Consumer complaint received 2023-11-09
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This is my second time writing this agency to Remove these illegally reported late payments from my consumer reports. I have recently obtained a copy of my ( XXXX, XXXX and XXXX ) full credit report, I noticed some late payments posted on my credit report. Account ( XXXX XX/XX/XXXX Late payment date : XXXX, Account # XXXX XX/XX/XXXX Late payment date : XXXX, Account # XXXX / XXXX XXXX XXXX XXXX XXXX Late payment date : XXXX XXXX, XXXX, XXXX Account # XXXX Capital One, Late payment date : XXXX, Account # XXXX CLOSED Date of Capital One XX/XX/XXXX This Capital One account was paid in full, and the account was closed on XXXX XXXX, However, the account posted and reported late payments after the account has closed in the year XXXX which is against the law, and violation of 15USC & my rights as a consumer. Your Company and these agencies are in clear violations of the law. Under 15USC & 1681b ( permission ) permissible purpose of consumer reports, The Law Clearly States : ( b ) In General, Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with The Written Instructions of the consumer ( ME ) to whom it relates No One had the rights to pull my information without my written permission 15USC1681b ( 2 ) Did I the consumer give your company written permission or instructions to furnish this on my credit reports? Furthermore, the FRCA 15usC1681 ( 2 ) ( a ) ( i ) exclusions from the consumer report clearly states : ( 2 ) Exclusions- Except as provided in paragraph ( 3 ) the term " Consumer Report '' does not include ( A ) Subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report. A creditor may not treat a payment on a credit card account under an open or consumer credit plan as Late for any purpose. All of the following accounts listed on this letter are all credit card accounts by law and I can prove it by the 15USC1607L 15USC1607L States the term " Credit Card '' means Any card, plate, coupon, book or other obtaining money, property, labor or services on credit. Examples of credit cards according to 15USC1607L are my social security card, driver license card, state I.D card are all forms of credit cards as I used these all to open accounts and obtain credit from these credit card accounts listed above. Unless creditors has adopted reasonable procedure that are designed to ensure that Each ( month ) periodic statement included the information required by section 1637b of this title is Mailed to me and Proof of delivery to the consumer ( Which Never Happened In My Case ) No Later Than 21 Days BEFORE the due date. According to the FCRA 15USC1637b this action ordered by law was never done nor being done up to this day by neither company listed above in this letter. This law is in place for several reasons one being for me the consumer to confirm if the accounts are accurate or was a billing error Before being reported to my credit reports, by not following this law everything reported without written instructions is reported illegally. Due to these late payments being reported without written instructions and these agencies failing to follow the law ; 15USC1637, I demand these late payments be deleted from all my consumer reports, due to the violation of 15USC1637,15USC1681, Fair Debt Collection Practices Act 15USC 1692g, 15USC1666b and for willful noncompliance & 616 Civil liability for willful noncompliance 15usc & 1681n.

Company response to consumer: Closed with explanation