Consumer complaint received 2026-04-11 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:
COMPANY : Capital One Auto Finance XXXX XXXX XXXX, XXXX, TX XXXX | ( XXXX ) XXXX SUBJECT : Reported Bureau Balance of {$47000.00} {$47000.00} Can not Be Reconciled From Capital One 's Own Payment History ; {$13000.00} {$13000.00} Unaccounted XXXX ; {$290.00} XXXX Discrepancy ; 17 Consecutive Monthly Charge-Off Updates ; 19-21 Months of 90-Days-Late Notations ; Failure to Provide Complete Post-XXXX XXXX Accounting Willful Noncompliance Under 15 U.S.C. 1681n I. SUMMARY OF COMPLAINT I am filing this complaint against Capital One Auto Finance for furnishing materially inaccurate and unverifiable information to all three consumer reporting agencies and for failing to provide complete documentation that would allow me to verify the accuracy of the balances being reported. On XX/XX/XXXX, Capital One Auto Finance provided a payment history in response to my documentation request. That payment history : ( 1 ) shows a principal balance of {$34000.00} on Capital One 's own statement ; ( 2 ) ends abruptly at XX/XX/XXXX with no further transaction accounting provided ; and ( 3 ) can not be reconciled with the balances Capital One is reporting to the credit bureaus {$47000.00} ( XXXX and XXXX ) and {$47000.00} ( XXXX ). The gap between Capital One 's own statement balance and its bureau reporting is {$13000.00} to {$13000.00}, and Capital One has provided no itemized accounting of the charges, interest, fees, or costs that account for this difference. Reporting a balance that can not be verified from the furnisher 's own documentation violates the maximum possible accuracy standard of 15 U.S.C. 1681e ( b ). Combined with 17 consecutive monthly charge-off updates, 19-21 months of 90-days-late notations, a {$290.00} XXXX discrepancy, missing Date of First Delinquency, and a prior dispute record on all three bureaus, Capital One Auto Finance 's conduct constitutes willful noncompliance under 15 U.S.C. 1681n. II. KEY ACCOUNT AND DOCUMENTATION FACTS Account number : XXXX | Vehicle : XXXX XXXX XXXX | XXXX : XXXX Joint account : XXXX I XXXX and XXXX XXXX XXXX XXXX Account opened : XX/XX/XXXX | Terms : 80 months On XX/XX/XXXX, Capital One Auto Finance provided a payment history document in response to my request. The cover letter states : 'Balance : the principal balance following the transaction, which is not a payoff. ' The statement shows a principal balance of {$34000.00}. The payment history provided covers transactions from account opening through XX/XX/XXXX only. No transactions or accounting are provided after XX/XX/XXXX. Last transaction in the history provided : XX/XX/XXXX XXXX time ACH payment of - {$780.00}. Capital One Auto Finance reports to the credit bureaus : XXXX {$47000.00} | XXXX {$47000.00} | XXXX {$47000.00}. Gap between Capital One 's own statement balance ( {$34000.00} ) and bureau reporting : {$13000.00} ( XXXX ) to {$13000.00} ( XXXX ) unaccounted for by any documentation provided. XXXX discrepancy : XXXX reports {$47000.00} vs. XXXX and XXXX reporting {$47000.00} a {$290.00} difference from the same furnisher to different bureaus simultaneously. No post-XXXX XXXX accounting provided : no interest accrual schedule, no late fee schedule, no default-related cost itemization, no deficiency balance calculation. III. SPECIFIC VIOLATIONS A. Reported Balance Can not Be Reconciled From Capital One 's Own Documentation Primary FCRA Violation Capital One Auto Finance 's own payment history provided by Capital One itself on XX/XX/XXXX shows a principal balance of {$34000.00}. Capital One simultaneously reports {$47000.00} to XXXX and XXXX, and {$47000.00} to XXXX. The difference between Capital One 's own documentation and its bureau reporting is {$13000.00} to {$13000.00}. Capital One has provided no accounting no itemized interest accrual schedule, no late fee schedule, no default cost breakdown, no repossession cost itemization that would explain how the principal