Consumer complaint received 2024-05-02
Product: Debt collection — Auto debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

The negative impact of this reporting became evident to me following a denial for credit at XXXX XXXX with the reason explicitly cited as the negative marks originating from your reporting. This incident has raised serious concerns about my future ability to obtain credit. 

In accordance with the Fair Credit Billing Act ( FCBA ), which stipulates that consumers have the right to request and obtain information about their accounts that have been reported, I am hereby requesting all pertinent information that your company has used as the basis for reporting my account as late. This includes, but is not limited to, payment histories, dates of alleged late payments, and any correspondence or notices sent to me regarding late payments. 

I am writing to you today regarding the above account and vigorously contesting the manner in which it is reported on my credit bureau reports. The Fair Credit Reporting Act ( FCRA ) has given me the right to request an immediate removal of this account from my credit report as per Section 611 because the account as reported does not accurately reflect my credit liability. 

I have exhaustively reviewed my credit report prepared by all three primary credit reporting agencies ( XXXX, XXXX, and XXXX ) and have observed that the accuracy of this particular account, CAP ONE AUTO with the furnished account number, is in grave contention. Please consider this communication as my official notice of dispute. 

In accordance with FCRA provisions, specifically sections 611 and 623, your firm is bound by law to investigate my grievance without delay. While the investigation is ongoing, you are obliged to mark the disputed information as such on my credit report. 

Moreover, the dispute process demands transparency, and I would appreciate receiving a detailed record of your investigation. The FCRA grants me the right to view the method of verification you employed, entitling me to the aforementioned information.

It is imperative to note, under FCRA section 623 ( a ) ( 1 ) ( A ), there's a requirement that stipulates you supply accurate information about me to various reporting agencies. Misrepresenting information about my account indicates egregious violations in both letter and spirit. Therefore, an immediate remedial action is fundamental. 

Should you fail to address the inconsistencies reported with immediate effect, understand you open yourselves up to potential litigation and punitive damages, as detailed by FCRA Section 616 and 617. My right as a consumer, when infringed upon, carries a cost that your institution would be held liable for, this includes attorney fees. 

Please understand that I am acting in utmost good faith to rectify discrepancies in my credit report that have occurred through no fault of my own, rather as a result of inaccuracies reported by your firm. I look for nothing more than the legal requirement for accurate credit reporting, as stipulated by the FCRA, and hope your immediate investigation into this matter will correct these inaccuracies and so mitigate any damage done to my credit standing and personal reputation. 

I hereby request immediate removal of the account in question from my credit report, to reflect the actual state of my financial dealings accurately. Furthermore, you are required to provide a summary of your investigation and the steps taken for rectification. 

Please note that a copy of this letter is being sent to the Consumer Financial Protection Bureau and my attorney to maintain a record of my dispute. A definitive response to this dispute is expected within 30 days from the receipt of this letter, as required by the law. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX