Consumer complaint received 2025-08-29 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Privacy issues
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
This is not a duplicate account ; this is a new dispute. 


XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX Certified Mail Return Receipt Requested Capital One, N.A. 
Attn : Credit Card Disputes XXXX. XXXX XXXX XXXX XXXX XXXX, UT XXXX Re : Formal Dispute of Accounts Ending XXXX & XXXX NOTICE OF FORMAL DISPUTE AND DEMAND FOR DELETION This letter serves as a formal dispute under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i & 1681s-2, the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, and applicable IRS regulations regarding Form 1099-C Cancellation of Debt. 

BACKGROUND Account ending XXXX : Capital One admits it was charged off on XX/XX/XXXX, with a first date of delinquency of XX/XX/XXXX. You continue to report it as a charge-off with a balance, despite also stating it is in cease and desist status. 

Account ending XXXX : Capital One confirms this account was sold to XXXX XXXX XXXXXXXX on XX/XX/XXXX. You no longer own this account, yet reporting activity remains inconsistent. 

FTC Report XXXX XXXXXXXX documents that Capital One sold the debt to XXXX XXXX XXXX XXXX and that misrepresentation and fraud were alleged. 

ISSUES & VIOLATIONS Ownership of the Accounts Does Capital One currently own either account? If not, why are balances still being reported?

Under FCRA 623 ( a ) ( 1 ) ( A ), only accurate ownership status may be furnished.

Charge-Off Balance & Accruing Interest Once an account is charged off and either sold or forgiven via 1099-C, it can not continue to report with interest or an accruing balance.

IRS Reg. 1.6050P-1 : A 1099-C constitutes cancellation of debt ; reporting a balance afterward is unlawful double recovery.

First Date of Delinquency ( DOFD ) For 2880, DOFD is XX/XX/XXXX. Under FCRA 605 ( c ) ( 1 ), all reporting must reflect that date for time-limit accuracy.

Please confirm the DOFD for 5599. 

XXXX Balance Requirement If the account was sold ( 5599 ), Capital Ones balance must be {$0.00}.

If a 1099-C was issued, balances must be {$0.00}.

Fraudulent / Misleading Reporting Continued reporting of balances post-sale or post-1099-C violates 15 U.S.C. 1692e ( false representations ) and FCRA 623 ( a ) ( 1 ) ( A ).

The law also prohibits re-aging or daily updating of charge-off tradelines to appear current.

DEMAND FOR DELETION I hereby demand that Capital One : Delete both accounts ( XXXX & XXXX ) from XXXX XXXX XXXX XXXX 

Provide a written statement addressing : Does Capital One still own these accounts?

Why are balances showing on charge-off accounts?

Has a 1099-C been issued for either account, and if so, when?

Why is interest continued to be added post-charge-off?

Provide a copy of any bill of sale, assignment, or transfer agreements if the accounts were sold.

FTC & CFPB COMPLAINTS ON FILE FTC Report XXXX XXXXXXXX ( filed XX/XX/XXXX ) documents Capital Ones sale of debts and misrepresentations. 

CFPB Case XXXX XXXXXXXX confirms the sale of account XXXX to XXXX. 

You are now on notice that continued misreporting will be treated as willful violations of the FCRA and FDCPA, and further action will be taken with the CFPB, FTC, OCC, and IRS.

RESERVATION OF RIGHTS This is not a refusal to pay but a lawful dispute. I reserve all rights under 15 U.S.C. 1681n, 1681o, and 1692k to pursue damages in federal court. 

Respectfully, XXXX XXXX XXXX

Company response to consumer: Closed with explanation