Consumer complaint received 2017-11-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NE
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
Hi, My name is XXXX XXXX. I have been lied to/deceived by Capital One in order to collect money on an account. On XX/XX/XXXX @ XXXX cst I received an email from Capital One stating : Sign In We want to help prevent your account from charging off. 





Re : Your account ending in XXXX XXXX XXXX XXXX, Your account is behind by 6 payments, and Capital One will be required to charge off this account in less than 30 days if no payment is made. If this account is charged off, the account will be closed, and you will still be responsible for paying the full balance. 

Here are some of your options : Make your minimum payment of {$210.00} by XX/XX/XXXXto bring this account out of Collections. Keep your account from charging off at this time by paying {$34.00} by XX/XX/XXXX. This amount wont bring your account up to date, but it will prevent it from being charged off for now. Call us about splitting your payments into smaller amounts over a few months. Its important that you call us today at XXXX. Please have Email ID XXXX ready, so an agent can serve you more quickly. Wed like to help. 

Where You Stand 1 Payment Past Due 2 Payments Past Due 3 Payments Past Due 4 Payments Past Due 5 Payments Past Due 6 Payments Past Due Charge Off Account closed Full balance still due  CALL XXXX MondayFriday : XXXX XXXXXXXX XXXX.ET SaturdaySunday : XXXX XXXXXXXX XXXX.ET Make a Payment Important Information from Capital One Contact Us|Privacy|Help Prevent Fraud To ensure delivery, add XXXX to your address book. 

This email was sent to XXXX and contains information directly related to your account with us, other services to which you have subscribed, and/or any application you may have submitted. 

If paying by check, please include the last 4 digits of your account number in the memo line so your payment processes accurately. 

The data on this message is accurate as of XX/XX/XXXX. 

Web access is needed to use mobile banking. Check with your service provider for details of specific fees and charges. 

If you choose not to receive Collections emails, please call XXXX. The agent you reach will only have the ability to exclude your email address from receiving Collections messages on your Capital One credit card. You may continue receiving email messages regarding other matters on your Capital One account. 

1. Who We Are. XXXX XXXX XXXX, XXXX is the servicer of your referenced account unless this communication or a separate communication has informed you of another current servicer. We are a subsidiary of XXXX XXXX, XXXX XXXX, and service the following Capital One affiliated companies : XXXX XXXX XXXX ( XXXX ), XXXX XXXX XXXX XXXX, XXXX XXXX The name of your creditor has been previously disclosed to you and is identified for purposes of this communication by your account number. 

2. State and Local Disclosures. If you receive this communication in Connecticut, the XXXX XXXX  XXXX, Hawaii, Iowa, XXXX XXXX XXXX, North Carolina or Oregon and your account involves a debt owed primarily for personal, family, household or other consumer purpose ( s ), or if you receive this communication in Vermont irrespective of the nature of the debt associated with your account, the following disclosure is required by state or local law : This is an attempt to collect a ( consumer ) debt ( claim ). Any information obtained will be used for that purpose. 

The following disclosure is required by state law if your account involves a debt owed primarily for personal, family, household or other consumer purpose ( s ) and you receive this communication in Hawaii, Iowa or Oregon : This communication is from a debt collector. 

The following disclosure is required by state law if your account involves a debt owed primarily for personal, family, household or other consumer purpose ( s ) and you receive this communication in Massachusetts : NOTICE OF IMPORTANT RIGHTS : YOU HAVE THE RIGHT TO MAKE A WRITTEN OR ORAL REQUEST THAT TELEPHONE CALLS REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE OF EMPLOYMENT. ANY SUCH ORAL REQUEST WILL BE VALID FOR ONLY 10 DAYS UNLESS YOU PROVIDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE CREDITOR. 

This is not a complete list of the rights that you might have. The terms above in this Section are defined by applicable state or local law. Pursuant 15 USC 1692a ( 6 ) ( B ) and ( F ) of the Fair Debt Collection Practices Act, Capital One Services, LLC is not a debt collector under federal law.

3. Bankruptcy. If you are entitled to bankruptcy protections for your account, this communication is only for informational purposes. It is not an attempt to collect, assess or recover a debt or claim. Do not send any payments directly to us without speaking with your attorney or Bankruptcy Trustee.

4. Electronic Check Conversion. When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your deposit account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your deposit account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Your authorization is not limited by the date on the check.

