Consumer complaint received 2021-09-24
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I recently pulled my credit report from XXXX, XXXX and XXXX and to my amazement, saw that you recently have decided to report me 30 days late on this account. Not only was I never late on this account, but according to the FCRA, as amended by the FACTA act, you are required to notify me of the insertion of negative listings. I never received such a notice. Your company never notified me, and your company filed to send me my statements for that month and when I talked to your rep, I was told that this mistake would be deleted. I never received a billing statement from your company.

FCRA 623 ( a ) ( 7 ) Negative Information ( A ) Notice to Consumer Required ( i ) In general. If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 603 ( p ) furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. 

( ii ) Notice effective for subsequent submissions. After providing such notice, the financial institution may s

ubmit additional negative information to a consumer reporting agency described in section 603 ( p ) with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer.

( B ) Time of Notice ( i ) In general. The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603 ( p ).

( ii ) Coordination with new account disclosures. If the notice is provided to the customer prior to furnishing the negative information to a consumer-reporting agency, the notice may not be included in the initial disclosures provided under section 127 ( a ) of the Truth in Lending Act I contacted your company and talked to customer service, XXXX who admitted that it was Capital one error because my billing statement was sent to and they were aware and assured me that this misunderstanding was going to be removed from my credit report and listed correctly. The representative promised to send me a payment statements so we wont have this maundering anymore of my account and stated that this mistake would be corrected. I never received such documentation. The results of my XXXX XXXX and XXXX and XXXX dispute have just come in, and say verified. How is this possible?. Reporting inaccurate information is also a violation of the FCRA. Enclosed is proof that payments was on time and never late Your company never sent me a billing statement and was advised that because of the mistake I would not have a late payment. I had to call your customer service and was told a statement was going to be sent to me and now I look at my credit report and you put 30 days late when it was your company and billing error. 

CAPTIAL ONE # XXXX

Company response to consumer: Closed with explanation