balance of {$34000.00} became the reported bureau balance of {$47000.00} or {$47000.00}. The payment history Capital One provided ends at XX/XX/XXXX. There is no documentation of any transaction, charge, fee, or accrual from XX/XX/XXXX forward that would account for the {$13000.00} {$13000.00} XXXX. Under 15 U.S.C. 1681e ( b ), a furnisher must report only information it can verify as accurate and complete. Capital One can not verify the accuracy of its reported balance from its own documentation because the documentation it provided does not account for the reported amount. Reporting a balance that exceeds what can be verified by the furnisher 's own records is materially misleading and constitutes a violation of the maximum possible accuracy standard. B. Incomplete Payment History Provided in Response to Documentation Request Capital One 's XX/XX/XXXX payment history ends at XX/XX/XXXX nearly three years before the date of the document. The account has been in charge-off status and the vehicle remains unreposssed. Capital One is legally obligated to maintain and provide a complete accounting of all charges accruing on this account, including post-charge-off interest, late fees, and any collection or repossession attempt costs. The provision of a payment history that stops in XX/XX/XXXX while reporting a current balance of {$47000.00} {$47000.00} in XX/XX/XXXX is not a complete response to a documentation request and does not enable verification of the reported balance. C. {$290.00} XXXX Balance Discrepancy Independent Violation Capital One Auto Finance simultaneously reports {$47000.00} to XXXX and {$47000.00} to XXXX and XXXX a {$290.00} difference for the same account. The same furnisher can not report two different balances for the same account to different bureaus at the same time and meet the maximum possible accuracy standard of 15 U.S.C. 1681e ( b ). At least one of these figures is inaccurate by definition. This XXXX inconsistency constitutes an additional independent violation. D. 17 Consecutive Monthly Charge-Off Updates Prohibited Re-Aging ( 34 Violations, {$3400.00} {$34000.00} ) XXXX and XXXX each show Capital One reporting a charge-off ( CO ) notation for 17 months within the 2-year payment history including every single month of XXXX ( 12 consecutive months ) plus 5 additional months in XXXX. Once an account is charged off, the reporting status must be static under XXXX standards. Each monthly update is a separate, independently actionable willful violation under 15 U.S.C. 1681n. Total across both bureaus : 34 violations. Statutory exposure : {$3400.00} to {$34000.00}. E. 19-21 Months of 90-Days-Late Notations 40 Additional Violations ( {$4000.00} {$40000.00} ) XXXX lists 90-days-late notations for 19 individual months ( XX/XX/XXXX through XX/XX/XXXX ). XXXX lists 90-days-late notations for 21 individual months ( XX/XX/XXXX through XX/XX/XXXX ). Each constitutes a separate independently actionable violation under 15 U.S.C. 1681n. Total : 40 violations. Statutory exposure : {$4000.00} to {$40000.00}. F. XXXX Internally Inconsistent Reporting ( 1+ Violation ) XXXX shows 'Charged off as bad debt ' payment status while simultaneously showing NR ( not reporting ) for every single monthly payment history entry. This internal inconsistency can not meet the maximum possible accuracy standard under 15 U.S.C. 1681e ( b ). G. Missing Date of First Delinquency on All Three Bureaus ( 3 Violations, {$300.00} {$3000.00} ) No Date of First Delinquency is reported by any of the three bureaus. This required XXXX field is essential to verify that this account falls within the permissible 7-year reporting window under 15 U.S.C. 1681c. Its absence constitutes 3 additional violations. H. Prior Disputes Resolved Against Consumer on All Three Bureaus Willful Noncompliance All three bureaus carry 'Account Previously In Dispute Now Resolved Reported By Subscriber. ' Capital One previously had disputes investigated and upheld its reporting against me on every