Consumer complaint received 2024-09-22
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION (NV)

XX/XX/XXXX LEGAL NOTICE TO : XXXX XXXX XXXX XXXX - CONSUMER DISPUTES DEPARTMENT and LEGAL DEPARTMENT Cc : CFPB CONSUMER FINANCIAL PROTECTION BUREAU XXXX XXXX XXXX, Consumer XXXX XXXX, CONGRESSIONAL REPRESENTATIVE Internal Revenue Fraud Services Legal Departments for : XXXX XXXX  ; XXXX XXXX XXXX ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( representing XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 10 DAY NOTICE FOR LEGAL ACTION TO COMMENCE and DEMAND FOR REMOVAL OF DEROGATORY ITEMS FROM CONSUMER REPORT OF XXXX XXXX XXXX IN ACCORD WITH 15 USC 1681s2 RESPONSIBILITIES OF CRAs and FURNISHERS ; 15 USC 1681 e b ACCURACY OF REPORT ; and 15 USC 1681n CIVIL LIABILITY FOR WILLFUL FAILURE TO COMPLY WITH FCRA requirements and laws TO WHOM IT MAY CONCERN, On behalf of client, XXXX XXXX XXXX, we are writing to formally request removal of derogatory items from the aforementioned consumer report in accord with the FAIR CREDIT REPORTING ACT ; 15 USC 1681 s2 AND 15 USC 1681 e b. 

There appears to be clear and present violations in the FAIR CREDIT REPORTING ACT as it pertains to the numerous errors and inaccuracies willfully being reported on the aforementioned XXXX credit report. AFTER responsible reporting agencies and furnishing parties WERE previously notified of such inaccuracies and errors ( on several documented occasions ) they nonetheless continued reporting such inaccuracies on the consumer 's XXXX credit report. 

It also appears, for lack of any other reasonable conclusion, that the responsible reporting agencies allegedly used deceptive practices to mislead the consumer into believing a proper and thorough investigation had been conducted numerous times concerning the inaccuracies, but had not whereby informing the consumer the inaccuracies would remain on the consumers report as is. 

The following agencies were duly notified, and the responsible parties were asked to correct or remove such inaccuracies : 1. The CRAs 2. The COLLECTION AGENCIES ACCOUNTS WERE SOLD TO ( as applicable ) 3. The ORIGINAL CREDITORS 4. The CFPB In accordance with 1681n and on behalf of client XXXX XXXX XXXX, we will also seek civil liability damages, for each violation, of not less than {$1000.00} ( one thousand dollars ) for deceitful practices and willful failure to comply with FCRA laws in not conducting a thorough and proper investigation and immediately correcting or removing said inaccuracies. 

Under the FCRA, the right of a consumer to dispute his or her inaccuracies on their credit report and call for those inaccuracies to be immediately corrected or removed should not be taken lightly as such willful neglect and oversight is the very core of why FCRA laws came to exist. It is also the right of a consumer to expect truthfulness in accord with such a critically sensitive and personal issue at stake. Misleading the consumer to believe a thorough and proper investigation OF THEIR CONSUMER REPORT had been completed with the highest possible regard for complete accuracy, when it had not, is improper and fraudulent. 

We kindly request, for the final time, prior to filing a civil complaint against the responsible parties, that a THOROUGH AND PROPER investigation BE CONDUCTED INTO THE ACCOUNTS THAT ARE REPORTING INACCURATELY. These accounts, once properly investigated, will confirm the inaccuracies alleged, and should therefore be immediately REMOVED from appearing on our clients report AND causing further harm. 

We feel that sufficient time ( far beyond 30 days ) has lapsed and is far beyond what is a reasonable amount of time to correct the errors ; that sufficient attempts have been made by our client to notify each of the CRAs, and other responsible parties of the errors and have such inaccuracies corrected or removed ; and enough damage has been caused as a result of the inaccuracies not being corrected or removed. 

We further conclude that proper investigations and verifications of these accounts were not previously done as reported to the consumer by the CRA 's. Therefore, the following actions are warranted : In summary, we demand : Immediate removal of items being reported inaccurately on the consumer report for XXXX XXXX XXXX as outlined on the attached pages. 
Statutory damages of not less than {$1000.00} ( one thousand dollars ) per inaccuracy that had been previously reported and that has led to harmful consequences suffered by our client. Such monetary damages should be directed to : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXXXXXX XXXX  XXXX. 
Written notification of the results of a THOROUGH and PROPER investigation to both XXXX XXXX and XXXX XXXX directly at their respective addresses noted on this document. 
A 1099C PROFIT AND LOSS STATEMENT issued to the consumer for every applicable account reported as a charge off ( profit and loss ) for proper IRS filings. 


