Consumer complaint received 2022-09-17
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: Information belongs to someone else

Complaint:
XX/XX/XXXX Consumer Financial Protection Bureau ( CFPB ) Attn : Complaint Submittals Re : Requesting Complete Deletion of a Kohls Credit Card Account from All My Credit Reports To Whom It May Concern : Despite my repeated attempts over a past year period, requesting issuer Kohls to delete my former credit card account # XXXX and debt from all my credit reports ; it has refused to do so. This closed account and its transferred debt has remained falsely in my name since XX/XX/XXXX and is causing diminishment to my financial creditworthiness and personal integrity. Overall, a continual negative bias towards me in any future business-related opportunities that may arise. Lengthening my injuries further, my most recent documented evidence presented to Kohls and the credit reporting bureaus in this matter have only caused Kohls to now designate me as a write-off in my credit reports. I am desperately requesting CFPB to please intervene on my behalf to resolve this matter. Because as a fraud representative of the XXXX Credit Bureau ( XXXX  ) informed me as paraphrased. Your claim of credit report fraud/inaccuracy ( XXXX  fraud XXXX # XXXX ) by Kohls, or regarding any creditor for that matter, that may exist in any consumers credit reports can not be deleted by a credit reporting bureau arbitrarily without Kohls or a creditors expressed permission to do so ; despite any evidence presented to the contrary. Understand? Before his remarks and my considerable efforts thus far ; I had thought that credit bureau reports were based on impartial accounting records of legitimate and documented facts -- period. So, I am herein offering again, the following detailed explanations with attached official records but now to CFPB directly ; with sincere hope that it has the power and if it finds what I am requesting herein both factual and reasonable. It will thereby cause the deletion of this bogus Kohls debt, account and or charge-offs completely from all my credit reports. Or at the very least, explain to me in writing for what reason ( s ) it can not fulfill my request. I want to understand! 

My debt obligation to Kohls et al., was transferred in a Divorce Decree dated XX/XX/XXXX. And Kohls and other accounts were closed by me personally after that date before I moved to XXXX. And I have had no business relationship or contacts with Kohls after moving to GA  whatsoeveruntil. I began reviewing and inquiring into my credit reports in the summer of XXXX. Prior to that year, I had been personally addressing my known legal creditor obligations via emails and mailings without credit bureau report use. XXXX XXXX had displayed a credit score for me at XXXX in XXXX but today its XXXX. And although my former wifes payments were logically applied firstly to my pre-divorce Kohls debt as so Ordered by the Divorce Court. She alone, was accountable for that debt and with Kohls assistance further assumed continual use of my former but closed account. 

My former wife graduated from one of the most prestigious public high schools in XXXX, XXXX XXXX, and later from the XXXX  XXXX XXXX a four-year college ; each awarding her XXXX XXXX XXXX of record. And throughout our marriage she never had or wanted to maintain full time jobs with benefits, opting instead to do part time or contractual work when so desirous. She was a very intelligent and capable individual. From our discussions before divorce, I knew exactly what accounts in my name she wanted to continue using. After our divorce and before relocating to XXXX, I told her that I had gone to several local stores and closed accounts in my name but was told by them that she would have to re-apply to put my closed accounts in her name. And she already knew she was legally responsible for some debts. My suspicions, she did just that; but was rebuked in her attempts to do so by certain creditors probably based on gender, housewife status and or employment related rationales by some creditors computer program analysis. Therefore, she then asked or was offered continual use of my account in my name. That was a Kohls decision alone but not mine! The irony, as my XXXX credit bureau reports indicate, she had honored consistently their mutually beneficial verbal deal for approximately five years ; seemingly without her and Kohls having any written contractual agreement between themselves to abide by? 

To date, I have communicated with Kohls via numerous phone calls and provided it with postal certified mailings with evidence that my claims made here are factually truthful. In that I am not responsible or liable for maintaining any credit account or debt obligations past or present with Kohls. Its latest verbal assertion : I am a co-signor or guarantor to her Kohl account. That is patently false and absurd, given our Divorce Decree declares exactly what and how our mutually agreed upon divisions of assets and liabilities after 42 years of marriage were divided and assigned to each of us. Furthermore, my pre-divorce XXXX XXXX credit card debt was also transferred to her via our Divorce Decree. I believe she made her payments and charges to that account by the same Kohls scenario. This must be a common practice with some creditors? However, her XXXX XXXX debt and account under my name were finally deleted from my XXXX  report. Though again, she was not personally account eligible ; but keeping her business patronize sure was! 

Writing this letter has been very discomforting on several levels for me, in that my former wife died from XXXX on XX/XX/XXXX. Before our divorce was finalized my wife and I were both keenly aware of our individual property rights and obligations as well as how our divorce decisions would impact the financial interests of others. Our divorce settlement was not fashioned by The Court ; rather we prescribed the particulars, and it sanctioned them. Via a sworn, legal, and properly executed public document pertaining to all parties holding specific interests in such matters. This concludes my explanation for needing the CFPBs help. And hopefully, the following uploaded official records will further support complete deletion to all references past and present of a Kohls account from all my credit reports. Also, for future assurances to avoid the obvious workload forced on me by their errors. Maybe Kohls as well as XXXX XXXX should remove me completely from all their internal files? Im hoping to relocate ASAP with accurate credit reports in toll and dont wish to revisit and explain these same issuesEver Again to Anyone! 

Copies of ten official records marked in the numerated sequence below are uploaded : 1. Pertinent pages of Divorce Decree regarding the Kohls account and others ( 2 pages ) 2. Page 5 dated XX/XX/XXXX of my XXXX  Report : Wherein Kohls payments are Rated as OK from XX/XX/XXXX to XX/XX/XXXX 3. Page 5 dated XX/XX/XXXX of my XXXX  Report : Note the changes in Kohls record? 
4. My current XXXX  drivers license issued XX/XX/XXXX 5. A Kohls bill ( XX/XX/XXXX ) in my name but not sent to my correct mailing address. Before our divorce was finalized, my wife had already moved from our XXXX XXXX home to live with her parents at XXXX XXXX  XXXX -- where Ive never resided. Upon vacating our former XXXX house for the new owner ; I immediately moved to XXXX, XXXX, temporarily living with relatives until eventually moving to my current XXXX, XXXX  address. 
6. Kohls first written response ( XX/XX/XXXX ) to me in XXXX  ; prompted by my written dispute mailed to it 7. Kohls first bill ( XX/XX/XXXX ) in my name after divorce that was mailed to my correct address in XXXX  8. A XXXX XXXX bill ( XX/XX/XXXX ) in my name but not sent to my correct mailing address. And I have never received any written correspondences from them while residing in XXXX  9. Former wifes Death Certificate 10. A recent letter from XXXX stating that I may ; provide XXXX. a valid copy of a Conservator/Executor of Estate document which authorizes me as a person entitled to manage the deceased consumers affairs. No such document type existed prior to or will after her death. Nor was she or just any creditor related business entity granted any permissions by me to use my identity after Divorce to perpetuate their own motives! 

Your further consideration is very much appreciated!

Company response to consumer: Closed with explanation