Consumer complaint received 2018-01-24
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Dear Sirs, On XX/XX/XXXX I contacted Capitol One Mastercard credit Company regarding my monthly payment. I had informed them that I have a financial hardship and was wondering if they could help me through a Hardship Program. The representative told me that Capitol One has a Specialty and Early Assistance group that could assist me but he wanted to know " why '' I felt this was a violation of my HIPPA but felt forced to discuss my medical issue with the representative. He then agreed to transfer me to this department. I was connected to a representative of this department who told me they needed to know why I wanted to be put on this program. AGAIN, a violation of my HIPPA rights but I felt forced to tell them AGAIN or they wouldn't help me. 

I gave the representative detailed info about my medical situation and she said that she would enroll me in the program. She said that under the program I can make a payment of any amount when I could until I could bring the account up current. I asked her if I was going to be charged any late fees or if any adverse information would be reported to the credit bureau, She responded " no '. I then asked her if I should pay the full payment due for the month, she said if I did make the full payment she couldn't enroll me in the program. She suggested I make a payment of less than the amount due on or about XX/XX/XXXX and that I would be given 4 months to catch up on my payments but that during this time my account would be in a protected status against late fees and late reporting on the bureau & Capitol One. I trusted this agent and ended the call. 

On XX/XX/XXXX I paid a payment of {$100.00}. My total payment due was {$170.00}. On that date I called Capitol One because I kept receiving automated messages regarding my account past due. The Representative I spoke with confirmed seeing that I was enrolled in the Specialty and Early Assistance Program and would hold all automated collection calls on my account until XX/XX/XXXX. 

On XX/XX/XXXX I noticed that I started receiving messages again from Capitol One stating that they needed to discuss an urgent matter with me regarding my account. I received these automated messages everyday and decided to call in XX/XX/XXXX. The representative again say that I was enrolled in this program, apologized for the automated calls and said that he would stop the calls until XX/XX/XXXX, we ended the call. 

I then decided to check my account online XX/XX/XXXX. I was surprised to see that I had 2 late fees of {$35.00} each, one on XX/XX/XXXX and another on XX/XX/XXXX. I then noticed that my credit FICA score  reported on the Capitol One site through XXXX showed my credit score dropped by 30+ points. I was shocked and called Capitol One immediately. This time the representative said that I WASN'T enrolled in the Specialty and Early Assistance Program and that it was never initiated. I was told this would take place on XX/XX/XXXX. 

I asked the representative to transfer me to the Specialty and Early assistance program ( S.E.A. ), He then proceeded to ask my " why '' I told him that I did not have to discuss my personal medical issues with him because I am protected under HIPPA and I already did this on XX/XX/XXXX against my will with a member of the S.E.A. dept. He then transferred me and XXXX came on the phone. She stated that I was NOT on the S.E.A program and why I wanted to be enrolled. Again I was forced to divulge my personal medical history, a violation of HIPPA.. She then offered to enroll me so I declined stating that I was told I was enrolled as of XX/XX/XXXX. She again stated that I wasn't in enrolled. I then told her everything that the previous representative of her department told me on XX/XX/XXXX. Shen then began excusing her coworker telling me that there was no way the representative could have told me that, I then asked her how does she knew when she didn't hear the conversation. She then said that she was reading the notes. I told her the notes ( that I cant see ) and what was told to me ( that she didn't hear ) are two different thing. I asked then to speak to a manager. 

XXXX then transferred me to XXXX, a manager in Collections. I was surprised because I was speaking to the S.E.A Dept not collections XXXX confirmed who I was and again stated I was NEVER enrolled in the program. I repeated the details of the conversation I had with the representative of S.E.A dept of XX/XX/XXXX. She apologized. I told her that I needed more that an apology, I needed the late charges reversed, my adverse report to the credit bureau changed and the CALL PULLED from XX/XX/XXXX, PROVING that the representative misinformed me thus causing the late fees and ADVERSE EFFECT ON MY CREDIT. 

I want to STRESS that I have been working very diligently on improving my credit score and payment history with all my creditors for the last 12 month and here I was lied to by Capitol One and they have damaged my credit. 

Then, I asked XXXX to have her manager pull the call, she stated that she couldn't do this. I asked her " why? '' because at the onset of my call to Capitol One they  state that " For training purposes, all calls are monitored ", so I know that they CAN pull all my calls. She then put me on hold to ask her manager what she could do. She returned to the line and stated that it would take 3 to 4 weeks to listen the call of XX/XX/XXXX and that they would contact me. I asked her how can I trust her when everyone has lied to me and I don't record the conversations with Capitol One. She then gave me a reference number and said that is all she could do I asked her how do I bring my account current now because I don't trust the Specialty and Early Assistance Program to help me as they are designed to do..She told me to pay $ 400+ by XX/XX/XXXX. I then told her that would out me in a 60 day late status, She then advised me to pay {$70.00} because I was 31 days late and that would remove the 30 day late status. I asked her again, will this be updated on my credit report, she said she didn't know. I asked her how she didn't know when she was a collection manager and they are the ones to do the reporting? She didn't know what to say. I then told her I would make a payment today for {$70.00} and I hope that they will do all they promised in this call. 
She then gave me the reference number of XXXX. We ended the call

Company response to consumer: Closed with explanation