Consumer complaint received 2025-03-14 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
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: TX

Complaint narrative:
I am submitting a formal complaint against Capital One Auto Finance, as well as the three major credit reporting agencies ( XXXX, XXXX, and XXXX ), for failing to remove inaccurate and unverifiable information from my credit report in violation of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). 

Background of the Dispute : On [ XX/XX/year> ], I sent a formal dispute letter to XXXX, XXXX, and XXXX regarding an inaccurately reported repossession on my credit report for Capital One Auto Finance Account. The vehicle in question was involved in a motor vehicle accident, ruled a total loss, and I was released from financial responsibility. Despite this, Capital One continues to report the account as a charge-off/repossession, and the credit bureaus have failed to correct this false information. 

Violations Committed : 1. Failure to Conduct a Proper Investigation FCRA 611 Under the FCRA, credit bureaus are required to investigate disputes and verify the accuracy of reported information within 30 days. If the furnisher ( Capital One ) can not provide verifiable proof that the debt remains valid post-total loss, the negative item must be removed. 
The bureaus have failed to provide validation or a reasonable explanation for continuing to report this inaccurate information. 
2. Unverifiable Reporting FCRA 609 I requested full validation of the debt, including proof that the balance is legally owed despite the total loss ruling. No sufficient documentation has been provided, yet the bureaus continue to allow Capital One to report inaccurate data.

3. Attempted Collection on an Invalid Debt FDCPA 1692e If Capital One or any third-party agency is attempting to collect on a debt that was discharged due to a total loss, this constitutes fraudulent and misleading collection practices under the FDCPA.

4. Willful and Negligent Noncompliance FCRA 616 & 617 Both the credit bureaus and Capital One have willfully ignored federal consumer protection laws by failing to remove a clearly invalid account, subjecting me to financial harm through lower credit scores and unfair collection attempts. 

Legal Precedent Supporting My Case : In XXXX XXXX XXXX ( XXXX XXXX XXXX, Case No. XXXX ), the plaintiff successfully had a repossession removed after proving that the vehicle was totaled, and no further balance was legally owed. The court ruled that continued reporting of the account violated the FCRA, setting a precedent for cases like mine. 

Requested Resolution : I am requesting immediate intervention to ensure the following corrective actions are taken : 1. Permanent removal of the inaccurate repossession from my credit report with all three credit bureaus.

2. A formal response from Capital One and the credit bureaus acknowledging their failure to comply with FCRA and FDCPA regulations.

3. Investigation into Capital Ones unlawful collection practices regarding accounts that should have been discharged after a total loss.

If corrective action is not taken within 15 days, I will escalate this matter further through civil litigation under the FCRA and FDCPA, where damages for willful noncompliance can result in fines and punitive compensation. 

I expect a prompt response to this matter. Please send all correspondence regarding this complaint to my mailing address listed above. 

Sincerely, [ XXXX XXXX ]

Company response to consumer: Closed with explanation