Consumer complaint received 2016-03-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
Product: Consumer Loan
Sub-product: Vehicle loan
Issue: Problems when you are unable to pay

Complaint:
XX/XX/XXXX I purchased a XXXX chevy 4x4 truck for {$42000.00}. The vehicle was financed through " Capital One Auto Finance '' ( here after referred at as Capital One ). They loan payment was {$880.00} per month for 72 months. In XX/XX/XXXX I had financial trouble due to being in construction and the housing market drop dramatically effected my income. The last loan payment made was XXXX XXXX. I explored every possibly option to keep the vehicle, but unfortunately I ultimately agreed to a voluntary repossession approximately $ XXXX was owed at the time of surrender. The vehicle was sold by Capital One at auction leaving a balance of {$10000.00}, as reported to all credit bureaus by Capital One. My personal credit report shows the {$10000.00} balance was charged off by Capital One as of XXXX XXXX. Oddly enough, Capital One also reported to the credit bureaus the vehicle was repossessed ( " R '' ) as of XXXX XXXX, yet the charge off was reported to the credit bureaus as of XXXX XXXX. The data reported is clearly false and inaccurate. It is impossible for the balance of the loan ( {$10000.00} ) to have been charged off two months prior ( XXXX XXXX ) to the reported repossession date of XXXX XXXX. This would mean the vehicle was sold at auction by Capital One two months prior to the vehicle having been surrendered by me to Capital One. 
As stated above Capital One reported the {$10000.00} " Charged Off '' to the credit bureaus as of XXXX XXXX. Even with the vehicle loan being in a " Charged Off Status '' by Capital One, Capital One has continued to report every month since XX/XX/XXXX ( to current date XXXX XXXX ) as " CO. '' The action being taken by Capital One has and continues to dramatically effecting my credit report/score through all credit reporting agencies. The information being updated monthly since XX/XX/XXXX by Capital One makes it appear that I still have an active loan payment of {$880.00} which I am not paying monthly and am past due on for the last 76 months ( keep in mind that id 76 months of non-payment reporting to the credit bureaus by Capital One on a loan that began XX/XX/XXXX, this is on a loan that if went to term would have matured by XX/XX/XXXX. There has been no loan contract written, verbal agreement made or otherwise implied by myself to Capital One for any payment arrangement on the remaining " Charged off '' amount of {$10000.00} dollars. 
I filed a dispute form with XXXX over the Capital One data reported. The dispute results were received and dated XXXX XXXX, XXXX. The dispute results document showed further information stating, " account charged off. {$30000.00} written off. {$10000.00} past due as of XXXX XXXX. '' Capital One has by omission admitted the entire loan balance of {$30000.00} was " charged off. '' The {$30000.00} " charged off '' amount includes the {$10000.00}, however, Capital One continues to intentionally negatively impact my credit score by reporting the amount as a monthly payment being not paid. Following the dispute completion my credit scored dropped dramatically. Upon review of my XXXX credit bureau reports I found that Capital One has fraudulently inflated the balance of {$10000.00} to a new balance of " {$13000.00} '' to all credit bureaus. This inflated balance reporting having occurred immediately following my dispute of their data reporting is an unethical, illegal, fraudulent act that is malicious in nature and is being done to punish me for exercising the legal right to dispute inaccurate reporting to my credit report. Capital Ones credit reporting tactics against me are intentional and retaliatory in nature and are being done for the sole purpose of harming my personal credit reports and credit score. I respectfully request my complaint be investigated and upon completion Capital One shall be required to remove all data from all credit bureaus immediately. Documents are attached to support facts of my complaint.

Company response to consumer: Closed with explanation