• Report: #697597

Complaint Review: Capital One Bank & Experian

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  • Submitted: Sat, February 19, 2011
  • Updated: Fri, July 01, 2011

  • Reported By: Creditor Nightmare — painesville Ohio United States of America
Capital One Bank & Experian
Internet United States of America

Capital One Bank & Experian Fraud, deceptive trade practices,Fair Credit reporting Act and Consumer Protection Act violations, Internet

*Consumer Comment: moron comments left by last guy

*Consumer Comment: MUCH more to the "story" here!

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 I need an attorney in Ohio. Capital One defrauded me. My balance was near the limit but not over. I called to make my minimum payment on time after a longterm perfect history and was told that a transaction put my account over the limit and instead of my $25 minimum payment that a minimum payment of $135 aprox. had to be made or my account would be sent to collections. I asked them on the phone(due date) which transaction put the account over the limit.

 They said it was a transaction in the previous month on a given day. While on the phone, I  confirmed that the transaction was in fact made the day prior to when they alleged after  my last payment was made and proved that the alleged transaction was after my last payment was made not the day before. I offered the numbers off the receipt to confirm the date of the transaction and they told me that I must make the min payment of $135 the dispute the debt in writing and wait up to 60 days for a refund to the card. They forced me into default.

 Within 1 day of missing my payment they blocked access to my web account so I could not  gather more evidence of the transaction to get a more timely result. They then rerouted my calls to a collection agency that refused to allow me to speak with the original creditor until  I paid the 3rd party co. the minimum payment of $135. All this within 24 hours of missing a payment. They refused my minimum payment of $25 which would have kept my account out of default. They used a similar stunt to put me over the limit earlier in the year by falsely claiming a transaction put me over the limit. That is how they jacked me to a default interest rate.

They refunded the over the limit fee for their error but never put me back to the standard interest rate. I recently disputed it with Experian and they unlawfully refreshed their charge off date from OCT of 2010 to Jan 2011 and added more charges on the bill for the months between the original charge off date and the ficticous new one. Report Shows both 10/10 and 1/11 as the charge off date. Experian neglected to identify their flawes and updated the account with 2 chargeoff dates from 2 different years and 5 months of fees that shoul dhave stopped at chargeoff.

 So much for Experian verification. They also failed to report the account was in dispute on the updated report even though they were responding to the credit bureau for the dispute. They did post that a grantor request was reported by subscriber.(Request for accounting to prove violations) but they still have not sent me a summary of charges that itemize their fraud after several requests. I requested validation and they simply sent me a new bill as if the account was still open and accruing interest. Someone help me with these scumbags. They have violated every state and federal law governing my activity with them. OCSPA, Truth In Lending act, Fair Credit reporting Act and god knows what else. They are true criminals. They have gained access to my credit report without a permissible purpose more times than I can count.  Let's crush these criminals!

This report was posted on Ripoff Report on 02/19/2011 08:18 PM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-One-Bank-Experian/internet/Capital-One-Bank-Experian-Fraud-deceptive-trade-practicesFair-Credit-reporting-Act-an-697597. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

moron comments left by last guy

AUTHOR: Nightmarefordefrauders - (U.S.A.)

Capital one manufactures defaults out of the clear blue sky. They simply say you went over your limit butwont prove it to you. If you dispute it, they misreport you as in default before you legally are than charge the accounts off prematurely to hid their TILA violations. They fail to provide accounting, (retention of records), charge usurious interest , invade privacy, file baseless complaints and dupe people into bankrupcy by sueing them for 3 times what they owe by law.
 they violate fcra, fail to report accounts as in dispute to try and meet the elements of account stated by misrepresenting the customer assents to the balance.  They are the absolute worst ever. You think because you never had a problem so they must be ok. Well see in the end dumb ass.
 If you don't know Truth in lending or revised code usury laws, dont open your mouth.
 Otherwise you'd know capital one was taking your ass but you sit there and smile like a
 corky while they rob you.
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#2 Consumer Comment

MUCH more to the "story" here!

AUTHOR: Steve - (U.S.A.)

Your report is missing alot of pertinent information. For example your story goes right from being 1 day late to charge off!
What happened in the 6-7 months in between?? WHY did the account go to charge off?

Even if they closed your account, you coulod have still paid it off, right?? And, your not really in "default" for purposes of credit reporting until you are more than 30 days late. And, the fact that you were making only minimum payments indicates you were already in financial trouble.

As well as the fact that you were so close to your credit limit. That is another indicator of being in financial trouble. If you would have just made the $135 payment when they requested it, everything would have been ok. Guaranteed. I deal with Capital One and have never had a problem.

And, Capital One, and most other banks use in house collectors until the account gets charged off, then it goes to third party collectors. But, this is only after it is in default for a full 6 months.

YOU put yourself in default. Not the bank.

No rip off here. Just poor financial management.
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