Consumer complaint received 2023-07-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The purpose of the letter is to bring to your attention how the Capital One is Violating my Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 Capital One bank is reporting unlawful information on my credit report under fair credit act law 15 us 1681eb. From my understand The Cares Act, which was signed into law on XX/XX/XXXX, Act amends the Fair Credit Reporting Act ( FCRA ) to stop adverse credit reporting during the COVID-19 crisisbut only under specific circumstances. ( See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ). ) Under the amended FCRA, if a " furnisher '' makes an accommodation because you were affected by COVID-19 during the covered period ( see below ), that furnisher must report your account as current to the credit reporting agencies, so long as you weren't already delinquent on payments. 
Capital One Bank had also reported card # XXXX as a charge off lost with the IRS in the amount of {$540.00}. When we had a mutual agreement for a settlement in the amount of {$270.00} which I paid to them XX/XX/XXXX. ( See Attachment ) Capital one is damaging my credit and trying to collect to still collect the full balance. 
The company had also reported a second card # XXXX as a full charge off with the IRS in the amount of {$460.00}. I refuse to pay the balance or do settlement because they didnt keep their or honor their word on the first credit card settlement. On XX/XX/XXXX, I called and spoke with a Customer Services Agent by the name of XXXX ID XXXX asking her what the charge off date was. She responded that she didnt know the charge off date and couldnt look it up. She then transferred me to an Account Specialist by the name of XXXX ID # XXXX. I asked him what the charge off date with the IRS was and he stated it was not charged off with the IRS. I explained they were reporting a write off to all 3 major credit bureaus ( XXXX, XXXX, or XXXX ). He then transferred to a Collection Account Specialist by the name of XXXX ID # XXXX. I asked XXXX what the charge off date with the IRS was and she stated it was charged off on XX/XX/XXXX. She then proceeds to tell me that I did not owe Capital One anything at all and they will mail me a letter within XXXX Business days. Hence, this conversation was recorded by Capital One in which they record all their conversations with their customers. As of today XX/XX/XXXX, I have yet to receive that letter from Capital One Collection Department as promised by Employee XXXX. 
Im requesting an investigation into the Capital One Bank business practice when it comes to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681. And under Fair Credit Reporting Act 15 U.S. Code 1681e - Compliance procedures.

( a ) IDENTITY AND PURPOSES OF CREDIT USERS Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) ACCURACY OF REPORT Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

Company response to consumer: Closed with explanation