Consumer complaint received 2021-05-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WI
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:
On XX/XX/XXXX, I filed a Petition of Voluntary Amortization of Debts under Section 128.21 of the Wisconsin Statutes, in the Circuit Court of XXXX County, Wisconsin. 

On XX/XX/XXXX, the Circuit Court of XXXX County, Wisconsin appointed a Trustee to this case matter to manage the debt and to send payments to the All Creditors listed including the three Creditors listed above. 

On XX/XX/XXXX, the Creditors meeting was held and no Creditors objected to the payment schedule as set forth in the Amortization document provided by Trustee to the CREDITORS and as set forth in the attached Petition. 

Under no circumstances are any Creditors permitted to accrue interest, late charges or any other related administrative fee associated with this debtors petition of relief. 

This is NOT a bankruptcy and should not be reported as such with any of the credit bureaus. This is, however, personal receivership relief pursuant to Section 128.21 of the Wisconsin Statutes. ( See also 4m under Section 128.21 of the Wisconsin Statutes regarding Trustees payment deadlines. ) Trustee stated that funds will be distributed *at least every ninety ( 90 ) days on a pro-rata basis among all Creditors*. However, note most payments were made monthly if not twice a month to all Creditors. 

NOTE : The undersigned Debtor has been making direct payments to Trustee as of XX/XX/XXXX, and payments continue to this day to go to Trustee as per the Court order for disbursement to Creditors. 

NOTE : The undersigned Debtor has no control as to when the Trustee will send payments to Creditors. Trustee clearly stated when payments will be made to Creditors. This was clearly noted to all Creditors from Trustee, directly. 

NOTE : The undersigned Debtor is at the mercy of the court and the trustee for payments to be received by Creditors. The Debtor should not bear the burden of payments arriving outside the Creditors internal payment structure ( which is deemed null and void by the court ) before the filing of the Petition. The Petition overrules all payment deadlines to the Creditors and under no circumstances shall the Creditor penalize the Debtor for payments being made to Creditor by the Trustee pursuant to Court Order. Payments are being made as Ordered by the Court, as agreed under the plan. 

NOTE : Trustees payment record shows all Creditors receiving payments beginning XX/XX/XXXX, yet the three Creditors above continue to show false reporting and continue to reflect payments based upon the credit card agreement ( deemed null and void by the court ), rather than the Court Issued Order, which controls the payment schedule as of the date of filing the Petition.

DEBTOR hereby requests that the three Creditors listed and this Bureau adhere to the Court Issued Order, which includes the payment plan as dictated by the Court and Controlled by the Court Appointment Trustee. Please refer to the Trustees proof of payment record for the three Creditors noted.

DEBTOR is in compliance.

THE THREE CREDITORS above are NOT.

Please update reporting of the three CREDITORS above to reflect payments received ON TIME as of XX/XX/XXXX going forward. The 60/90/120 late payments do not accurately reflect the payment record made by the Court Appointed Trustee.

SPECIAL NOTE : Of all the Creditors listed in the petition, only the three CREDITORS above refuse to comply with the Court Ordered Payment Scheduled as controlled by the Court Appointed Trustee.

Company response to consumer: Closed with explanation