Consumer complaint received 2016-03-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IL
Product: Consumer Loan
Sub-product: Installment loan
Issue: Managing the loan or lease

Complaint:
XXXX XXXX, XXXX The information below is the same information that I have furnished to a XXXX law Firm for possible litigation against Capital One NA and Transunion. I feel that the CFPB should be aware of these illegal practices of Capital One N.A., and take action to see that they are not allowed to do this to other consumers. Please do your job! 

I had an unsecured installment account with Capital One, while living in XXXX, opened on XXXX/XXXX/XXXX. I moved to XXXX on XXXX. I filed Chap XXXX BK in XXXX, on XX/XX/XXXX. This debt was listed in the BK. Cap One charged off the debt on XXXX/XXXX/XXXX. Last payment made to Cap One was on XX/XX/XXXX. They sold the debt to XXXX XXXX XXXX XXXX. Cap One has reported the debt as charged off/sold to another Lender, {$0.00} ( XXXX ) balance, ever since it was charged off. XXXX XXXX then reported the debt as theirs with a balance of {$5500.00} ( XXXX dollar more than the charge-off amount ), and is still reporting this same information. My Chap XXXX was dismissed on XXXX/XXXX/XXXX due to documents not provided by my attorney to the BK Trustee, after I had paid into the BK for almost a year. The credit bureaus have reported this same information up until this month, XXXX/XXXX/XXXX. This is a time-barred debt that is scheduled to fall completely off my credit report in 5 more months ( XX/XX/XXXX ). Yesterday, XXXX/XXXX/XXXX, I discovered that Capital One has re- reported this debt, as a valid, new debt, to the XXXX CRA 's, with a balance of {$5500.00}. I disputed this with XXXX and also with Cap One by phone, yesterday ( XXXX/XXXX/XXXX ). It appears they ( Cap One ) did this on XXXX/XXXX/XXXX. Cap One says I CURRENTLY owe them {$5500.00}, and is reporting this to XXXX and XXXX. XXXX XXXX is ALSO reporting that I owe them {$5500.00}. I believe that Cap One re-reported and re-aged this debt willfully, and maliciously. I have contacted a consumer attorney about a lawsuit. This dropped my XXXX credit score by XXXX points, putting my score at XXXX, just below the threshold for a pre-approved VA loan that I have recently applied for, and was pre-approved for, a month and a half ago. The VA threshold is XXXX. Now, I can not purchase the house that we are looking at, because my score has dropped, and I no longer qualify. I believe this was done maliciously, and illegally ( violates the FCRA ), by Cap One, to damage my credit rating, and to coerce me to pay this time-barred debt, which they charged off and sold to XXXX XXXX. I am XXXX years old and retired now, living on a fixed income, so I am looking for information on suing on a contingency basis. My wife and I have suffered enough for the last 7 years and I would like to sue Cap One ( Federally, if possible ) and/or Transunion, for violations of the FCRA. I have been XXXX long years waiting for my score to come back so we can qualify for this loan. Now, that we have finally reached our goal, our legs have been knocked out from under us, forcing us to continue to rent and robbing us of the right to, once again, own a home of our own. I am sick of these people and their underhanded tactics. In addition to this, XXXX XXXX is reporting this same debt monthly to the CB, so that this 7 year old debt appears to be new debt. This has caused damage to my credit and credit score for the last 6 years.I will NEVER pay this debt. Do you think I have a case? I am also going to report them to the CFPB, but I am not sure they will do anything other than a slap on the wrist of Cap One. Thank you. 

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXXXXXX

Company response to consumer: Closed with explanation