Report: #1351464

Complaint Review: Capital One N. A.

  • Submitted: Mon, January 23, 2017
  • Updated: Mon, January 23, 2017
  • Reported By: Former happy customer — Sunrise Florida USA
  • Capital One N. A.

  • Phone: 877-535-1212
  • Web:
  • Category: Loans

Capital One N. A. Violations of the Fair Credit Reporting Act Eagan minnesota

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I am, and have been a current customer of Capital One, formerly Chevy Chase.  I have paid my mortgage with them on time for 10 (ten) years without a single late payment. Not one. I had gone thru a bankruptcy 6 1/2 years ago resulting from a business that went out of business. I did not include them in it, and retained my home.  Discharged and for the last 7 years all was fine.

However, in October of 2016, unbenownst to me, they reported to the credit bureaus that my account was settled, and zero balance.  I was unaware of this, as they never contacted me about any change.  It was not until December that I did notice this when I was in the process of applying for credit and the purchase of a vehicle.  

I notified them by phone, and they reiterated what I already knew. That my account was open, active and current.  they said they would correct the error within the next couple weeks.  That put the timeline at the holidays, so I waited until after the new year and checked again.  To my horror, the account was not only NOT corrected, but now showed a 60 day late. 

It is now Jan 23, 2017 and I have called them each of the last 15 working days, only to get no answers.  I am only able to speak with customer service, and rarely able to speak with a supervisor.  They simply refuse to put one onthe phone.  Each time they claim notes are being made on the account, but I must go thru the 15-20 minutes they require to "get a handle" on the account.  

Their position was that they are reporting the account just fine and there is nothing for them to amend. After a week of no help, I was finally instructed to send a fax to them with the proffo of my claim(s). I sent them the 3 copies of my credit report that I had to now pay for, showing each of the 3 bureaus were reporting the loan closed, settled, zero balance, and now 60 days late.

Allthewhile, I was able to speak ONLY with customer service who would send emails or IM's to a department, wait for a response, and then tell me what they "said".  When asked for the contact name, number and email of that department, I was told there is no phone communication with that dept by anyone, ever.  I was refused information to contact, in anyway, those who are in charge of this debockle they have created.

There have been no less then 14 conversations with them, and most of the times I am promised a call back.  To date, ONE call has been returned, and Juanita called just to say it was in her dept and she was investigating it.  It has been 3 working days plus saturday and sunday that SHE has not returned the call she promised.

Now, after 7 weeks of trtying to ask them to correct their errors, the last communication i received was them telling me that they DID mess up, but their system has now, after 10 year of reporting, and 6.5 years of continual reporting since the business bankruptcy, they are no longer allowed to report mortgage history to the bureaus.  

I might be able to accept that as an answer, except they ARE reporting still "lates" that have never happened, except by their error of closing the regular reporting of my account.

Since then too, I had placed disputes with each of the 3 bureaus.  Expewrian has replied to my dispute, indicating Capital One is reporting correctly. Even though I provided them with current mortgage couplons from Capital One, the copies of checkes paid to them each month for the last 18 months.

Of course, this has placed me in a position that I am now unable to buy a vehicle, and it has cost me many hours of time talking with them, sending information, and much anqguish.  The financial costs cannot be summed up as of yet, but are growing since the vehicle I had wanted now costs more... $5,000 more. I had also wanted to refinance this mortgage, and suspect this "policy" change they now invoke is a response to hurt my attempts to pay off their mortgage.  I feel they have purposed to hurt my ability to refinance, and I know they have affected my ability to obtain credit due to my scores going from the mid 760's to now 640's.

I believe this represents multiple violations of the Fair Credit Reporting Act by Capital One, and for now one of the 3 bureaus who either did not investigate, or is in collusion with the creditor to hurt my credit.

At this point, my only alternative to compel them to stop reporting erroneous lates, and compel them to report 10 years of perfect payment history, is to sue them civilly.  since they know and refise to correct, I feel there is punitive damages, and I am likely NOT the only person who this has been done to, thus a class action suit is likely. 

This report was posted on Ripoff Report on 01/23/2017 12:31 PM and is a permanent record located here: 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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