Consumer complaint received 2022-10-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MA
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:
During the XXXX Pandemic in XXXX of XXXX I contacted capital one auto because they said if youre having hardship during the pandemic to do so for help, I spoke to a representative who setup a payment accommodation who stated that my payments would be deferred during the pandemic but I would accrue more interest each day to be paid at the end. I told her I could not make the full payments each month on my auto loan and she said just pay whatever you can when I can and that I am covered under the CARES ACT that went into effect XXXX XXXX. The Cares ACT states An accommodation includes any payment assistance or relief granted to a consumer who is affected by the XXXX pandemic during the period from XX/XX/XXXX, until 120 days after the termination of the XXXX national emergency declared by the President under the XXXX Emergencies XXXX. Such an accommodation includes, for example, agreements to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, or modify a loan or contract. An accommodation includes assistance or relief that is granted voluntarily or pursuant to a statutory or regulatory requirement. The XXXX XXXX XXXX is still in effect and is supposed to end XXXX XXXX. Section 4021 of the CARES Act amends the FCRA to address how furnishers report accounts subject to an accommodation. Furnishers can grant accommodations voluntarily or pursuant to a statutory or regulatory requirement. The XXXX XXXX provisions addressing how furnishers report accounts subject to an accommodation apply if : ( 1 ) a furnisher makes an accommodation with respect to one or more payments on a credit obligation or account of a consumer, ( 2 ) the consumer makes the payments or is not required to make one or more payments pursuant to the accommodation. If the credit obligation or account was current before the accommodation, during the accommodation the furnisher must continue to report the credit obligation or account as current. Capital One Auto Finance failed to report my payments as current from XX/XX/XXXX until XX/XX/XXXX. I Started my career and have been making all my payments on time. I recently applied for a mortgage but was denied, after checking my report i noticed all the reported late payments on it, I have disputed this with the creditor direct, the 3 credit bureaus and they come back verified. I have escalated this dispute and sent a letter to the XXXX XXXX of the XXXX of Capital One who at first thought it was a goodwill letter and sent my request to someone and they would not agree to change my report. I told her this is not a goodwill adjustment and she stated she would look into it further for me which I am waiting to hear back. These late payments severely affect my chance to be approved for a mortgage or any future credit decision and is damaging my personal relationship with my fianc at this point.

Company response to consumer: Closed with explanation