5. Interest and Charges Continue to Accrue. All stated amounts are owed on the date of this communication. If applicable, your account may be charged interest, late charges and other charges that might change from day to day as provided in your agreement. As a result, the amount due on the day you pay us may be larger than the amount stated in this communication. For example, if you pay the amount stated in this communication, your account might still have a balance after we receive your payment. If your account has already charged off, you will not incur any additional interest or fees.

6. Time Period for Payment or Other Action. Unless we provide a specific date, any time period for your payment or other action begins on the date of this communication.

7. IRS Reporting of Debt Forgiveness. If we cancel or forgive {$600.00} or more of principal on a debt you owe we will provide you a 1099-C tax form, if required by law. Please consult your tax advisor and the instructions accompanying any tax forms for more information.

8. Credit Reporting of Your Settled Account. If we report your settled account to a consumer reporting agency ( credit bureau ), we will report it as paid in full for less than the full balance. 

Contact Information Credit CardsCollections Credit CardsCharged Off XXXX MonFri : XXXX XXXX XXXXET & XXXX : XXXX XXXXXXXX XXXX.ET XXXX XXXX : XXXX XXXXXXXX XXXX.ET Please do not reply to this message, as this email inbox is not monitored. To contact us, visit www.capitalone.com/XXXX. 

Products and services are offered by Capital One Bank ( USA ), N.A., Member FDIC. 

XX/XX/XXXX Capital One. Capital One is a federally registered service mark. XXXX XX/XX/XXXXXXXX XXXX, Attn. : XXXX, XXXX, Virginia XXXX. To contact us by mail, please use the following address : Capital One, XXXX. XXXX XXXX, XXXX XXXX XXXX, Utah XXXX. 

XXXX XXXX XXXX XXXX XXXX After receiving this email I called Capitol One at phone number : ( XXXX ) XXXX @ XXXX CST on XX/XX/XXXX. I was on the phone with a female employee of Capital One for approximately 22 mins and 40secs. During this time I asked twice about my account not being closed and I was assured by the employee that my account was just restricted and if I paid the amount of {$34.00} I would avoid my account from being charged off. I then inquired about my account being closed as soon as I paid i was told It definitely would not be closed but that I would just have to wait for an offer from Capital One for my account to be unrestricted. I decided with this information it 'd be my best interest to pay the amount owed on the card. So I did pay Capitol One the amount of {$280.00}, the total amount due on the card, with my wells fargo checking account on XX/XX/XXXX She told me to call back when it debited the funds from my bank to make sure the balance was met and also to see if there was an offer for unrestriction of my account. She told me when you pay it off sometimes the offer is immediate. On XX/XX/XXXX in the early morning hours the amount of {$280.00} was processed put of my account in to a pending status waiting for Capital One to take the money I called Capital One as advised on XX/XX/XXXX at XXXX CST to verify satisfaction of the amount on the account and to see if there was an offer available for unrestriction. The first thing I noticed, after I entered my information through their automated system, was that the automated system found my account and that it was closed. I went through the same process on XX/XX/XXXX when I initially called and the automated system found my account but it did not state it was closed. I found this alarming I got through to a representative and inquired about my account she informed me my account has been closed and was closed for 12 months now. I told her I recieved an email 2 days ago and that it claimed my account was not closed just restricted I told her about my phone call on XX/XX/XXXX and she just said she does n't know why that was told to me. I told her I felt lied to by them in order to get me to pay on my account and was misled. She went and got a supervisor on the phone, supervisor also told me that the account was closed and since it 's been closed for 12 months there was nothing that she could do about it and she was sorry I was misled. She asked what I would like her to do. I said I 'd either like my credit card account back or my {$280.00} refunded and them to write off the account in good standing because they lied and deceived me in order to get me to pay on the account. The funds were still pending in my bank account, she put me on hold for about 15 minutes and claimed she was going to try and refund my money. She came back on the line and said since it 's been closed for 12 months she could n't even refund my money. I 've since call XXXX XXXX and tried to reverse the funds they could not do it because the funds were all ready approved for Capital One to take just waiting on them to take the funds. XXXX XXXX filed a claim on my behalf for that amount, {$280.00}. Before I contacted my bank I called the CFPB and got information on what to do and her advise was to try and reverse the funds through my bank account and to submit a claim online at www.consumerfinance.gov. I feel I was treated poorly and deceived by Capital One in order to get money from me.

Company response to consumer: Closed with explanation