Consumer complaint received 2025-01-06 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: GA

Complaint narrative:
Subject : Notice of Dispute, Request for Late Payment Removal, Cease and Desist, and Arbitration Agreement Dear Sir/Madam, I am writing to formally dispute the reporting of late payments associated with my Capital One account, Account Number : XXXX, which was opened on XX/XX/XXXXXXXX XXXX XXXX This dispute is made pursuant to 15 U.S.C. 1666b, which provides protections for consumers regarding the timely posting of payments. I am also invoking my rights under 15 U.S.C. 1692c to issue a cease-and-desist request regarding the continued reporting of these late payments to my credit report, as my credit report constitutes a form of communication under the Fair Debt Collection Practices Act ( FDCPA ). Additionally, I demand the production of all accounting and ledgers to substantiate the alleged late payments, as billing statements alone do not constitute proof of a debt. 

Upon reviewing my credit report, I firmly believe that the late payment entries in question do not accurately reflect my payment history with Capital One. The late payments have caused undue financial hardship and emotional distress, and I urge you to investigate and rectify this matter promptly. 

Legal Basis for Dispute Under 15 U.S.C. 1666b, a creditor must ensure that payments are credited as of the date of receipt. Failure to do so can result in inaccurate reporting. In addition, relevant case law, such as XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ), underscores the importance of accurate and fair reporting practices. Furthermore, under XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court emphasized the consumers right to be free from improper communications, supporting my cease-and-desist request. 

Arbitration Agreement Per the arbitration agreement in effect, should this matter remain unresolved, I reserve the right to file arbitration against Capital One. As you are aware, arbitration costs can be significant, with the filing fee alone often exceeding {$1500.00}. Should arbitration be initiated, Capital One will also be responsible for additional administrative and hearing fees, as well as potential attorneys fees and damages. I encourage you to consider the cost implications of arbitration versus resolving this matter amicably by removing the disputed late payments from my credit report. 

Request for Immediate Action In accordance with these legal principles, I respectfully request that Capital One take the following actions : Conduct a thorough review of the account history to verify the accuracy of the reported late payments. 

Remove any late payment records that can not be verified or were inaccurately reported from my credit report. 

Provide all accounting and ledgers, as billing statements alone are insufficient proof of debt or payment history. 

Cease and desist all further reporting of these late payments to credit reporting agencies. This request is made under 15 U.S.C. 1692c, as the continued reporting of these items constitutes an improper communication and perpetuates harm to my creditworthiness. 

Ensure that all future correspondence regarding this matter is conducted through email for security purposes, given the prevalence of fraud in this day and age. 

Mail all documents proving the alleged late payments, including accounting and ledgers, to the following XXXXXXXX XXXX XXXX XXXX XXXX, XXXX, GA XXXXXXXX XXXX XXXX. 

Cease and Desist Notice This letter serves as formal notice that you must immediately cease and desist from reporting these late payments to any credit reporting agency. Failure to comply with this request may result in further action, including but not limited to filing complaints with regulatory agencies or pursuing legal remedies. 

Supporting Documentation I have attached relevant documentation to support my dispute and request for removal. If you require additional information or have further questions, please contact me at XXXX. 

Thank you for your attention to this matter. I trust that Capital One will act in accordance with its obligations under federal law and respond within the timeframe stipulated by the Fair Credit Reporting Act ( FCRA ). 

Sincerely, XXXX XXXX Email : XXXX XXXX

Company response to consumer: Closed with non-monetary relief