Consumer complaint received 2021-12-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
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 IS AN EXTREMELY URGENT MATTER!!! *** After numerous disputes to ALL 3 credit bureaus, repeated phone calls Capital One, and written notification letters and direct disputes with Capital One, they still continue to willfully " validate '' my account with the credit bureaus reflecting inaccurate reporting of three 30-day late payments in XXXX, XXXX, and XXXX of XXXX. This is a blatant violation of the FCRA, and I need this corrected promptly. I am buying a home, and do not have 30 MORE days for this to be rectified. These payments were not late, and NEVER have I made a single late payment before or after those dates on any Capital One account I have has since XXXX when first becoming a customer. I am buying a home and am supposed to close on XX/XX/XXXX and these inaccurately reported accounts are causing me to be denied or if I can get approved I would be subjected to a significantly higher interest rate which is not acceptable. So this matter ( if not resolved ) will cause me to lose my {$10000.00} earnest money deposit with the builder and numerous other financial losses and damages if I do not get this resolved and close by XX/XX/XXXX per my contract close date. Please know that I have consulted with a very reputable attorney that specialized in Fair Credit Reporting Act and Consumer Protection rights, who will immediately be filing a lawsuit if we can not resolve this once and for all. I will have suffered significant damages due to their negligence and inaccurate reporting, after having written documentation of having notified Capital One of the error on numerous occasions and they willfully continue to report inaccurately. 

Due to an unforeseen medical issue ( XXXX XXXX XXXX ) in XXXX, XXXX, I incurred a significant reduction in income as I could not drive or put any weight whatsoever on my foot for almost a full year. Being proactive and in an effort to limit or avoid damage to my credit as possible during that time, I enrolled in a debt management program with XXXX XXXX XXXX XXXX program XX/XX/XXXX, for which BOTH of my Capital One accounts ( # XXXX and # XXXX ) were a part of. I am attaching a copy of my debt management summary as well as a complete ledger showing that monthly payments were made as agreed EVERY single month without fail per the guidelines agreed to by Capital One. I was NOT late prior to enrolling, so their should be no late payments whatsoever. Coincidently, the very first month of this program Capital One reports the account late and continues to do so for ( incorrectly ) for 3 consecutive months.. 

After much legal research and many phone calls, I learned from the debt management program that Capital One is notorious for reporting consumers late the first several months, as they often do not adjust the payment date per the debt management plan ( as I also personally requested them to do ) to coincide with the date they will receive payments or they do not adjust minimum payment reflected in their system down to the agreed payment under the debt settlement program, but continue to show the regular higher minimum payment amount, which results in them reporting the account late until they catch up, which in my case was 3 months consecutively. I have also attached my payment history with the credit bureaus that shows PERFECT payment record other than this error. I made payments as agreed and Capital One received those payments each month. I should not be penalized any further by this disastrous situation that should never have happened. 

I have been a customer since XXXX, and am still a current customer of Capital One and have never had anything but positive things to say ... until now. They have made it impossible to get this corrected by continuing to verify this inaccuracy. 

The worst part is when I called Capital One AGAIN yesterday to try and submit the debt management ledger to get this resolved, the supervisor I spoke with ( XXXX ) informed me that he could not even see my account that far back and I would have to request statements from a po box in XXXX XXXX XXXX, UT and it would yet again take ANOTHER 30-45 days ... .which I do NOT have. How can they be legitimately verifying anything with any credit bureau if they don't even have the information in their own system??!!!!! This is absurd and causing significant undue hardship as a result of my decreased credit score due to their false derogatory credit information. 

I have TRULY exhausted all other avenues other than filing a lawsuit in an effort to rectify this matter, including writing a personal letter to the CEO, XXXX XXXX XXXX at the corporate office in XXXX, VA. I have yet to hear anything back. 

In my opinion, I have submitted more than sufficient evidence that these payments were made. Furthermore, I have been an exceptional customer for every single month for almost 7 years. Even if I had made late payments ONCE in almost 7 years, it would still be reasonable to ask for Capital One to make this ONE-TIME adjustment regardless. The current credit reporting by Capital One is NOT in any way an accurate reflection of my TRUE historical credit worthiness, and I need this corrected. 

I have attached several documents in support of my case, and am most certainly happy to forward the MANY more I have, if needed. I have a 3 inch binder full of communication and attempts to resolve this for the last 2 1/2 years. Lawsuit is next if this is not resolved. I refuse to allow this damage to continue any longer. As a consumer who works very hard to diligently maintain a perfect payment history despite any difficult personal situations incurred, I can promise I fully intend to pursue my rights under the FCRA and FDCPA. I sincerely hope and pray that it will not come to that, and an appropriate resolution will be accomplished here. That is my goal. No one wants to be involved in a lawsuit that can very easily be avoided by doing the right thing. This is definitely NO way to treat a long-time, loyal, good paying customer. Very disappointing. I would certainly NOT have put myself through this anguish over the last couple of years and going to such great lengths to resolve if I were not telling the truth. I believe that much is obvious at least. 

Please review my documentation and and proceed immediately with removing these late payments from my credit bureau file. I know by law that Capital One is NOT REQUIRED to report anything to the credit bureaus whatsoever, but chooses to do so. They can also make adjustments and corrections at will when they choose to, which is what is needed in my case. I look forward to a prompt resolution with the immediate deletions of this derogatory information on my credit file from all 3 credit bureaus ( XXXX, XXXX, and XXXX ). Thank you and Happy Holidays!

Company response to consumer: Closed with explanation