Consumer complaint received 2019-07-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
This complaint is against Capital One Auto Finance, Account XXXX. XXXX and XXXX XXXX XXXX XXXX, collection agency on behalf of Capital One Auto Finance regarding XXXX XXXX XXXX financed by Capital One Auto Finance. Complaint involves Capital One Auto Finance not honoring settlement made with XXXX XXXX XXXX XXXX. 

I am a XXXX XXXX. On XX/XX/XXXX while I was driving the XXXX XXXX, I experienced a XXXX XXXX and crashed onto the sidewalk and hit a tree which stopped the vehicle from further destruction. I was XXXX for XXXX days at the Washington XXXX XXXX in Washington, D.C. The cost of the XXXX  treatment I received in the XXXX and follow up XXXX treatment I received as an XXXX was substantial. I had to pay XXXX % of the XXXXl bill, co pays for follow up office visits and purchase XXXX. The unexpected substantial XXXX  expenses caused a financial hardship for me. Due to the financial hardship I fell behind on my monthly car payment to Capital One Auto Finance. 

I received a letter dated XX/XX/XXXX and XX/XX/XXXX from XXXX XXXX XXXX XXXX ( Radius ) stating that the Capital One Auto Finance account was placed with XXXX for collection. On XX/XX/XXXX, I contacted XXXX to negotiate a settlement agreement. XXXX XXXX, representative for XXXX and I came to an agreement of the conditions of the settlement. The conditions were that I would pay {$2000.00} to settle/close the Capital One Auto Finance account in exchange for removal of the account from my XXXX XXXX XXXX XXXX  XXXX reports. 

Recently upon reviewing my credit reports, I discovered the Capital One Auto Finance account was on my credit reports with an outstanding balance and derogatory tradeline. On XX/XX/XXXX, I contacted XXXX XXXX XXXX XXXX to let them know that the Capital One Auto Finance account had not been removed from my credit reports. For some insufficient reason I was no longer able to speak with XXXX XXXX who had entered into the settlement agreement with me. So I spoke with XXXX XXXX with XXXX who told me that XXXX does not remove accounts from credit bureaus and that I need to contact Capital One Auto Finance to request removal of the account from my credit reports based on the conditions of the settlement agreement. XXXX XXXX didnt honor Radius part of the settlement agreement to remove the Capital One Auto Finance account from my credit reports. XXXX XXXX collected the {$2000.00} from me but then was misleading regarding the removal of Capital One Auto Finance account from my credit reports. He negotiated with me utilizing deceptive acts and practices when he misled me to believe he would remove the Capital One Auto Finance account from my credit reports as a condition of the payoff settlement agreement. 

So as instructed by XXXX XXXX, on XX/XX/XXXX, I contacted Capital One Auto Finance and spoke with XXXX ID : XXXX who told me the Capital One Auto Finance account was not settled/closed and that Capital One Auto Finance is seeking an additional {$4000.00} to settle/close the account and remove it from my credit reports. I believe Capital One Auto Finance and XXXX XXXX XXXX XXXX are violating the FCRA by attempting to double charge me for the same account. If Radius was collecting debt on behalf of Capital One Auto Finance, is it legal for Capital One Auto Finance to request an additional {$4000.00} settlement after I have settled with Radius? I am requesting Capital One Auto Finance honor the settlement agreement I made with XXXX XXXX XXXX XXXX and remove the account from my credit reports. 

Through the Maryland XXXX XXXX, I am currently an applicant for an apartment in a XXXX   and XXXX community. After being on the waiting list for oveXXXX XXXX  years I dont want to get an adverse decision because of the derogatory Capital One Auto Finance account on my credit reports.

Company response to consumer: Closed with explanation