Consumer complaint received 2019-01-19
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I filed a complaint concerning Capitol One mishandling a dispute investigation, case # XXXX-XXXX. 

Capitol One contacted me via a phone call on XX/XX/XXXX from a representative named XXXX who has been in touch with me via phone conversation only since. XXXX identifies herself in the respoinse letter in the former complaint, with the following information ; " If you have questions or concerns, please give me a call at XXXX, Monday-Friday from XXXX XXXX-XXXX XXXX. PT. When contacting me, please use XXXX as the 6-digit PIN when prompted. My 7-digit extension is XXXX. Im glad to help any way I can. 
Sincerely, XXXX XXXX, on behalf of Capital One '' XXXX informed me on XX/XX/XXXX, that Capitol One have determined that they had made a mistake and woud be refunding the charges on my account, as well as all associated interest charges. XXXX asked if I would be keeping my account with Capitol One Spark if the account was re-credited of all charges, and my response was, and is, that it all depends on how the situation is handled. 

XXXX has responded to several calls since XX/XX/XXXX, all the way up till this past week as recent as XX/XX/XXXX. All phone conversations were stated as being recorded by Capitol One, and by myself XXXX XXXX. In conversations since XX/XX/XXXX, XXXX has stated that Captiol One was working to re-open my account, and re-credit the amount shown previously as due, that this matter would not reflect negatively on my credit history in any derogative manner or negative to my credit history, and that they would restore my standing with the credit agencies by stating this was an error and restoring my FICO score. XXXX has since told me in every conversation that this would be a " long process '' but they were working as hard and fast as possible to restore my credit. XXXX told me also that they would send me a written statement confirming these verbal claims, but could not garutee a date or method for this written confirmation, but that I would simply need to remain patient while this was resolved. 

As recent as XX/XX/XXXX, Capitol One has now reported to XXXX  that this amount is still owed. All credit reporitng agencies show this matter still as a 'Derogatory Information ' and that the account comments read as ; " CHARGED OFF ACCOUNT, ACCOUNT CLOSED BY CREDIT GRANTOR, ACCOUNT PREVIOUSLY IN DISPUTE-NOW RESOLVED BY DATA FURNISHER, ''. 

This information in contrary to what was, has been, and is being promised by Capitol One, which was to restore my credit, clear any and all Derogatory Information, and report an error on their part, not a charge off. The actions taken by Capitol One have lowered my FICO score, and now leave a derogatory note on my credit history. All phone conversations and claims that my credit would be restored, and that no derogatory information would be reported, have been recorded and I do have these recordings. I did wait for a letter stated to be sent within 2-4 weeks, on XX/XX/XXXX, and have still not received any letter. I have not seen any acceptance of fault by Capitol One reported to any credit bureaus, but rather they have now rolled this into a 'Charge Off ' account which negatively affects my credit, despite I have done no wrong, have not defaulted on any debt, have disputed debt properly and consistently with creditor and credit reporting agencies. 

Under the Fair Credit Reporting Act ; 623. Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] There is a clear breach of accurate information being provided on multiple levels. The account shows as being a 'Charge Off ' although we have been provided pin numbers and activation letters from Capitol One showing the account as open, contrary to the CB 's showing the account as a charge off. Also the 'Charge Off ' in contradictory to all infoirmation expressed verbally and recorded by XXXX that the account would be restored and no derogatory information to be reported. In addition the FCRA states that any new negative reports be submitted to consumers in writting within 30 days, which has not been done, but rather Capitol One has been consistently mis-leading me to believe they were restoring my credit history, and FICO score, all the meanwhile they have been walking this to a 'Charge Off ' and it would appear trying to appease me as they move towards a statute of limitations on civil recourse. Capitol One has neglected to send me any information in writting, other than the pin numbers to the " re-activated '' account, that they tell us verbally we do not owe for and are restored, however the Credit Bureau 's show different information as being reported.

Company response to consumer: Closed with monetary relief