement to make timely payments and Cap One is benefiting from the late fee revenue. I am writing to the CFPB to determine if Cap One has violated my rights under the E-Sign Act and if they have not to question the impact of this business practice because it is definitely not consumer friendly. Some consumers like paperless and some of us do not but it should be my decision not the bank. I 've been a customer since XX/XX/XXXX and always had my statements mailed per my choice and now they are going to remove that choice and the tell me if I want to go back to paper just change my preferences. Is this ridiculous or what. I am angry and amazed that management at Capital One would approve this change.
Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-14

Alex, LA

Making/receiving payments, sending money

Bank account or service: Other bank product/service

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-14

Barnsboro, NJ

Billing disputes

Credit card:

Company Response: Closed with monetary relief

Disputed: No Timely Response

2016-04-14

Kailua Kona, HI

Disclosure verification of debt

Debt collection: Credit card

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-04-14

Houston, TX

Loan servicing, payments, escrow account

Mortgage: Home equity loan or line of credit

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-14

Kailua Kona, HI

Disclosure verification of debt

Debt collection: Credit card

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-04-14

Coosada, AL

Managing the loan or lease

Consumer Loan: Vehicle loan

Company Response: Closed with explanation

Disputed: No Timely Response

2016-04-14

Warrenton, VA

Problems caused by my funds being low

Bank account or service: Checking account

Complaint: In a nutshell ... Lets ' say I have XXXX in the bank and the bank has automatic draft coverage ( requested this to be removed ). There is a charge for XXXX and another charge for XXXX. Capital One will let the XXXX charge come and then the XXXX. By having the charges come out this way, Capital One has doubled its fee. Instead of XXXX, I am getting hit with XXXX. If Capital One tool the XXXX then the XXXX, it would be only once. They are engineering the process for their benefit. It is predatory.
Company Response: Closed with explanation

Disputed: Yes Timely Response

2016-04-14

Billings, MT

Credit determination

Credit card:

Company Response: Closed with explanation

Disputed: No Timely Response