bureau including the unverifiable balance without providing the complete accounting that would justify the reported amounts. Additionally, in response to CFPB Complaint No. XXXX filed against XXXX, XXXX reported Capital One Auto Finance as 'Verified as Reported ' through automated e-OSCAR processing without requesting or reviewing any supporting documentation. This means Capital One confirmed its reporting to XXXX 's e-OSCAR system without providing the complete XXXX XXXX accounting that would allow the balance to be verified. Continued reporting of an unverifiable balance after prior disputes, confirmed through automated e-OSCAR without documentation, constitutes willful noncompliance under 15 U.S.C. 1681n. IV. SUMMARY OF PENALTY EXPOSURE Unverifiable balance capital One 's own docs show {$34000.00} ; bureaus show {$47000.00} {$47000.00} ( XXXX violations ) : {$300.00} $ XXXX XXXX {$290.00} discrepancy ( XXXX violation ) : {$100.00} {$1000.00} Consecutive CO re-aging 34 violations across XXXX and XXXX : {$3400.00} {$34000.00} 90-days-late notations 40 violations across XXXX and XXXX : {$4000.00} {$40000.00} XXXX internal inconsistency ( 1+ violation ) : {$100.00} {$1000.00} Missing DOFD 3 bureaus ( 3 violations ) : {$300.00} {$3000.00} Total documented violations : 82+ | Total statutory exposure : {$8200.00} $ XXXX Actual damages : Substantial a $ XXXX misreported auto loan balance materially impacts mortgage qualification, vehicle financing, and major credit decisions. The gap between the verified balance and reported balance ( {$13000.00} {$13000.00} ) represents a material overstatement of debt that has real financial consequences. Punitive damages and attorney fees under 15 U.S.C. 1681n ( a ) V. RELIEF REQUESTED 1. Provide a complete and itemized accounting of all charges, interest accruals, late fees, and any other costs applied to this account from XX/XX/XXXX through the present explaining in full how the principal balance of {$34000.00} shown on Capital One 's own XX/XX/XXXX statement became the reported bureau balance of {$47000.00} {$47000.00}. 2. Reconcile the {$290.00} discrepancy between XXXX reporting ( {$47000.00} ) and XXXX reporting XXXX {$47000.00} ) and correct whichever figure is inaccurate. 3. Report a verified, accurate, and fully documented balance to all three bureaus or, if the reported balance can not be verified from Capital One 's own records, immediately instruct all consumer reporting agencies to delete this tradeline. 4. Cease all monthly charge-off and delinquency updates immediately report only a static charge-off status. 5. Report the Date of First Delinquency to all three bureaus. 6. Correct XXXX reporting to reflect a consistent, accurate static charge-off status supported by payment history. 7. Restitution for actual damages caused by Capital One 's reporting of an unverifiable balance including credit score suppression, any mortgage or financing denials or unfavorable terms attributable to the $ XXXX reported balance, and all costs incurred pursuing correction. 8. Assessment of civil money penalties for willful noncompliance under 15 U.S.C. 1681n, commensurate with 82+ documented violations and the pattern of upholding unverifiable reporting through automated e-OSCAR without documentation. 9. Enforcement action as appropriate under 15 U.S.C. 1681s. VI. SUPPORTING DOCUMENTS ATTACHED Capital One Auto Finance payment history letter dated XX/XX/XXXX ( showing principal balance of {$34000.00} and transaction history ending XX/XX/XXXX ) myFICO 3-Bureau Credit Reports XXXX XX/XX/XXXX and XX/XX/XXXX ) showing bureau balances of {$47000.00} {$47000.00}, 17 consecutive CO updates , 19-21 months of 90-days-late notations, missing DOFD, and prior dispute notations CFPB Complaint No. XXXX and XXXX 's XX/XX/XXXX response confirming Capital One was 'Verified as Reported ' through automated e-OSCAR I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge. Respectfully submitted,

Company response to consumer: Closed with explanation