Consumer complaint received 2022-03-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT You, Capital One Auto Finance are furnishing inaccurate and incorrect information to the consumer reporting agencies. The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. You and your inaccurate reporting have damaged my livelihood. 

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact PROHIBITION : a law or regulation forbidding something As Defined by the IRS The IRS Clearly defies a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate! 

By Definition The IRS Clearly says a Cancelled or Charge off is income. The reporting of this account as a debt is inaccurate. 


15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

You are hereby put on NOTICE that you are furnishing incorrect inaccurate information. 

The lender must file 1099-C and send you copy if the amount of the debt cancelled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS XXXX publication. 
SEND ME MY FORM 1099-C that you should have sent when you Filed the account as a cancelled debt. You have my address on file and have corresponded with me multiple times but never to resolve the matter at hand.

15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate In conclusion I have sent this notice to Capital One CEO XXXX XXXX on XX/XX/XXXX via email and certified mail and you have sent me a letter dated responding that the information is correct but no 1099-C or removal of account. You have been put on notice many times that you are reporting inaccurate information. The information is, in fact, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. 
You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, Inaccurate account from my consumer report. 

Because you are still reporting this inaccurate information and have not sent me my 1099-C to submit on my taxes since I requested back on XX/XX/XXXX lets me know you have either written this debt off as a loss so therefore the account should not be a charge-off or you are purposely reporting inaccurate information and if so its reporting inaccurately regardless and needs to be DELETED. 

You are now in violation of 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or You have 5 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS!

Company response to consumer: Closed with explanation