Consumer complaint received 2024-04-09
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION (NY)

TIME SENSITIVE NOTICE - ACTION REQUIRED Do not close and mark as duplicate. This is my final notice to CAPITAL ONE that if it does not correct the incorrect information it has shared to my credit report within XXXX days, I will be forced to seek legal action and file a lawsuit against CAPITAL ONE for its egregious violation of my rights under the FCRA. 

In XXXX, XXXX, I attempted to correct a billing error on my account that has been on my account since XXXX. I informed CAPITAL ONE that I had sent payment in the form of a money order. I believe CAPITAL ONE has used this money order to satisfy the debt on my account but has continued to harass me on a debt I do not owe. I have requested the ledger associated with this account, to prove that I am liable for the debt and that it has not already been discharged. CAPITAL ONE has repeatedly failed to provide me with this information. 15 U.S. Code 1666 - Correction of billing errors ( A ) not later than XXXX days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than XXXX complete billing cycles of the creditor ( in no event later than XXXX days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( XXXX ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditors explanation of any change in the amount indicated by the obligor under paragraph ( XXXX ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligors indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination. It did not make the action required in subparagraph ( B ) nor did it correct the billing error. 

In XXXX of XXXX, I communicated with CAPITAL ONE about its unlawful credit reporting. After CAPITAL ONE received notice from me about the billing error, it has adversely reported on my credit standing to numerous credit reporting agencies. It has also reported that this amount is delinquent for over XXXX years, which has seriously harmed my credit standing and ability to pursue happiness. 

15 U.S. Code 1666a - Regulation of credit reports ( a ) Reports by creditor on obligors failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. 


CAPITAL ONE is in willful and knowing violation of the FCRA. 15 U.S. Code 1611- Criminal liability for willful and knowing violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 

CAPITAL ONE has not followed its obligation under the FCRA. If this issue is not resolved within XXXX days, I will have no option but to file a lawsuit against CAPITAL ONE for its failure to correct the billing error, harassment to pay the alleged debt, improper use of my information, and unauthorized communication about my personal information.