Consumer complaint received 2023-11-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH
Product: Payday loan, title loan, personal loan, or advance loan
Sub-product: Installment loan
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Dear Sir or Madam, after obtaining my credit report, I noticed that it shows late payments on the above account with this company. It specifically states that I was 30 days late. This has damaged my credit worthiness and is extremely troubling. 

I am sure that CAPITOL ONE AUTO FINANCE is aware and understand that it is required by law that they must take proper care in ensuring the accuracy of this information with my account ; adhering to this of the utmost. 

They are required to send my statements or bills to my correct address, take care to respond to my change of address requests and accurately record my payments in a timely fashion as well as provide me with a notice 21 days before the due date before you can consider a payment late. 

They are also REQUIRED by law to provide me with a notice before providing anything on my consumer report that would negatively impact me as a consumer. The law clearly states that If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. 

They did not do any of the things the law clearly states. The law is also clear that transactions and experiences DO NOT BELONGS ON A CONSUMER REPORT in case you are not aware here is what the law state report containing information solely as to transactions or experiences between the consumer and the person making the report Also make sure late fees are accessed properly. In this regard, I hereby request the following steps to remedy this situation. 

1. To ensure compliance with all provisions of the Fair Credit Billing Act, please send me a notarized statement attesting that you have complied with this act in regard to my account. 

2. Im requiring written evidence for all the payment you claim that I was late according to my obligations with your company. Including the tracking number of the letter you sent out to place on me on notice 21 days prior to the statement due date. 
3. Im seeking written evidence of timely billing and the posting of all payments I made on this account, regardless of whether or not you claim they were late from the time this account was opened to this present date. 

If they are not able to provide me with this evidence that I am legally entitled to have in writing, I affirm that they please remove all negative references of these late payment 's entries by your company to all CRAs as they were submitted. XXXX, XXXX and XXXX and any others. 

If I have not received these itemized documentations within the period prescribed by law, I will expect to receive written notification that they have removed all late entries that Ive disputed off my credit report. 

I thank you in advance for attending to my requests promptly to verify identity, I am enclosing copies of my state drivers license and an electric bill, that shows your current mailing address. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation