Consumer complaint received 2025-06-07 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: OH

Complaint narrative:
I am submitting this formal complaint regarding Capital One Auto Finance and requesting your direct intervention to remove an inaccurately reported auto loan account from my credit report. Capital One is reporting false and damaging information after I voluntarily surrendered my vehicle due to persistent mechanical issues that rendered it inoperable and not worth repair. 

Background : The vehicle in question was voluntarily surrendered to Capital One after I notified them that the cost of required repairs exceeded the vehicles value and I could no longer operate it safely. Despite this surrender, Capital One has continued to report the account as delinquent and open, including at least one late payment, which occurred after the vehicle had already been returned. 

This reporting is not only misleading it is factually inaccurate and in violation of several federal laws and consumer protections. Capital One has also failed to close the account, update the balance accurately, or indicate the correct account status. 



Violations Involved : 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : Furnishers of credit information must report only accurate data to consumer reporting agencies. Reporting a late payment after vehicle surrender and failing to update the account status violates this requirement. 

2. FCRA 15 U.S.C. 1681s-2 ( b ) : After I notified Capital One and disputed the information, they were required to investigate and correct any inaccuracies. They failed to do so. Instead, they updated the comment to say voluntary surrender but left the delinquent status, which is contradictory. 

3. FCRA 15 U.S.C. 1681i ( a ) : Under this provision, the credit bureaus and furnishers must correct or delete any item of information found to be inaccurate or unverifiable within 30 days. That has not occurred despite my dispute. 

4. Truth in Lending Act ( TILA ) 15 U.S.C. 1635 & 12 CFR 1026.23 : As part of my original financing agreement, I was not properly advised of my rights regarding voluntary surrender or my protections following mechanical failure and the involuntary inability to continue operating the vehicle. 

5. Ohio Consumer Sales Practices Act ( OCSPA ), Ohio Rev. Code 1345.02 : Capital Ones failure to report honestly and clearly reflects an unfair and deceptive practice under Ohio law, particularly as the car was defective and unusable at the time of return. They have also failed to provide a clear, itemized explanation of any supposed balance owed or deficiency. 



What I Am Requesting : Immediate removal of this Capital One account from all three major credit bureaus ( Experian, Equifax, TransUnion ) ; Correction of all inaccuracies related to the account, including removal of the late payment and any derogatory marks ; Investigation into Capital Ones reporting practices as they relate to voluntary surrenders and mechanical default. 

This negative mark is not only damaging my credit but also unjustly penalizing me for returning a vehicle that had failed due to no fault of my own. 

Please confirm receipt of this complaint and advise when an investigation has been initiated. I am including documentation to support my claims, including evidence of the vehicles mechanical failure, return correspondence, and my credit report showing the ongoing inaccuracies.

Company response to consumer: Closed with explanation