Consumer complaint received 2016-05-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
Capital One Bank, Loan opened XX/XX/2008 XXXX mtg. Shortly after the loan was opened the financial crisis hit. I went past due almost right away and was charged off. I continued to work with the bank catching up on payments to avoid fcl. After catching up I asked the CSR why it still showed a charge off on my report. She told me they had a policy that I had to stay current for one year and until then it would show charge off. I argued that I could not refinance the house at a lesser rate and pay them off because of the charge off on my report. I was current buy they refused to change the rating. Time passed I went in and out of delq all along trying to sell the house. They hounded me at home and work even leaving message on my work recorder that they were going to forclose causing me quite the emb at work. I continued to try to sell the house but to no avail. I then became sick and was in the hospital for quite some time, my neighbors helped keep the house up and on the market but no one was buying. When I got out of the hospital I called them to tell them I was out and was going to begin to borrow from friends to bring current again. 
Two days later they filed for fcl. I get it, I kept trying to sell the house and got a bid that would pay off the XXXX and the XXXX if I came up with XXXX at closing. I told them I would be a little short at closing and they told me too bad and continued the fcl. I had to file bk to stay in the house and get another place to live. I did this, they got the house in fcl. After filing bk they sent me invoices for two years for the full amount and at the bottom it said " this is not an invoice ''. So I have asked them to change or delte the account because of their FDCPA violations, their claims they were helping people during that time and they would not even short sale the account for less then XXXX, because that even after I brought the account current they refused to change it from a charge off so I could refi at a lower rate and pay them off. Capital One went out of their way to make sure I was fcl on and evicted even when they had several chances to change the rating and allow me to refi. I have disputed this with the credit reporting agencies on 6 sep occasions and asked for documents and for them to report the first date of delq and they just respond saying " investigation complete '' without sending me a thing. I dont think a person looks at the disputes I think, just like my fcl, it is all automated. I have spoken with one attorney, not retained, and he wants me to just sue them but I feel at the end of the day despite the financial crisis, despite that homes of this value would not sell I was responsible. With that said I am not responsible for robo fcl 's or robo responses to my disputes. If the will delete the account I will go about my business if they wont I will take this to court for all it is worth. The recording of the lady telling me " I better pay up or I will be out in the street '' should be worth something in front of a Jury. Once again I only want them to delte the account nothing more and nothing less. Thank you

Company response to consumer: Closed with explanation