What is the name of your state (only U.S. law)? California/NJ
I had a Capital One visa card. My first payment was due, and I gave my checking account number and routing number and posted my first payment. Some time went by and the payment did not post. I tried to post a payment again, but to no avail.
When I contacted Cap. One they told me that the bank bounced the payment back. I called my bank (Bank of America) and no attempts to withdrawal were made from Capital One on my checking account. I confirmed that I had the correct routing and account numbers.
After several rounds with very rude customer service - including a refusal to get a manager, refusal to close my account and a few hang ups, my account was now severals months with no payments posted, late fees and over the credit limit. Bank of America kept confirming that I had the correct routing and checking numbers. After my account was over the limit and very past due, I found the error on my own. Capital One was putting California for the state of the Checking Account but it was a New Jersey account. I realized this when I was paying another bill and they asked me for the state. I called Capital One and they confirmed that they were putting the wrong state. Because Bank of America had acquired Fleet on the East Coast the systems were not the same. This is why BoA had no record of an attempt in their system. Capital One never once asked me for the state and automatically assumed one.
I truly felt this was an error on Capital One's behalf. I finally got in touch with a supervisor. I never refused to pay the charges I had incurred on my own, but I felt it was not my responsibility to pay for late fees and overages due to Capital One's mistakes. We reached an agreement on the phone, that I would pay the amount owed on charges and the account would be closed, with my credit report reflecting that I had not in fact missed payments on gone over my limit.
After having paid the account and closed it, my credit report still has late payments and overages on it with this account and the end of the account states "account closed in settlement for less than total due." Because of this, my credit is being negatively impacted. I disputed this on my credit report but they responded that it was correct.
I have a reference number and operator number for the person I spoke to in regards to paying what I owed and putting the credit in good standing. I also have a letter from Capital One stating this and a witness from the phone call (i was on speaker).
Is my only recourse to mail all of my evidence to the credit bureaus and if that doesn't work to wait seven years? Because these issues arose from Capital One's inability to properly process my payments do I have any legal recourse?
(sorry for verbosity, I try to include all relevant information.)
I had a Capital One visa card. My first payment was due, and I gave my checking account number and routing number and posted my first payment. Some time went by and the payment did not post. I tried to post a payment again, but to no avail.
When I contacted Cap. One they told me that the bank bounced the payment back. I called my bank (Bank of America) and no attempts to withdrawal were made from Capital One on my checking account. I confirmed that I had the correct routing and account numbers.
After several rounds with very rude customer service - including a refusal to get a manager, refusal to close my account and a few hang ups, my account was now severals months with no payments posted, late fees and over the credit limit. Bank of America kept confirming that I had the correct routing and checking numbers. After my account was over the limit and very past due, I found the error on my own. Capital One was putting California for the state of the Checking Account but it was a New Jersey account. I realized this when I was paying another bill and they asked me for the state. I called Capital One and they confirmed that they were putting the wrong state. Because Bank of America had acquired Fleet on the East Coast the systems were not the same. This is why BoA had no record of an attempt in their system. Capital One never once asked me for the state and automatically assumed one.
I truly felt this was an error on Capital One's behalf. I finally got in touch with a supervisor. I never refused to pay the charges I had incurred on my own, but I felt it was not my responsibility to pay for late fees and overages due to Capital One's mistakes. We reached an agreement on the phone, that I would pay the amount owed on charges and the account would be closed, with my credit report reflecting that I had not in fact missed payments on gone over my limit.
After having paid the account and closed it, my credit report still has late payments and overages on it with this account and the end of the account states "account closed in settlement for less than total due." Because of this, my credit is being negatively impacted. I disputed this on my credit report but they responded that it was correct.
I have a reference number and operator number for the person I spoke to in regards to paying what I owed and putting the credit in good standing. I also have a letter from Capital One stating this and a witness from the phone call (i was on speaker).
Is my only recourse to mail all of my evidence to the credit bureaus and if that doesn't work to wait seven years? Because these issues arose from Capital One's inability to properly process my payments do I have any legal recourse?
(sorry for verbosity, I try to include all relevant information.)
