Consumer complaint received 2017-12-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: LA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I noticed that you are reporting inaccurate data - such as : REPORTING AN ACCOUNT AS A COLLECTION ACCOUNT MULTIPLE MONTHS IN A ROW WHEN AN ACCOUNT CAN ONLY GO INTO COLLECTIONS ONE TIME. NOT 4 TO 24 MONTHS IN A ROW LIKE YOU ARE REPORTING IT!!! AND NOT AS A BRAND NEW COLLECTION EACH MONTH ... YOU HAVE REPORTED THESE ACCOUNT INACCURATELY LONG ENOUGH.. .REAGING OF AN ACCOUNT IS A MISREPRESENTAION OF MY CREDIT HISTOR-Y ... XXXX so DELETE THESE ACCOUNTS NOW!!!! PLEASE!!!!! I have fully researched my rights and found that the Fair Credit Reporting Act does not allow you to victimize innocent credit worthy people by reporting erroneous false information. Under the FCRA, the following applies to me 2011 Louisiana Laws Civil Code CC 3494 Actions subject to a three-year prescription Universal Citation : LA Civ Code 3494 SECTION 2. THREE YEAR PRESCRIPTION Art. 3494. Actions subject to a three-year prescription The following actions are subject to a liberative prescription of three years : ( 1 ) An action for the recovery of compensation for services rendered, including payment of salaries, wages, commissions, tuition fees, professional fees, fees and emoluments of public officials, freight, passage, money, lodging, and board ; ( 2 ) An action for arrearages of rent and annuities ; ( 3 ) An action on money lent ; ( 4 ) An action on an open account ; and ( 5 ) An action to recover underpayments or overpayments of royalties from the production of minerals, provided that nothing herein applies to any payments, rent, or royalties derived from state-owned properties. Acts 1986, No. 1031, 1. civil code sec. 2 art. 3494 Louisiana Also I would like to state you keep deleting accounts and then the creditors add them back to my credit and re age debts that are in fact 3 + years older and also none of the creditors are  registered in the state of Louisiana. I have provided proof were accounts have been deleted and creditors are illegally adding accounts back as new accounts. I have also provided proof that you are reporting accounts open that have been charged off and in my state prescription which is only allowed there Years ... do whats right and delete these accounts as you are reporting false documents!!! The following accounts listed on my credit as follows Capital one - reporting as open but has portfolio recovery collecting debt? Double the trouble right!!! 3 years Close account and delete- Ive also added my FCRA guidelines that apply to me as well 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. B ) Requirements Relating to Reinsertion of Previously Deleted Material ( i ) Certification of accuracy of information. If any information is deleted from a consumer 's file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. ( ii ) Notice  to consumer. If any information that has been deleted from a consumer 's file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. ( iii ) Additional information. As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumer 's file disputing the accuracy or completeness of the disputed information. ( C ) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumer 's file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph ( other than information that is reinserted in accordance with subparagraph ( B ) ( i ) ). ( D ) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumer 's file to other such consumer reporting agencies. ( 6 ) Notice of Results of Reinvestigation ( A ) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency. ( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed ; ( ii ) a consumer report that is based upon the consumer 's file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; ( iv ) a notice that the consumer has the right to add a statement to the consumer 's file disputing the accuracy or completeness of the information ; and ( v ) a notice that the consumer has the right to request under subsection ( d ) that the consumer reporting agency furnish notifications under that subsection. ( 7 ) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description. ( 8 ) Expedited dispute resolution. If a dispute regarding an item of information in a consumer 's file at a consumer reporting agency is resolved in accordance with paragraph ( 5 ) ( A ) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph ( 1 ) ( A ), then the agency shall not be required to comply with paragraphs ( 2 ), ( 6 ), and ( 7 ) with respect to that dispute if the agency ( A ) provides prompt notice of the deletion to the consumer by telephone ; ( B ) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph ( C ), a statement of the consumer 's right to request under subsection ( d ) that the agency furnish notifications under that subsection ; and ( C ) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumer 's file after the deletion, not later than 5 business days after making the deletion. With this being said Im aware of my rights. Please do whats right and delete and make sure these stay off my reports. Thanks happy holidays XXXX.

Company response to consumer: Closed with explanation