Consumer complaint received 2025-11-19 00:00:00
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Problem with a company's investigation into an existing issue — Problem with personal statement of dispute
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ

Complaint narrative:
Recently, a complaint against Capitalone bank/Walmart as to alleged account thats listed closed, and or I was a customer of theres was filed against them on XX/XX/XXXX. CFPB complaint # XXXX. 

This complaint was filed against Capitalone one bank/Walmart as to a pending petition of bankruptcy, filed on XX/XX/XXXX. 

Being listed on my credit report as a possible creditor, who Ive been filing complaints against in the past as the alleged account # XXXX as Walmart/Capitalone creditor was already paid in a prior customer agreement, payment plan, which I completed and the original creditor, Synchrony bank was to issue a XXXX form, eventually sold this closed account and its customer assistance program I was in to now Capitalone bank/Walmart . Although Ive filed several complaints with the CFPB, Federal Trade Commission and the XXXX Fair Debt Collection XXXX of both state and government, I eventually had to file bankruptcy directly related to being injured in the line of duty over XXXX years ago and unable to handle these issues directly related to ongoing health issues. 

The petition for bankruptcy was filed on XX/XX/XXXX and all creditors, including Capitalone/Walmart were notified of such electronically on said date and of the automatic stay. The automatic stay specifically reads to creditors by my attorney, You are hereby reminded that the filing of bankruptcy petition triggers an automatic stay, pursuant to 11 USC ; 362. This stay prohibits any and all collection activities, including but not limited to : initiating or continuing any legal action against the debtor, Enforcing any judgments or liens, contacting the debtor, pursuing garnishments or repossessions. This automatic stay also strongly informs any creditors that any violation of the automatic stay may result in sanctions, including damages, attorney fees and contempt of court.

In this most recent complaint, i noticed that Capitalone/ Walmart ran a soft credit inquiry of my credit on XXXX ( XXXX ) separate occasions, XXXX on XX/XX/XXXX as seen in attached and creditwise/capitalone then on XX/XX/XXXX, again XXXX XXXX days later as seen in attached, seen as creditwise/capitalone and finally on XX/XX/XXXX directly by Capitalone themselves again just XXXX XXXX days after. 

This is a direct violation of my consumer rights protection as per the XXXX Fair Debt Collection Practices act ( 15 USC 1692c ). 

After filing an official petition of protection of bankruptcy on XX/XX/XXXX which the automatic stay is in place, then such notice is electronically sent and received by Capitalone on such date, no further action by Capitalone should have been made. Per XXXX law, under the consumer protection laws but more specifically the automatic stay, Capitalone has absolutely no legal right to run a soft credit inquiry or soft pull of my personal credit report, which they have no legal authority to do. This extends to agents or agencies that work or provide this information as well such as creditwise that Capitalone uses on their credit cards and accounts. Once a debtor / client or alleged account is affected by the automatic stay and is no longer a customer/client or debtor, the creditor has absolutely no authority, legal reasoning or rights to run a soft credit pull or have agents of their company do so as well. 

In this response letter by Capitalone, dated XX/XX/XXXX and was received by me through the CFPB portal as well as Capitalone sending a copy to my attorney, as though this somehow releases Capitalone from such liability is unfortunate inaccurate and misleading.

Im filing this complaint directly to the language in this letter, response of capitalone that reads in the XXXX paragraph, they mention cease and desist notification but even with such notice to capitalone, they state However, we will still send your client any communication required by applicable law, their customer agreement, or in response to request for information or to concerns your client raised about their account. 

This complaint should be received as a final warning to not communicate with me in any way as per the bankruptcy filing so mentioned above, and that Capitalone should not violate the automatic stay as they have been fully informed of. Further clarification that Im represented by council and such violations would be immediately reported to my council as well as the court of any violations of my rights under the automatic stay and would face possible contempt of court proceedings and penalties so stated. 

This original complaint has to do with Capitalone illegally, with cause or justification, either by themselves or an agent of their company, creditwise is unlawful to pull a soft inquiry of my personal credit report. I have no business with Capitalone /Walmart XXXX bankruptcy filing has been established and the automatic stay was legally filed, ie XX/XX/XXXX and creditor was officially notified, has no legal right to obtain any credit information about me.

Company response to consumer: Closed with explanation