Consumer complaint received 2025-09-18 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: PA

Complaint narrative:
NOTICE OF INTENT TO SUE From : XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX To : XXXX XXXX XXXX  [ XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] Date : XX/XX/XXXX Re : Account No. [ Insert Account Number ] Fraudulent and Inaccurate Reporting -- - Dear XXXX XXXX Bank, This correspondence serves as my Notice of Intent to Sue pursuant to my rights under the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), the Uniform Commercial Code ( UCC ), and applicable federal case law. 

I have previously notified you that the above-referenced account has been paid in full and that your continued reporting of derogatory or false informationincluding but not limited to a repossession, delinquency, or charge-offis fraudulent and unlawful. 

As the secured party creditor with a valid UCC-1 Financing Statement filed against the ALL CAPS entity, I retain superior interest and authority to dispute and demand removal of any unlawful claims against my name and estate. By continuing to report false information, XXXX XXXX XXXX is engaging in willful misconduct under the color of law, subjecting itself to liability. 

LEGAL BASIS & CASE LAW SUPPORT XXXX. Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ) prohibits furnishers from reporting information they know or should know is inaccurate. 


XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) Credit reporting agencies and furnishers have a duty to maintain reasonable procedures to assure maximum possible accuracy. 


XXXX. XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) Furnishers who fail to conduct proper investigations of disputed information can be held liable for damages. 


XXXX. XXXX v. XXXX  XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) Continued reporting of inaccurate information after notice constitutes willful noncompliance. 


XXXX. XXXX v. XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) Banks that report false information may be liable for defamation and violation of consumer protection laws. 




-- - DEMAND You are hereby given XXXX ( XXXX ) days from receipt of this Notice to : XXXX. Delete all inaccurate, derogatory, and fraudulent information you have furnished to any consumer reporting agency regarding Account No. [ Insert Account Number ]. 


XXXX. Provide written confirmation of deletion and correction to me, as well as notification to XXXX, XXXX, and XXXX. 


XXXX. Cease and desist from any further unlawful reporting or collection activity related to this account. 



Failure to comply within the specified time will result in my immediate initiation of a civil lawsuit against XXXX XXXX XXXX seeking all available remedies, including but not limited to : Statutory damages under the FCRA Actual damages, including financial loss and emotional distress Punitive damages for willful violations Court costs and attorneys fees -- - I intend to pursue all available legal remedies to protect my rights, my name, and my credit standing. This Notice is issued in good faith with an opportunity for you to cure your violations before litigation proceeds. 


-- - Respectfully, -- - XXXX XXXX Secured Party Creditor UCC 1-308, All Rights Reserved 28 U.S.C. 1746 Declaration : I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 

Executed on XX/XX/XXXX -- - XXXX XXXX, natural person

Company response to consumer: Closed with explanation