Consumer complaint received 2024-12-18 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
This letter serves as a formal Notice of Dispute under the Fair Credit Reporting Act ( FCRA ) and relevant federal laws, specifically 15 U.S.C. 1635 ( a ), 15 U.S.C. 1605, and 15 U.S.C. 1692c ( c ). I am disputing the reporting of an auto loan on my consumer report and demanding immediate corrective action. The loan in question has been inaccurately and unlawfully reported, as detailed below. Violation of 15 U.S.C. 1635 ( a ) Right of Rescission Under the Truth in Lending Act ( TILA ), 15 U.S.C. 1635 ( a ), I have the right to rescind certain credit transactions that involve a security interest in my primary residence. While this specific loan may not pertain to real estate, the broader principles of XXXX emphasize the importance of full disclosure and accurate computation of the finance charge. If the terms of the loan were not properly disclosed, including the finance charge ( defined under 15 U.S.C. 1605 ), or if material errors occurred, this loan should be deemed rescindable. I reserve the right to invoke rescission should further investigation reveal grounds under XXXX. Violation of 15 U.S.C. 1605 XXXX XXXX of XXXX Charges Under TILA, 15 U.S.C. 1605 defines the finance charge as the cost of consumer credit expressed as a dollar amount, which includes interest, fees, service charges, and other costs imposed by the creditor. If any portion of the finance charge was not disclosed or improperly calculated, the entire loan may be in violation of XXXX. I demand a full and transparent breakdown of all finance charges associated with this loan to determine compliance with TILA. Failure to provide an accurate and lawful disclosure of the finance charge constitutes a material violation, entitling me to further remedies, including rescission. Violation of 15 U.S.C. 1692c ( c ) Cease Communication Request Additionally, under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), I am requesting that you cease all communication with me regarding this loan, except for purposes explicitly permitted under the FDCPA. This includes providing verification of the debt or correcting inaccurate information on my consumer report. Any further attempts to collect or communicate regarding this account without compliance with my dispute and validation request will be considered a violation of federal law. 
Action Required To resolve this matter, I am requesting the following : XXXX. XXXX Removal : Remove the auto loan from my consumer report, as it is inaccurate and/or unlawfully reported. 
XXXX. XXXX of XXXX : Provide a detailed breakdown of the loan terms, finance charges, and all other related fees as required under XXXX. 
XXXX. Acknowledgment of XXXX Rights : Acknowledge my rights under XXXX and provide documentation to confirm compliance with all disclosure requirements. 
XXXX. Confirmation of XXXX XXXX : Acknowledge my request under 15 U.S.C. 1692c ( c ) and cease further contact regarding this matter unless otherwise legally required. 
Failure to address this dispute and correct the inaccurate reporting of this auto loan will leave me no choice but to escalate the matter. I am prepared to file complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and other relevant agencies. Furthermore, I reserve the right to pursue legal action under TILA and the FDCPA, which provide for statutory damages, attorney fees, and other remedies. Please provide a written response within XXXX  days of receipt of this letter confirming the actions taken to resolve this matter. Thank you for your prompt attention to this urgent matter. 
Sincerely, [ XXXX XXXX XXXX XXXX XXXX Without Prejudice

Company response to consumer: Closed with explanation