Consumer complaint received 2025-03-07 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION
State: DE

Complaint narrative:
Subject : Urgent Complaint - Capital Ones Deceptive Hardship Program and Wrongful Credit Reporting Consumer Information Age : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ), and XXXX XXXX 
Household Income : {$0.00} ( verified by XXXX letters : XXXX, XXXX XXXX XXXX XXXX XXXX ) Company Being Complained About Name : Capital One Financial Corporation Account Type : Credit Card Credit Card Information : o Name : Capital One XXXX Credit Card o Customer service number : XXXX ( XXXX ) XXXX ________________________________________ I. Introduction & Summary This complaint is filed against Capital One Financial Corporation for deceptive and misleading practices related to its Hardship Program associated with my XXXX Credit Card, specifically involving false reporting of my account as delinquent on my credit report, resulting in a substantial and unjustified drop in my XXXX XXXX ( see Appendix XXXX ). 
In XX/XX/XXXX, I explicitly disclosed the following facts about my adverse financial and medical condition to Capital One XXXX Credit Card Customer Service : I XXXX XXXX  XXXX in XXXX, XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXXXXXX ( see Appendix XXXX ). 
Since XX/XX/XXXX, my household has had no income. The severity of my financial and medical hardships is evidenced by the Delaware XXXX and XXXX XXXX ( DHSS ) XXXX approval letter, which verifies a household income of {$0.00} ( page XXXX ), and medical XXXX certifications provided by physicians ( see Appendix XXXX ). 
Despite my explicit disclosure of these facts, Capital One representatives assured me that under the XXXX XXXX, partial payments below the standard minimum would be considered fully compliant and would not negatively affect my credit report. 
Relying on these assurances, I consistently made timely partial payments ( see Appendix 4 ). However, Capital One incorrectly reported my account as delinquent, causing a substantial and unjustified drop in my credit score, which currently stands at XXXX points ( see Appendix 1 ). 
Please note that prior to Capital One 's delinquency reporting, I maintained a 98 % on-time payment history and a XXXX XXXX of approximately XXXX points throughout XXXX ( with a confirmed score of XXXX on XX/XX/XXXX ) ( see Appendix XXXX ). 
Capital One never provided verbal or written notice indicating that partial payments under the Hardship Program would lead to delinquency reporting. This misrepresentation not only breaches established legal standards but also exploits my vulnerability due to recent medical disability and severe financial distress. Capital Ones deceptive practices have caused serious and ongoing harm to my credit standing, significantly impacting my financial stability and prospects for recovery. 
Capital Ones actions constitute clear violations of federal consumer protection laws, including the Fair Credit Reporting Act ( FCRA ), Fair Credit Billing Act ( FCBA ), Equal Credit Opportunity Act ( ECOA ), and the prohibition against unfair, deceptive, or abusive acts or practices ( UDAAP ) under the Dodd-Frank Act. 
________________________________________ II. Detailed Timeline 1. XX/XX/XXXX : Initial Call & Enrollment in Assistance o Because I could not afford the late fees imposed in addition to the minimum payment in XX/XX/XXXX, I called Capital One XXXX Credit Card Customer Service. 
o I informed Capital One about my ongoing medical and financial hardship : {$0.00} household income and my medical XXXX ( see Appendix XXXX & XXXX ). 
o The representative described the assistance program, specifically stating that any partial payment I could afford would be acceptable and treated as a minimum payment. 
o Despite fully knowing my dire circumstances, the representative insisted that I make a partial payment that very day. I explained I had no funds and would have to ask a friend to pay on my behalf ; the representative proceeded to speak directly with my friend on the same call, took that friends payment information, and deducted {$50.00} from the friends bank account. 
This {$50.00} came from a bank account not associated with my credit card, and my friend only did this out of goodwill ( see Appendix 4 ).

I agreed to proceed solely because the representative assured me that partial payments would suffice, in place of a minimum payment, without any negative impact on my account status or credit history. 
o The representative never informed me that partial payments could be reported as delinquent. Given my vulnerability and reliance on this statement, I believed these payments would not harm my credit. 
2. XX/XX/XXXX : Follow-Up Call o I had not received any written details about this Assistance program. 
o In this follow-up call, I informed Capital One once again of my ongoing financial crisis : {$0.00} in household income and a medical XXXX. 
o However, this time the representative mentioned that the Assistance program required {$210.00} per month for the next three months, which I could not afford. 
o I reiterated that I could only manage around {$10.00}. Once again, the representative confirmed that partial payments would be acceptable and gave no warning of negative credit reporting regarding the partial payments. 
XXXX. XX/XX/XXXX & XX/XX/XXXX : On-Time Partial Payments o Trusting Capital Ones assurances, I made partial payments of {$25.00} on these exact due dates ( see Appendix XXXX ). 
o Please note that, even though I informed them I would be able to make {$10.00} payments, I felt humiliated by my inability to afford either their minimum payments or the {$210.00} payments. I borrowed money to make payments larger than {$10.00} ; in fact, I made payments of {$25.00} on the due dates. 
o At no point did any Capital One representative stated that these on-time partial payments would result in my account being marked delinquent. 
XXXX. XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX by the continued payment notifications in my emails, I called to clarify my obligations and to confirm the details of the Hardship program. 
o The representative again repeated that late fees had been removed but did not warn me that failing to pay the full minimum would be reported negatively. 
XXXX. XX/XX/XXXX : Credit Score Drop Discovery o I received a credit alert from XXXX revealing a substantial drop in my credit scores from XXXX score to XXXX due to Capital One marking my account delinquent ( see Appendix XXXX & XXXX ). 
o When I called Capital One, they dismissed my explanation of previous assurances, insisting that I was delinquent because I had not paid in full. This contradicts the equivalent partial-payment claim they repeatedly made. 
Kindly note that in all calls, the representatives accent, in addition to my XXXX XXXX made the discussions challenging ; yet, the representatives never clarified or even mentioned that partial payments would not prevent delinquency reporting. 
________________________________________ III. Applicable Laws & Violations 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. 
o Mandates accurate and fair reporting of credit information. By misleading me about the status of partial payments, then reporting delinquencies, Capital One furnished inaccurate information to credit bureaus. 
2. Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1666 et seq.

