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Cap1 Denied: "legal action pending"


chrishillson
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I was denied for a Capital One Quicksilver and no hard pull was performed. The denial letter says "Based on your application information, there is legal action pending against the applicant" I've had a secured card with them for over a year there haven't been any new legal actions against me during that time. I was also prequalified for a $35,000 auto loan with Cap1 last week at 2.55%.

 

I've tried to get more information but through the application numbers they've told me they don't know and suggested I call customer service for my existing account. EO says it's "public records" and suggest I "contact the local or federal courthouse." I've reviewed all my LexisNexis reports recently and there's absolutely nothing on there about any judgements, lawsuits, or liens.

 

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Have you cosigned for anybody in regards to a loan ? Have you checked all 3 of your credit reports ? Could it be a relative like junior or senior that has the same name as you ?

 

Like VintageWillow said you need to check the courthouses in your area.

Edited by HERE WE GO !!!
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I was denied for a Capital One Quicksilver and no hard pull was performed. The denial letter says "Based on your application information, there is legal action pending against the applicant" I've had a secured card with them for over a year there haven't been any new legal actions against me during that time. I was also prequalified for a $35,000 auto loan with Cap1 last week at 2.55%.

 

I've tried to get more information but through the application numbers they've told me they don't know and suggested I call customer service for my existing account. EO says it's "public records" and suggest I "contact the local or federal courthouse." I've reviewed all my LexisNexis reports recently and there's absolutely nothing on there about any judgements, lawsuits, or liens.

 

When you are denied credit for something external to the potential creditor, that data is provided by one of the numerous CRAs. The potential creditor has a legal obligation to tell you, in the denial letter, the name of the CRA the information is from so it can be investigated and disputed.

Edited by cashnocredit
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Do you have a judgement for a Capone card, that they took over from say HSBC.

I know someone with that issue, and they are currently paying on a cap one charged off card.

They have tried to get a new capone mc/visa but can't because of this issue.

But the funny enough have 2 quicksilver ones with small limits.

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I have absolutely no judgments -- that I know of. None of the clerks of court where I've ever lived, nor PACER, show anything pending except for an open lawsuit for a consumer debt filed in 2013. However It didn't stop Cap1 from giving me a secured card last year or a preapproval for an auto loan last week. I'm not going to get (too) mad at Cap1 for denying me but I am rather concerned where this data is coming from, I did have issues years ago with my address and SSN being compromised and it wouldn't be the first time someone opened an account in my name. They didn't do a hard pull, didn't specify where the data came from, and EO word for word told me "it's from public records" and if I wanted more details I should "contact the local or federal courthouse."

 

/edit: I do have a chargeoff from HSBC that's beyond the SOL that reports as Cap1, but the balance is small and I was never sued.

Edited by chrishillson
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I have absolutely no judgments -- that I know of. None of the clerks of court where I've ever lived, nor PACER, show anything pending except for an open lawsuit for a consumer debt filed in 2013. However It didn't stop Cap1 from giving me a secured card last year or a preapproval for an auto loan last week. I'm not going to get (too) mad at Cap1 for denying me but I am rather concerned where this data is coming from, I did have issues years ago with my address and SSN being compromised and it wouldn't be the first time someone opened an account in my name. They didn't do a hard pull, didn't specify where the data came from, and EO word for word told me "it's from public records" and if I wanted more details I should "contact the local or federal courthouse."

 

/edit: I do have a chargeoff from HSBC that's beyond the SOL that reports as Cap1, but the balance is small and I was never sued.

 

They may not have done a hard pull from EX, TU, or EQ but they pulled data from somewhere. They are required by law (Section 615 of the FCRA) to tell you where when they decline an application. If they don't, send a letter pointing this out. If they won't fess up, send a letter to the CFPB.

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I hate to sound so pessimistic but I'm going to go with they didn't use a consumer report, therefore it falls under ( B) Adverse action based on information obtained from third parties other than consumer reporting agencies and they would only have to disclose to the consumer the nature of the information upon which the action is based which is something they've already done. Of course it shouldn't hurt to keep asking.

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When you are denied credit for something external to the potential creditor, that data is provided by one of the numerous CRAs. The potential creditor has a legal obligation to tell you, in the denial letter, the name of the CRA the information is from so it can be investigated and disputed.

Except they NEVER tell you that info was from LN. Ive never heard of anyone having LN's name mentioned on a denial letter.

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I hate to sound so pessimistic but I'm going to go with they didn't use a consumer report, therefore it falls under ( B) Adverse action based on information obtained from third parties other than consumer reporting agencies and they would only have to disclose to the consumer the nature of the information upon which the action is based which is something they've already done. Of course it shouldn't hurt to keep asking.

 

Actually, the FCRA wording is this:

 

 

Whenever credit for personal, family, or household

purposes involving a consumer is denied or the charge for such credit

is increased either wholly or partly because of information obtained

from a person other than a consumer reporting agency

 

 

Data aggregators, including LN, and almost all other specialty providers are considered Consumer Reporting Agencies. The FTC and the CFPB consider them such. It's not like Cap One called a neighbor and asked for the skinny or called up courthouses on their own. They used a data aggregator. This stuff clearly should be disputable and the source must be identified. Again, Raise Hell.

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I'm just saying hypothetically if they got it from the clerk of courts... Question is if they aren't getting it from LN, then where? I have a recent LN and it's clean.

