Consumer complaint received 2018-08-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: SC
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
I applied for a capital one card that I have late payments for. The card is now closed and Capital One sold the account to XXXX XXXX. I have made several attempts with Capital One after my situation changed to began making payments to clear this debt from my credit. I have sent letter, fax information, email the CEO XXXX XXXX. I have made numerous of telephone calls to Capital One to discuss this issue but has unsuccessful. On XX/XX/XXXX,. XXXX I spoke with a supervisor ID # XXXX first name XXXX. Before speaking with XXXX I spoke with a representative that informed me that my account was closed and charged off on XXXX XXXX. After I was provided with this information she continued to informed me that Capital One however still was reporting to the credit bureaus in XXXX and XXXX of XXXX " late payments '' and from XX/XX/XXXX to XX/XX/XXXX " fail to pay ''. Once I was transferred to XXXX ID # XXXX I explained to her that according to the FCRA once an account is closed and charged off the reporting agency can no longer report to the credit bureaus the account is " late ''. I also spoke to XXXX regarding a courtesy of removing the late payment from my account. I explained to her that I understand the debt was mine and I was willing to pay it. XXXX informed me that the company did not do that. I explained to XXXX that I had evidence that the agency has REMOVED late payments from another individual credit report as courtesy. XXXX informed me that at the time of reporting the information was accurate. I provide XXXX with section 623 ( a ) ( 2 ) that states that a company can " update '' information to the credit bureaus, regardless of whether they were accurate at one point. After providing her with this information I asked to speak with her supervisor and she informed me that she was the highest person in the agency. This I was sure was untrue. I informed her that lying was also a violation to my rights. I at that time threaten to report her as well as the company to the FTC, BBB, CFPB and follow up with legal action if needed. After this conversation she stated she would be able to provide my information to the executive of the company for a call back. Keep in mind this conversation happen in XX/XX/XXXX. Even after this conversation I still attempted to solved my debt with the company. I contacted XXXX XXXX regarding an delete to pay agreement. The representative at this time informed me that they could not do anything but collect money. The representative than suggested that I contact Capital One again regarding " reclaiming '' my account so I could make payment directly to Capital One instead of going through a third party. I was unsuccessful with this task because I again spoke to a representative that told me there was nothing that could be done. I still than took another step to correct this step by sending a email to the CEO XXXX XXXX on XX/XX/XXXX. After this email I received a call from one of his executive on XX/XX/XXXX her name was XXXX ID # XXXX contact # XXXX ext XXXX XXXX. I explained my situation to her and she stated that I would received some kind of communication in the next 30-60 days. Here we are three almost 4 months later and I have still yet to receive any kind of communication. I than took ANOTHER step to solve this issue by contacting XXXX XXXX again to settle my debt and they are not informing me that they no longer have my account. Im sure this occurred because I initially made an complaint against them for not properly notifying me of the debt. They stated they did but when I asked for Validation of this it could be provided. 

Here we are 3 months since I made the complaint and threatening to make a complaint with the CFPB without any help. I have reached out more than necessary to solve this debt. 

I understand this is my debt and all I have been attempting to do is pay it off so I can moved forward with my housing process. This account has been the hardest to solve and I know based on all of the information provided that it is against my right for all of this to occur. 

Due to my rights being violated numerous of times, previously I was requesting a courtesy to removed the late payments from my credit report but at this point I am requesting the ALL of the late payments on my account be updated to current and that Capital One work with me to develop a plan to cover the remaining balance. 

At no point am I requesting this debt be deleted but I am asking that Capital One work with me to get this debt solved and for the ALL of the late payments to be removed due to the numerous of violation this company has made regarding my account. 

NOTE : IF CAPTIAL ONE HAS SOLD MY ACCOUNT TO ANOTHER COLLECTION AGENCY, THIS AGAIN WILL BE A VIOLATION BECAUSE I WAS NOT GIVEN THE PROPER NOTIFICATION AGAIN.

Company response to consumer: Closed with explanation