Consumer complaint received 2023-11-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
To Whom It May Concern, I am writing to dispute the handling of my credit card account referenced above and to request an immediate correction of the associated records. This request is made pursuant to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, and the amendments made under the Coronavirus Aid, Relief, and Economic Security ( CARES ) Act regarding credit reporting accuracy and dispute handling. 

On XX/XX/2023, I made a payment in the amount of {$200.00}, which was intended to cover the total balance due on my account. This payment was returned on XX/XX/2023, a critical fact of which I was not notified by any means. The absence of such notification is a direct violation of the FCRA, which mandates that consumers be informed of any adverse actions taken that are based on information from their credit reports ( 15 U.S.C. 1681m ( a ) ) and that furnishers conduct an investigation upon notice of a dispute from a consumer regarding the completeness or accuracy of any information reported ( 15 U.S.C. 1681s-2 ( b ) ).

Subsequent to the returned payment, the following fees and interest charges were imposed on my account without my knowledge : -A past due fee of {$29.00} on XX/XX/2023 -An interest charge of {$5.00} on XX/XX/2023 -A past due fee of {$40.00} on XX/XX/2023 -An interest charge of {$6.00} on XX/XX/2023 These charges were assessed and reported to the credit bureaus, leading to a derogatory mark on my credit reports. On XX/XX/2023, after being alerted to my account status by credit monitoring services, I paid the full balance of {$290.00}, as confirmed by transaction number XXXX. 

The CARES Act, enacted in response to the COVID-19 pandemic, includes provisions that amend the FCRA to protect consumers ' credit scores from the impact of financial disruptions caused by the global crisis. Under these provisions, furnishers are required to report accounts as current when accommodations are made for consumers affected by COVID-19, provided the consumer meets the terms of the accommodation ( CARES Act, Section 4021 ).

Given these points, I request the following actions be taken by Capital One : -A full reversal of all late fees and interest charges applied to my account post the returned payment, considering the lack of notification and opportunity provided to me to take corrective action. 

-An immediate and thorough investigation into the handling of my payment and subsequent reporting of my account status. 

-Correction of my credit information with all credit reporting agencies to remove the 30-day past due notation.

-Written confirmation of the actions taken to resolve these issues sent to my address upon completion of your investigation.

I have attached copies of the payment confirmation and the credit report alerts for your reference. Please note that failure to comply with the FCRA and CARES Act provisions may result in further action, including filing a complaint with the Consumer Financial Protection Bureau and seeking legal remedies. 

I expect a prompt response to this letter and resolution of the matter. Please contact me directly should you require further information or clarification. 

Thank you for your immediate attention to this matter.

Company response to consumer: In progress