Consumer complaint received 2018-03-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
To Whom It May Concern : I have been a loyal card member of Capital One for 2 years and couldnt be happier with my decision to join the Capital One Family. Youve always offered some of the most competitive rates and rewards programs. 
Unfortunately, in XXXX of XXXX I took advantage of our relationship and failed to submit my monthly payments on time. It was an exceptionally busy time in my life as I was balancing being sick and out of work at that time and fell behind on other bills too. I was the only person working and am the only on that had a job at the time. I contacted your representative in XX/XX/XXXX to find out what I can do to make my relationship better with Capital One and she in turn stated to me that if I paid the whole balance while being on the phone with her she can promise me that my account would be erased of all the negative late payments from the past and brought current and have my privileges for using the card issued again. The amount that she asked for was {$420.00} I believe, I paid half the amount and she stated she would remove the late as long as I made good on my on time payments. I in turn agreed to that taking place since I knew in the near future that I was going to be buying a home and wanted to make things better with Capital one. I have since fulfilled my agreement and have been making on time payments also making more than the regular payment due at times. I was under the impression that this was a verbal contract since I fulfilled my part and Capital One has only fulfilled half of their agreement with me. 
In XXXX, when I pulled my credit I noticed that the late payments were still on there so I call on XX/XX/XXXX and spoke to XXXX which he stated that he reviewed my account and saw that the dates that I was referring to were correct and that he was going to submit it to the department that corrects the three credit bureaus and that it would take 60-90 days for it to affect my credit. On XX/XX/XXXX I received a letter from capital one letting my know that they researched it and due to the FCRA that they could not make any changes. I called and spoke with XXXX ( which was a manager ) and she looked into my account and said that since I was promised this to be removed and she would place another report using a different way from the last one that XXXX proceeded to write it in. She also said that it would take 60-90 days for it to be corrected and it should be no problem since she verified everything with me. 
On XX/XX/XXXX I received yet another letter stating the same from the previous letters that I have received. I once again called and asked to speak to the Capital One Credit Bureau Resolutions, the department that the letter came from and was informed that there was no such department so I asked to speak to a manger again and I was connected to XXXX. I explained my situation again to him and he had me on hold for several minutes and came back on and told me again about the FCRA and it could not be done but understood that the lady I first spoke to promised me something that could not have been done. I then stated that it was wrong for her to promise me something since I believed it was a verbal contract and I fulfilled my side of the agreement. If I would have known this I would have just had it been a charge off since that hit on my credit and my FICO would have had less of an impact verses the late payments that I have on it now. 
So this leads me to contacting you through this letter in hopes that you can help me with what I was promised and see that since I have been making good on my half of the verbal agreement. I would have made sure that I received a letter first before doing such an act in paying but I thought that since I am an honest person that she would and your company would be the same. I feel like I have regained your trust and knowing that since this happened I have not been late on any of my payments that I have with Capital One. I urge you to pull the recordings from said conversations with each representative to verify what was promised. 
I am just asking for my promise to be made valid and my late payments be removed. The dates for the late payments are XXXX XXXX XX/XX/XXXX. I paid in full in XXXX when I was promised all of the late payments would be removed from my credit. I am hoping that you can fulfill your side and make my credit positive again with all three credit bureaus. I sincerely hope that Capital One believes in their customers and I humbly request your consideration to allow me to pursue my dreams. I appreciate your time and look forward to receiving a favorable decision from you soon. 

Regards, XX/XX/XXXX To Whom It May Concern : In response to the document that Capital one wrote to me stating that my account was correct, I have found some issues with the information. I enclosed the original letter where Capital one stated that the information was correct but when I went on my account on line I found other issues and I have enclosed the reports that I have found on my account. The dates that were stated were late was XXXX  30 days, XXXX 30 days, XXXX 60 days, XXXXy 90 days, XXXX  120 days, and XXXX 150 days late. 
The first proof I have is the XXXX Year end summary. It stats that I was charged late fees for the following months : XXXX, XXXX, XXXX, XXXX, and XXXX. XXXX was cleared up for XXXX and XXXX. XXXX was never reported on my credit so that would make XXXX 30 days and XXXX 60 days. The XXXX  year end summary shows no fee was charged for being late in XXXX, XXXX, XXXX and XXXX. 
Enclosed is also a paper showing where I paid the XXXX bill that was verbally agreed upon in the amount of @ XXXX which was half the balance due. XX/XX/XXXX summary shows never late on the credit report but was charged a {$25.00} late charge. XX/XX/XXXX summary shows I made a payment and that the amount I paid was above the new balance amount that was billed to me. XX/XX/XXXX summary shows the balance is different from the XX/XX/XXXX. I made a payment in XXXX so I do not understand why I was charged a late fee from the month before. XX/XX/XXXX summary should be 30 days late and was charged a late fee of {$35.00} not the regular {$25.00}. XX/XX/XXXX summary should be 60 days late and was charged {$35.00}, the account was then suspended. XX/XX/XXXX summary shows that no late payment was issued and the account shows suspended. I believe that if in order for Capital one to report this as being late they should charge me the late fee which they did not for this month. XX/XX/XXXX summary shows that the account is restricted which I do not understand since it went from suspended to restricted and this month I was not issued the late fee again. I do not understand how Capital one can report late payments to the credit bureaus if they do not charge me a late amount. XX/XX/XXXX summary shows no late charge, balance is different and it is still restricted. XX/XX/XXXX summary shows the amount I promised to pay verbally and no restrictions on my card. XX/XX/XXXX summary shows payments have been made on time, which was agreed upon verbally with the customer service representative. As to this day I have not been late and have made my payments in a timely matter. 
I do not understand how Capital one can support these findings since it clearly shows that they sometimes charged me for late fees, sometimes didnt, and also sometimes didnt report me for being late to the credit bureaus. Capital one made my account show suspended then after still not paying switched it to restricted. I owned up to what I did wrong I just hope that Capital one will own up to their representative making me a verbal agreement and remove all the lates off my account. I have showed several documents that are attached that Capital one doesnt report accurate items to credit bureaus. 

Please look into this farther and see that I held up on my part of the verbal agreement and Capital one has not and they have different information then I do in my files. 

Thank you for your time.

Company response to consumer: Closed with explanation