Consumer complaint received 2015-10-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Credit card
Issue: Communication tactics
Sub-issue: Called outside of 8am-9pm

Complaint:
Kohl 's charged off credit card is showing on my credit report as being charged off. On XX/XX/XXXX I contaced Kohl 's to attempt to settle this debt. Kohl 's said a third party, XXXX, had my account and I needed to contact them. I contacted XXXX ( XXXX ) XX/XX/XXXX and was told that due to the age of this debt ( they mentioned it was over 4 years past due : last acct field XX/XX/XXXX ) they could n't take payment even if they wanted to and would have to send back to Kohl 's. I immediately called Kohl 's back and was told the process would take a few days if XXXX was actually going to send back the account. 

Over the past couple of months, I have talked to Kohl 's reps several times attempting to settle the account. Their offer got down to about {$1100.00} to settle on XX/XX/XXXX and XX/XX/XXXX which I did n't take. They called me periodically and there were 5 instances where they called in the XXXX XXXX and XXXX XXXX. hour. I brought this to their attention and they did not stop calling at these times, but blamed it on their dialer. I advised them this was in violation of the CA FDCPA and wanted my account marked settled in lieu of filing with a list of agencies including to bring suit for a possible XXXX award. They did n't seem to care. One employee actually said it only mattered where the call was being made. I told her that was ridiculous and untrue, since that would mean someone in another area could then reason to call me in the middle of the night. Once someone apologized for the inappropriate calling times. 

Several times in these interactions with Kohl 's I was told they could not settle with me because the account was still with XXXX. When I called to attempt to settle, I never knew if they were going to say the account was with Kohl 's or XXXX, as one day it would be with Kohl 's ( and we would try to negotiate ) and then the next week supposedly with CCS ( then they could n't negotiate ) and back to Kohl 's again. 

On XX/XX/XXXX I called Kohl 's to again attempt to get this debt off of my credit report by settling. On this date I was told by a supervisor that my account had gone back to CCS. He said he did n't know why anyone at Kohl 's had tried to settle with me, because since it was Charged Off they would n't be able to accept anything less than the full amount due ( {$1900.00} ). I told him I 'd received several offers from Kohl 's. He did n't understand why and he said he could n't help me anymore. I called XXXX immediately and was told, again, that they could not take any type of payment for me and had sent the account back to Kohl 's on XX/XX/XXXX and there had been no further activity on the account. They said even if Kohl 's sent back that day they could n't try to get payment on it or take any payment. 

I called Kohl 's back again XX/XX/XXXX! The person I talked to said there was nothing else that could be done, that she could n't help me. I made her aware that I could n't pay Kohl 's, and I could n't pay XXXX, so I had no way of clearing this debt. She understood but said she could n't do anything. Supposedly she 'd try to submit my account for some sort of review and they would get back to me in a few days. I have not heard or received anything. 

I can not settle this debt, there is no one I can pay or negotiate with! I even submitted a credit report investigation out of desperation XX/XX/XXXX, but it did n't change anything. Kohl 's remains on the credit report listed as charged off. I need to resolve this as soon as possible, as by now it 's the last old debt I had to take care of. 

What do I do?? Thanks for any assistance you can provide.

Company response to consumer: Closed with non-monetary relief