o Requires clear disclosures of billing and payment obligations. The confusion around partial payments and the absence of written program details contravene the FCBAs purpose of transparency.

3. Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691 o Prohibits discrimination in credit transactions based on factors including age or disability. Capital One exploited my advanced age, disability, and XXXX XXXXt by failing to communicate crucial details and imposing a hardship plan with unclear or contradictory guidelines.

4. XXXX  Act ( UDAAP ), 12 U.S.C. 5531, 5536 o Prohibits unfair, deceptive, or abusive acts or practices. Capital Ones assurances that partial payments would not harm my credit, followed by damaging credit reports, constitute deceptive and abusive practices, particularly against a vulnerable consumer.

________________________________________ IV. Additional Factors of Vulnerability I am hard of hearing, and Capital One representatives with strong accents used yes-or-no questions without ensuring my full understanding, leading to worsening my financial distress. 
My XXXX XXXX has significantly impaired my financial stability and I rely on borrowed funds from friends or family to meet any payment obligations. I had made Capital One aware of this situation multiple times. 
Capital One was aware I have {$0.00} household income, and that I was on XXXX and Cash Assistance by XXXX, yet I was never given a transparent written explanation of how partial payments would be reported to credit agencies. 
________________________________________ V. Damage & Impact I have consistently made payments when possible, borrowing from family or elsewhere to stay current. Despite my efforts, Capital One failed to provide clear warnings or even basic transparency. Their erroneous reporting effectively ruined my future : XXXX & XXXX Consequences : My XXXX and XXXX  were beyond my control, yet now I must contend with a negative credit report for years to come, potentially hindering my ability to secure funds or credit for essential treatment and recovery. 
Misleading Assurances : Had Capital One informed me that partial payments would be flagged as delinquent, I would have taken alternative steps, such as a payday loan, to ensure that the full minimum amount was paid. 
Irreparable Harm to Credit : My credit score dropped by approximately 100 points, and adverse remarks can remain for up to seven years, harming and undermining any financial stability I could rebuild post-recovery. 
Unfair & Unethical Treatment : It makes no sense to place a consumer in a Specialty Assistance Program if it leads to adverse credit reporting, a program purportedly designed to help vulnerable consumers should not worsen their credit. 
________________________________________ VI. Requested Resolution XXXX. XXXX Removal of Negative Credit Reporting o Capital One must delete or correct any delinquency markers tied to these partial payments and restore my credit history to its prior positive standing. 
XXXX. Written Acknowledgment & Correction o Capital One should provide a written admission confirming the removal of adverse entries and acknowledging the misinformation I received about partial payments. 
XXXX. No Further Retaliation or Negative Reports o Capital One must cease all negative reporting related to this matter and refrain from future adverse action stemming from these partial payments. 
XXXX. Formal Investigation o The CFPB and FTC should investigate Capital Ones Assistance Hardship programs to ensure no other XXXX or financially vulnerable consumers are similarly misled. 
________________________________________ XXXX. Evidence & Documentation APPENDIX XXXX - False Delinquency Reports by Capital One and the Consequent Drop in XXXX XXXX XXXX XXXX XXXX - Medical XXXX Certification Documents APPENDIX XXXX Delaware XXXX and XXXX XXXX ( DHSS ) EBT Approval Letter ( Household Income Verification : {$0.00} on page XXXX of the letter ) APPENDIX XXXX On time payments following XX/XX/XXXX conversation with Capital One Representative o {$50.00} payment in XX/XX/XXXX o {$25.00} on-time payments for XX/XX/XXXX and XX/XX/XXXX APPENDIX XXXX - 98 % On-Time Payment History and XXXX XXXX of Approximately XXXX Throughout XXXX ________________________________________ Conclusion Capital Ones contradictory and misleading communication, specifically representing partial payments as equivalent to minimum payments, directly resulted in a severe and unjust XXXX XXXX drop. Had I been properly informed that partial payments would be reported as delinquent, I would have sought alternative means ( e.g., payday loans, borrowing more money ) to meet the full minimum. Their deceptive assurances, particularly in light of my XXXX and hearing impairment, must be addressed. 
I respectfully request that your esteemed organization that stands for fairness and XXXX ensures Capital One corrects my credit report, acknowledges the errors, pay the damages, and revises its practices so no other vulnerable consumer experiences this kind of harm.

Company response to consumer: Closed with explanation