Consumer complaint received 2017-04-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
Product: Credit card
Issue: Delinquent account

Complaint:
XXXX last year, I disputed XXXX Capital One accounts that were appearing on my credit report because I did not recognize them, and I had not received statements from Capital One pertaining to those accounts, and it had been a while since I used a card issued by Capital One. After receipt of my dispute, Capital One 's senior customer service forwarded me a copy of the statements, and they confirmed that most of them were sent to my previous address where I had not lived for quite sometime. Upon receipt of the statements, I was able to confirm that the accounts in fact were mine. Between not using the accounts for a time and seeing several other previously sold/transferred Capital One accounts appearing on my credit report, I was confused as to which was which. During the time I was disputing these accounts, Capital One continued to report the accounts as delinquent to the XXXX CRAs, including a 90 day late which subsequently caused my credit score to tumble by approximately XXXX points. During this time, I will also point out I was not receiving statements and had no way to access my accounts. I was under the distinct impression that under federal regulations, including the FCRA and FDCPA, issuers are not to report a disputed account as delinquent during the dispute process, can not charge late fees or interest on the disputed amount ( but can retroactively apply interest should a determination be made that is not in the cardholder 's favor ), and once the investigation is completed, a cardholder must be informed of that decision and given a reasonable opportunity to make payment if the ensuing determination is not in his/her favor. 
In a response sent to me from Capital One, sufficient proof was provided to validate the accounts. However, the letter I received indicated a notation would be sent to each credit bureau indicating I was continuing to dispute the accounts, which I was not. However, before I could notify Capital One of this, information was sent to the CRAs stating the dispute was nevertheless solved. Once I received verification that these accounts were legitimately mine, I fulfilled my contractual obligations and paid XXXX account off in full, and paid 85 % of the balance on the other account. After paying both accounts, I searched for and successfully located the corresponding cards to these accounts. When I located them, they had not yet been activated. As such, I called the XXXX number on the reverse of each card and attempted to activate the accounts. Upon speaking with a representative in an attempt to activate my cards, I was told they could not be activated because there is a fraud restriction on both accounts, and that restriction has been in effect for well over a year. Despite the fact that I have not been able to access the card or take advantage of the product extended to me, I have nevertheless been assessed a yearly " membership fee. '' Furthermore, I would have assumed that the restriction would have been removed once the accounts were confirmed to be legitimate. Lastly, I would like to point out that I made an overpayment on XXXX of my accounts to provide a cushion in the event I did not satisfy my balance in its entirety.

Company response to consumer: Closed with non-monetary relief