Consumer complaint received 2022-12-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Credit card or prepaid card
Sub-product: General-purpose prepaid card
Issue: Unexpected or other fees

Complaint:
FIRST THEY HAVE CLOSED MY CARD WITHOUT WARNING ALSO THEY REPORTED ME AS HAVING AN OWED BALANCE TO THEM AND HAVE REPORTED ME TO CREDIT REPORTING COMPANIES. 

SO I AM ALSO DISPUTING THAT THEIR IS A BILLING ERROR ON MY ACCOUNT-MY ACCOUNT IS NOT IN THE NEGATIVE IT IS IN THE POSITIVE STANDING AND I WAS APPROVED FOR OPEN END CREDIT ACCOUNT, SO BASED ON -SEE BELOW 15 USC 1666 ( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.

( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.

( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.

( 4 ) The creditors failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.

( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. 
( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.

( 7 ) Any other error described in regulations of the Bureau.

( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligors account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditors compliance with this section.

Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.

( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error.

( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

AND 1026.13 Billing error resolution.

( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.

( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.

( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.

( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.

( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.

( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.

Company response to consumer: Closed with explanation