Consumer complaint received 2024-02-08
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: CAPITAL ONE FINANCIAL CORPORATION (NY)

Personal credit should not be mixed with business and according to the FCRA Section 604 Commercial credit or insurance. A report on a consumer for credit or insurance in connection with a business operated by the consumer is not a consumer report, and the Act does not apply to it. ( Whereas a consumer is an individual and not a said business ). Even if it is correct that a consumer report is a " consumer report '' under the FCRA regardless of the data 's ultimate use, liability for commercial losses still should only turn on the " misuse '' of a " consumer report '' by a business. A business that relies on consumer credit data to make decisions about commercial credit does not " misuse '' a consumer report to subject itself to the FCRA- it merely relies on consumer credit data to determine eligibility for non-consumer credit. The consumer credit information relied upon by the business never becomes a " consumer report '' under the FCRA. Accordingly, FCRA- based damages should not be recovered under those circumstances and is in violation of statute. 

XXXX XXXX XXXX XXXX This is a business debt that should not be classified as a personal debt. I also asked for signature that said this was a personal debt and they were not able to provide that. 

XXXX  Email Thread XXXX To : XXXX XXXX XXXX XXXX XXXX XXXX Capital One Finance Corporation XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  Dear XXXX XXXX, We have been a satisfied customers of Capital One Mastercard since XXXX XXXX and have truly valued our experience with your esteemed company. I, XXXX XXXX, am writing to request a " goodwill '' adjustment to the information that Capital One reports to the three credit bureaus. 

I have become aware of a defaulted business credit card account, ending in XXXX, with a balance of {$920.00}. I endured significant hardship as a result of contracting XXXX, which had profound effects on both my physical well-being and financial stability. However, I am delighted to inform you that my circumstances have improved, and I am now on a promising path to recovery. 

Considering my otherwise impeccable payment history as a devoted Capital One customer throughout the years, I humbly ask you to consider allowing me to settle this debt through a negotiated payment and completely expunge the negative tradeline from my credit report. 

Given that I am currently in the process of purchasing my first home, the presence of this tradeline on both my personal and business credit reports is undeniably detrimental. I genuinely hope that Capital One will be willing to collaborate with me in eradicating these marks that have arisen from circumstances beyond my control. 

I hold the relationship I have cultivated with Capital One in high regard, and I can not sing enough praises for the exceptional service I have received. I consistently recommend your company to my friends and relatives. I sincerely hope that you will thoughtfully consider my request and once again demonstrate why Capital One surpasses its competition. 

I eagerly await your response. 

Warmest regards, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX CONFIDENTIAL : This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. 

XXXX XXXX XXXX XX/XX/XXXX, XXXX to XXXX Hello, Hope all is well and would like to resolve this issue once and for all. This debt is severely affecting my personal credit and I am disputing the reporting of credit personally, which is unrelated to the company XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX. 

Something needs to happen. I have already explained that I was severely affected by XXXX, and unfortunately other legal disputes currently upheld in court have negatively affected payments as well. 

Personal credit should not be mixed with business and according to the FCRA Section 604 Commercial credit or insurance. A report on a consumer for credit or insurance in connection with a business operated by the consumer is not a consumer report, and the Act does not apply to it. ( Whereas a consumer is an individual and not a said business ). Even if it is correct that a consumer report is a " consumer report '' under the FCRA regardless of the data 's ultimate use, liability for commercial losses still should only turn on the " misuse '' of a " consumer report '' by a business. A business that relies on consumer credit data to make decisions about commercial credit does not " misuse '' a consumer report to subject itself to the FCRA- it merely relies on consumer credit data to determine eligibility for non-consumer credit. The consumer credit information relied upon by the business never becomes a " consumer report '' under the FCRA. Accordingly, FCRA- based damages should not be recovered under those circumstances and is in violation of statute.

I take no responsibility for this debt personally. However, as a managing member of XXXX XXXX XXXX XXXX I am willing to cooperate as needed to resolve the debt. This tradeline is affecting my personal ability to finance my home and obtain other funding. 

Please advise. 

XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX XXXX XXXX XXXX XX/XX/XXXX, XXXX to XXXX Hello. 

I received a call this morning and nobody said anything on the phone. I submitted a dispute yesterday but no one is responding correctly. I am requesting the policy contract with my signature that expresses that commercial and business reports are supposed to be reported to consumer reports individually. Business and consumer reports are not supposed to be personally mixed as they are two separate reports. I am not assuming responsibility for this debt personally as it is not a personal account. 


Personal credit should not be mixed with business and according to the FCRA Section 604 Commercial credit or insurance. A report on a consumer for credit or insurance in connection with a business operated by the consumer is not a consumer report, and the Act does not apply to it. ( Whereas a consumer is an individual and not a said business ). Even if it is correct that a consumer report is a " consumer report '' under the FCRA regardless of the data 's ultimate use, liability for commercial losses still should only turn on the " misuse '' of a " consumer report '' by a business. A business that relies on consumer credit data to make decisions about commercial credit does not " misuse '' a consumer report to subject itself to the FCRA- it merely relies on consumer credit data to determine eligibility for non-consumer credit. The consumer credit information relied upon by the business never becomes a " consumer report '' under the FCRA. Accordingly, FCRA- based damages should not be recovered under those circumstances and is in violation of statute. 


Please advise so that I can take care of this debt correctly. As the managing member of XXXX XXXX XXXX XXXX, I am offering to settle this debt under XXXX XXXX XXXX XXXX without being personally penalized for this debt. 


Please advise me immediately. 


XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX