Consumer complaint received 2024-01-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION (LA)

NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT This is the final request for account deletion my privacy has been violated this is direct violation of my consumer rights as outline by the FCRA I will be requesting {$1000.00} in damages due to failure of investigation please re-investigate and remove these accounts!! 
ACCT # XXXX CAPITAL ONE ( OPEN DATEXXXX ) you are furnishing inaccurate and incorrect information to the consumer reporting agencies.

The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes.

15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : it also states a consumer reporting agency can not furnish a account without my written instructions. 15 U.S. Code 1681a- Definitions ; rules of construction- Exclusions.-Except as provided in paragraph the term " consumer report '' does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S.C 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

As defined by the IRS Even if you didnt receive a Form 1099-C, you must report canceled debt as a gross income on your tax return.

The IRS clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate!

By Definition The IRS clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate.

15 U.S. Code 1681s2 Says you CAPITAL ONE are a furnisher of information to a consumer reporting agency.

You ARE PROHIBITED BY LAW to furnish accurate information. I demand you to Cease and Desist the reporting of incorrect/in accurate information immediately.

15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
You are hereby put on NOTICE that you are furnishing incorrect inaccurate information. 

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS 2021 publication. 

SEND ME FORM 1099-C that you should have sent when you Filed the account as a canceled debt.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 
Duty : a moral or legal obligation ; a responsibility.

Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something.

In conclusion I have shown you and you have been put on notice that you are reporting Inaccurate information. The information is, in fact, inaccurate.

The continued reporting of this INACCURATE information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and INACCURATE reporting. This is a final opportunity to Cure and DELETE this Erroneous, inaccurate account from my Consumer report.