XXXX XXXX SENIOR AGENT ____________________________________________________________________ XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX Phone : ( XXXX ) XXXX The following items are being reported inaccurately on the XXXX consumer report for XXXX XXXX XXXX XXXX XXXX XXXX FCRA 15 USC 1681 addresses many such concerns and responsibilities of credit reporting agencies and furnishers of information including, but not limited to, information reported must be reported with maximum possible accuracy ; violations concerning reporting of inaccurate information after notice and confirmation of errors ; reporting information with actual knowledge of errors ; duty of furnishers to provide accurate information. I HAVE ATTACHED 15 USC 1681 for your review. 

XXXX : XXXXXXXX XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX SOLD TO XXXX XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 

Manipulations in the charge-off date, such as this, can be construed as alleged FRAUD and not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. A VALIDATION OF DEBT, AS REQUESTED BY CONSUMER, was NOT received and is secondary grounds for removal. 

XXXX XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX SOLD TO XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A SECONDARY GROUNDS FOR REMOVAL. 

XXXX XXXX XXXX ACCT : XXXX LAST PMT : SOLD TO XXXX XXXX - INACCURATE AS REPORTED INCLUDED IN XXXX  XXXX PETITION. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A SECONDARY GROUNDS FOR REMOVAL. 


CAPITAL ONE AUTO ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$20000.00}. It can not be both a profit and loss AND balance still owing. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but can be construed as IRS FRAUD. A 1099C has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 

CAPITAL ONE # 1 ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$1900.00}. It can not be both a profit and loss AND balance still owing. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A 1099C has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 

CAPITAL ONE # 2 ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$1900.00}. It can not be both a profit and loss AND balance still owing. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A 1099C has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 


XXXX XXXX  ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$1500.00}. It can not be both a profit and loss AND balance still owing. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A 1099C has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 


XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 
-This account reflects as a charge-off ( profit and loss ) account but has a balance due, and a past due amount of {$490.00}. It can not be both a profit and loss AND balance still owing. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. Manipulations such as reporting a profit and loss, but still reflecting a balance owed not only violates FCRA accuracy laws, but manipulates IRS reporting. A 1099C has not been issued to the consumer for the profit and loss to appropriately file with the IRS. A debt can not be owed and due and also past due if the debt was written off as a profit and loss. 


XXXX XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX SOLD TO XXXX XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS SECONDARY GROUNDS FOR REMOVAL. 


XXXX XXXX ACCT : XXXX LAST PMT : XX/XX/XXXX SOLD TO XXXX XXXX -This account reflects MULTIPLE charge-off dates. There can only be ONE charge off date. 

Manipulations such as multiple charge-off dates can be construed as alleged FRAUD as it not only violates FCRA accuracy laws, but also manipulates the statute of limitations for this account. A VALIDATION OF DEBT WAS NOT RECEIVED UPON REQUEST OF CONSUMER AND IS A SECONDARY GROUNDS FOR REMOVAL. 

XXXX XXXX XXXX ACCT : XXXX -This account CAN NOT BE VERIFIED THROUGH XXXX XXXX XXXX XXXX XXXX  XXXX THE ORIGINAL SOURCE and must be removed. 

WE ARE UNSURE OF WHAT LEGAL AUTHORITY YOU HAVE TO DISCLOSE AND REPORT THIS INFORMATION WITHOUT PROPER VERIFICATION FROM THE ORIGINAL SOURCE BEING XXXX XXXX XXXX XXXX XXXX, BUT XXXX XXXX XXXX XXXX XXXX DOES NOT VERIFY, FURNISH OR ALLOW OR SHARE ANY PUBLIC INFORMATION. You will need first hand knowledge from the primary creditor. 


XXXX XXXX XXXX ACCT : XXXX -This account CAN NOT BE VERIFIED THROUGH XXXX XXXX XXXX XXXX XXXX XXXX THE ORIGINAL SOURCE and must be removed. 

WE ARE UNSURE OF WHAT LEGAL AUTHORITY YOU HAVE TO DISCLOSE AND REPORT THIS INFORMATION WITHOUT PROPER VERIFICATION FROM THE ORIGINAL SOURCE BEING XXXX XXXX XXXX XXXX XXXX, BUT XXXX XXXX XXXX XXXX XXXX  DOES NOT VERIFY, FURNISH OR ALLOW OR SHARE ANY PUBLIC INFORMATION. You will need first hand knowledge from the primary creditor..