 

There's a ton of public record aggregators. Alone, they are not considered CRAs but once they are used by Cap One to make credit decisions then they are also CRAs.

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You show me a single person who has a denial letter listing LN as a source if info, and i'll send you a dollar.

 

LN is a CRA. They admit as much themselves. Most all denial letters without reference to CRAs are from internal records the creditor has which blacklisted them which they are allowed to do.

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I was denied for a Capital One Quicksilver and no hard pull was performed. The denial letter says "Based on your application information, there is legal action pending against the applicant" I've had a secured card with them for over a year there haven't been any new legal actions against me during that time. I was also prequalified for a $35,000 auto loan with Cap1 last week at 2.55%.

 

I've tried to get more information but through the application numbers they've told me they don't know and suggested I call customer service for my existing account. EO says it's "public records" and suggest I "contact the local or federal courthouse." I've reviewed all my LexisNexis reports recently and there's absolutely nothing on there about any judgements, lawsuits, or liens.

 

 

http://files.consumerfinance.gov/f/201506_cfpb_supervisory-highlights.pdf

 

File a complaint with the CFPB.

 

I've faced an Adverse Action in the form of a denial of credit from Capital one bank, and when I called , they stated " they don't know and suggested I call customer service for my existing account." when I called regarding my accounts, they stated it was due to " public records" and suggested that I "contact the local or federal courthouse"

 

I've reviewed the local court dockets and there are no records, I've reviewed my Lexis Nexis full file disclosures and there are no legal actions against me listed,

 

Capital One bank has failed to provide a complete Adverse Action notice which informs me the source of the information that they used as a reason, so that I can dispute the inaccurate information with the Source of the record,

 

I doubt that Capital One bank reviewed any courthouse records them selves; if they utilized a Data Broker, that Agency became subject to the FCRA requirements on Accuracy and FCRA disputes the moment Capital One utilized them to determine my credit worthiness..

 

If Capital One bank just " googled my Name" or used some " people search site" and obtained inaccurate information, that information cannot be used.

 

I demand to know the Agency that provided the inaccurate records used by Capital One Bank.

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What do OP's credit reports say under "Public Records"?

 

What are OP's real scores? What are the baddies on the reports?

 

We know lenders give BS reasons when they take AA

 

They can't say that it was Denied because of :"legal proceedings" That's not a BS reason, that's defamatory

 

they have to provide the source.

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What do OP's credit reports say under "Public Records"?

 

What are OP's real scores? What are the baddies on the reports?

 

We know lenders give BS reasons when they take AA

 

EQ: Paid tax lien, EX & TU: nothing

 

FICO8 EX: 642, TU: 617, EQ: 613

 

2 collections, 3 charge offs, all from early 2010.

 

Capital One didn't hard pull anyone but I have an open account with them, not sure if it's like Amex.

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What do OP's credit reports say under "Public Records"?

 

What are OP's real scores? What are the baddies on the reports?

 

We know lenders give BS reasons when they take AA

 

They can't say that it was Denied because of :"legal proceedings" That's not a BS reason, that's defamatory

 

they have to provide the source.

 

You are absolutely right.

 

Just trying to dig deeper and have OP provide us with more data for science.

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What do OP's credit reports say under "Public Records"?

 

What are OP's real scores? What are the baddies on the reports?

 

We know lenders give BS reasons when they take AA

 

EQ: Paid tax lien, EX & TU: nothing

 

FICO8 EX: 642, TU: 617, EQ: 613

 

2 collections, 3 charge offs, all from early 2010.

 

Capital One didn't hard pull anyone but I have an open account with them, not sure if it's like Amex.

 

For starter CAP 1 is primarily a TU puller. Your TU is low. Why?

 

Before attempting to apply for cards you have to first bring your scores to a "comfortable zone" with lenders.

 

Frankly your scores are too low for 2010 baddies.

 

There must be other factors in play. You need to have your paper reports from the 3 CRAs, not CK, not CCT, paper reports.

 

Based on what's on these reports, work on improving your scores first before applying for unsecured cards.

 

Frankly you're not ready to App for unsecured cards with major lenders.

 

617 might be too low for QS.

Edited by tobettercredit
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What do OP's credit reports say under "Public Records"?

 

What are OP's real scores? What are the baddies on the reports?

 

We know lenders give BS reasons when they take AA

 

EQ: Paid tax lien, EX & TU: nothing

 

FICO8 EX: 642, TU: 617, EQ: 613

 

2 collections, 3 charge offs, all from early 2010.

 

Capital One didn't hard pull anyone but I have an open account with them, not sure if it's like Amex.

 

If you have no negatives reporting on Exp and TU, why are your scores so low?

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What do OP's credit reports say under "Public Records"?

 

What are OP's real scores? What are the baddies on the reports?

 

We know lenders give BS reasons when they take AA

 

EQ: Paid tax lien, EX & TU: nothing

 

FICO8 EX: 642, TU: 617, EQ: 613

 

2 collections, 3 charge offs, all from early 2010.

 

Capital One didn't hard pull anyone but I have an open account with them, not sure if it's like Amex.

 

If you have no negatives reporting on Exp and TU, why are your scores so low?

 

I asked the same question, like we read each other's minds.

 

credit repair and building require precision moves not precipitation moves.

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If you have no negatives reporting on Exp and TU, why are your scores so low?

 

 

I have all the negatives on Exp and TU, just no public records. I have paper reports but I'm not sure why the scores are so low. New accounts? Negative accounts still being updated?

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