Consumer complaint received 2018-10-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: UT
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Problem when making payments
Sub-issue: You never received your bill or did not know a payment was due

Complaint:
When I first set up my credit account at XXXX, the system was down. I stood in the store, giving my address multiple times, for around 30 minutes. At which point the XXXX employee took down my contact information, including address, and said that she would have to call in my information, and would call me back when it was done. She did, and I awaited the delivery of my XXXX store credit card, and first bill. As time went on so did life, and I overlooked the fact that nothing had been received. That is until I received an email stating I was past due. 
When I called Capital One, I spoke with an understanding representative who informed me that the address on file was not at all my address, but I did not ask what address was listed. She placed me on hold to order a new card, copies of statements, and informed me that my account had been re-set back to day one. All fees had been credited, and despite my ability to make a payment that day, she said I could pay on my next due date. XX/XX/2018, is the third due date Ive had the opportunity to pay since that phone call. 
While I received the statements, I did not receive the card. It was at this point I contacted Capital One again with the email address provided by the XXXX. About two weeks passed, at which point I received a phone call from a XXXX at the corporate office. When I called back, the voicemail I reached seemed to be for someone else, as the voice was different, and the name used didnt sound the same. I left a voicemail, answering the questions, and informing that my email was quite detailed, and my issue straightforward. I want my card, access to my online account so I can set up auto-pay, and any charges credited due to Capital Ones error. 
Several more weeks pass, and I receive a letter from XXXX stating that I will not get a replacement card until my past due balance is brought current, and no mention about the error in address and how that has negatively affected my account. Only that it was reported to the credit bureaus that I disputed the charges. 
This is unacceptable. First, how can it be a replacement card when I never received the first one? I want online access so I can easily look through my statements, and manage my account appropriately. So far Capital One is 2-0, leading to my skepticism of any information I am going to receive over the phone. 
I have taken my time to research the credit card act, as I felt that if this wasnt illegal it is undoubtedly highly unethical, and Parking my debt. I list my reasons below, where I believe Capital One has violated the credit card act, and their own terms. It is for these reasons I have informed the Federal Trade Commission ( FTC ), Consumer Financial Protection Bureau ( CFPB ) and XXXX corporate office. 
1. The Fair Credit Reporting Act ( FCRA ), states that a financial institution which extends credit, and regularly, in the ordinary course of business, furnishes information to consumer reporting agencies, such institution shall provide notice of negative reporting. While posting this on a bill is sufficient it must be provided, and conspicuous. Capital One failed to do this when I did not receive my statements. 

2. Per Section 127 ( b ) ( 12 ) of the Truth In Lending Act ( 15 U.S.C. 1637 ( b ) ( 12 )  states ; ( A ) Late Payment Deadline Required To Be Disclosed. In the case of a credit card account under an open end consumer credit plan under which a late fee or charge my be imposed due to the failure of the obligor to make payment on or before the due date for such payment, the periodic statement required under subsection ( b ) with respect to the account shall include, in a conspicuous location on the billing statement, the date on which the payment is due or, if different the date on which a late payment fee will be charged, together with the amount of the fee or charge to be imposed if payment is made after that date. 
3. Section 163 ( a ) further outlines ; Time to make payments. A creditor may not treat a payment on an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 127 ( b ) is mailed or delivered to the consumer not later than 21 days before the payment due date. 
Im certain there are more statutes which have been violated, and continue to be violated, by Capital Ones failure to rectify its billing error. But, frankly, this has taken up too much of my time, efforts, and inconvenience, to research further. The bottom line is my bill was delayed, therefore I was unable to pay. I have paid in a timely manner for the three months I have received statements since. I am not, and can not be, in default. 
Therefore, I expect the following resolutions :

Company response to consumer: Closed with monetary relief