Consumer complaint received 2022-10-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I am the consumer, natural person, made with flesh and blood. 15 USC 1681 section 602 A - CLEARLY STATES I HAVE A RIGHT TO PRIVACY! Furthermore!! 15 USC 1666b - a creditor may not treat a payment ima credit account open under an open end consumer credit plan as late for any purpose - HENCEFORTH! EVERY SINGLE LATE PAYMENT ON MY CONSUMER CREDIT FILE MUST BE DELETED OR CHANGED TO PAID, Pays as Agreed Also you had no written authorization from I, the consumer natural person made with flesh and blood, to furnish account information on my behalf. - 15 USC 1681 section 604 A - clearly states that a consumer Reporting agency can not furnish an account without my written instructions Again XXXX XXXX HAS NEVER RECEIVED A HANDWRITTEN CORRESPONDENCE FROM ME STATING DIRECTIVES TO FURNISH ACCOUNT INFORMATION ON MY BEHALF! I am reclaiming the vital role over my consumer credit file. You and your inaccurate reporting have damaged my livelihood. 15 U.S. Code $ 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHES OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Definitions : Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact. Prohibition : a law or regulation forbidding something. 15 U.S. Code $ 1681s-2 states that you are a furnisher of information to a consumer reporting agency. You are prohibited by law to furnish inaccurate information. I demand you cease and desist the reporting of this incorrect and inaccurate information immediately pursuant to 15 U.S.C $ 1681s- 2 ( a ) ( 1 ) ( A ), which states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' YOU ARE HEREBY PUT ON NOTICE THAT YOU ARE REPORTING INCORRECT AND INACCURATE INFORMATION. 15 U.S.C 1681s-2 ( a ) ( 1 ) ( B ). Responsibilities of furnishers of information to consumer reporting agencies ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. In conclusion, I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. The continued reporting of this information is in clear violation of the law pursuant to 15 USC 1681s-2 of your responsibilities as a furnisher of information. Furthermore, pursuant to Pacific Concrete Federal Credit U. v. Kauanoe, 614 P.2d 936 ( Haw. 1980 ) providing a contract ( electronically signed by someone with a different name ) is not debt validation. You have caused me and my family severe harm due to your negligence and inaccurate reporting period this is a final opportunity to CURE and DELETE this erroneous, inaccurate, account from my consumer report. You have 10 calendar days to CEASE AND DESIST AND DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS. Failure to do so will result in me pursuing legal remedies under 15USC 1692k, {$1000.00} per each violation you have incurred. Pursuant to 15 USC 1681a ( 2 ) - definitions and rules of construction. States the following ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include -- ( A ) subject to section 1681s-3 of this title, any -- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( There are numerous account listed with account activity balances and even payment history as if the fraud that is being perpetuated is legitmate. ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or Pursuant to 15 USC 1691a ( b - f ) - States the following : ( b ) The term applicant means any person who applies to a creditor directly for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit. ( c ) The term Bureau means the Bureau of Consumer Financial Protection. ( d ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefor. ( e ) The term creditor means any person who regularly extends, renews, or continues credit ; any person who regularly arranges for the extension, renewal, or continuation of credit ; or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit. ( f ) The term person means a natural person, a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. Also pursuant to FCRA 623 ( a ) ( 5 ) - if the credit bureau can not VALIDATE the information WITH THE ORIGINAL CREDITOR. They must remove the unverified account from said consumer credit file. In accordance with the Fair credit reporting Act 611 ( a ) ( 7 ) - this is not a request for the reinvestigation if the previous dispute ( s ). I am actually attempting to validate this debt. I want to know the method of verification used. Please answer the following questions pertaining to the accounts mentioned above. 1. Who is the original creditor? 2. The creditors address and telephone number 3. The persons name that they ( credit bureau ) verified the dispute with 4. The documentation used to verify the dispute If you are unable to provide this information in a timely manner the account must be deleted. Should you attempt to validate this information with deceptive forms pursuant to 15 USC 1692j - I will use that as proof should I end up in court because of your blatant refusal follow federal procedures/laws. 

account In question : CAPITAL ONE account # XXXX account type : revolving account account type -detail : revolving account XXXX code : individual account account status : closed date opened : XX/XX/XXXX balance : {$710.00} credit limit : {$500.00} payment status : charged off as bad debt payment status ( XXXX ) : **consumer statement** y item disputed by consumer account previously in dispute - now resolved, reported by data furnisher ( to be used for FCRA and FCBA disputes ) comments ( XXXX ) : dispute resolved reported by grantor also I want to take the time out now to say that this information that is being reported on both XXXX and XXXX is inaccurate and just off that one reason alone should be grounds for a deletion. However I will take the time out now to make everyone getting this correspondence that XXXX  has already deleted this account and henceforth has already admitted to the account being inaccurate. I would love to see when fraud you bring forward to validate this complaint.

Company response to consumer: Closed with explanation