Consumer complaint received 2020-07-07
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: Problem with personal statement of dispute

Complaint:
This complaint is being filed against Capital One Auto Finance. I went through the refinance process with my local credit union to refi our Capital One Auto loan to save money because we are working with a mortgage company to buy a home. Both my husband and I were out of work for a couple months but never missed a payment on any accounts and even paid off all debts that our mortgage company asked of us. We started the refi process for our auto loan on XX/XX/2020. The credit took a little bit to finalize the paperwork but still manage to close the new auto loan on XX/XX/2020. The new lender assured us the loan would be paid of before the due XXXX to Capital One Auto finance. Well the bank sent to payoff through the mail and the payment was received by Cap One after the XXXX and Cap One sent us to collections as a 30 day late. The 30 day late is now keeping us from securing our needed mortgage. 

My husband XXXX XXXX is also approved to speak on the account and he was very upfront with capital during the last week of XXXX because I was worried the payment was late and let them know what happened, We even called my new bank to let them know Cap One never recieved the check and they said they would cancel the pay off check because it was probably lost on the mail or slowed through processing due to Covid and lack of fully staffed offices. On XX/XX/XXXX the check cleared. 

I have explained to capital that we can't have a 30 day late on our Credit report because it'll cause us to lose our mortgage, my husband spoke with a man named XXXX XXXX, and he said we can get the mark removed if I fax in an explanation of the lost mail delay, and he asked me to write the letter in the fax and include very specific details of the issues and once the fax is received someone from cap 1 will call me that day, we asked, are you sure your office will call me? and he XXXX ( XXXX  XXXX ) said yes, we will call with an answer and get it removed. I did exactly what XXXX said and I recieved NO phone call, now I call back and was told by a CAP ONE rep that they have no way of calling back, so I was given the wrong info from XXXX # XXXX, I asked to speak to a floor manager and I was sent to a female floor supervisor, I explained the 30 day wasn't my fault and can she remove it from the credit report, she said NO they cant and the previous rep XXXX was wrong and she couldnt do anything. I explained this wasnt my fault and please give us a removal of the 30 day late, she said NO and I aksed to be transferred to a higher manager, I was sent to XXXX in the Office of the President for Cap One auto fincance, XXXX said she will send this matter to the credit team to see if this can be removed as a " good will '' and they will reach out by XX/XX/XXXX, soon after a man named XXXX called on XX/XX/XXXX from the Office of the President and said to me husband that this issue is " NO REASON '' to lose the chance of getting your mortgage '' so XXXX said he will send this to more staff in the department to get this removed. XXXX was speaking to my husband and said I, XXXX had to call in to initiate a dispute because the loan was in my name. I called back around XXXX XXXX that same day and spoke to a women who said " thanks for calling in XXXX and we can now initiate the dispute. She said it'll take 5 days to have an answer. After 5 days my husband called back and found out that the dispute was never started on the XXXX and they " forgot '' to send the info in to be disputed and the 30 day late is still on the eport, the nice lady said " I apologize that it was never sent to the escalation team, but i'll do it now, and in fact I realized this happned earlier today before you called, but i never did anything with it, and the man XXXX you were working with has been moved to a new Dept. and can no longer help you ( NOW THIS is 5 days longer than expected, they FORGOT to work on the case ) Now the man XXXX, that said on a recorded Line, that " we dont want this issue to be the reason you lose your mortage '' is now gone from the department and I am starting over. 

I just want this 1x 30 day late removed so we can get our home. Today XX/XX/2020 I was called by XXXX in the OFFICE the of President at Cap 1 auto financed, and he said he investigated my case and he wont remove the 30 day late, he even stated the post date on the envelope was before the due date, he said cap one doesn't do good will removals, but XXXX back on the XXXX said that she would submitt for " good will removal '', and XXXX said " this is No reason to lose a mortgage so lets see what we can do '' all on RECORDED LINES. I was mislead by XXXX and XXXX, 1 for good will removal remark and XXXX misleading that he said " we shouldnt lose a mortgage over this. If XXXX said we will submit for a " good will removal, why is XXXX saying they dont do them? interesting misleading claims between 2 employees in the office of the president? who is correct? 

I have been upfront with cap one of this issue since XX/XX/XXXX, I faxed, jump through hoops, did everything they said with the false hope and misleading info that they would help me, we never ask for any COVID support during our period of nowork and we kept up will all our bills and paid of all debts to cap one to maintain out mortage approval. XXXX XXXX # XXXX said today XX/XX/2020 that he will review/ listen to the phone calls and and see if i was mislead in any of the conversation. I WAS mislead by XXXX, saying this " issue is NO REASON '' to lose a mortgage, and XXXX who said she will submit/escalate for a " good will removal '' they mislead, I learned from my mistake, and I have been told my mortgage is a NO GO with the 30day late on the account. 

I am requesting a 1x removal of the XXXX XXXX  30 day late, It should be done solely based on the run around I have been given since the end of XXXX.

Company response to consumer: Closed with explanation