Consumer complaint received 2021-11-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I've respectfully requested Capital One Auto Finance on XX/XX/2021 to provide proof of this alleged item, specifically the contract, note or other instrument bearing my signature. 

Capital One Auto Finance failed to validate the debt, therefore the item must be deleted from the report as soon as possible. The item is entirely inaccurate and incomplete, and as such represents a very serious error in your reporting. Please delete this misleading information and supply a corrected credit profile to all creditors who have received a copy within the last six months, or the last two years for employment purposes. 

Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber. 

Under federal law, Capital One Auto Finance had thirty ( 30 ) days to complete their investigation. The 30 day mark has come and gone. Therefore, Capital One Auto Finance has violated my consumer rights. 

On XX/XX/2021 I've spoken with 2 agents on explaining to them how they violated my consumers rights by failing/ignoring my validation. Everyone is entitled to a debt validation. On XXXX XXXX agent I've spoken with an agent named XXXX Id number XXXX. I called to put in a complaint for failing to respond to my validation. XXXX just so happened to admit that Capital One Auto Finance send me a " generated template '' response on XX/XX/XXXX stating their is more information needed on my end. Which is very confusing due to the fact I was very clear in terms of I what I wanted which was a " Validation ''. The letter stated my name, address, the account number along with a very detailed breakdown of what a validation is. XXXX admitting to the company responding back with a " generated template '' on a recorded line which just so happened to be proof that no one from the company performed a proper investigation. What more information do you need? This template was a stall tactic. Something Capital One Auto Finance is very famous for. The burden of proof is on you not me. 

I've also spoken with another agent named XXXX id # XXXX on XX/XX/XXXX the following day whom was very rude & dismissive. XXXX was upset I knew the FCRA laws, companies hate it when you know your consumer rights especially when you exercise your consumer rights on them. 

On XXXX I've spoke with XXXX agent number : XXXX  she was from the president department. I was hoping considering her being from a higher department she could help me and explain why Capital One Auto Finance refused me of a debt validation. Boy was I wrong, I'm not questioning XXXX XXXX intelligence at all but she lacked the knowledge for FCRA laws very badly. So I requested someone from a higher department to give me a call. 

Days later on XX/XX/2021 I received a call from an agent named XXXX agent number : XXXX from the Internal Credit Reporting Team. When he stated the department he worked in, I was so relieved and happy and thought to myself finally, someone who knows about the FCRA laws. Boy was I wrong! Wishful thinking on my end. XXXX was so confused to why I requested a call from his department to begin with. I so confused because I thought they document everything. The conversation with all agents was just proof on how unorganized the company is along. In fact XXXX had ''Zero '' knowledge about the FCRA laws. It was like talking to a kid literally. 
Such a horrible experience. 

All I wanted was something that I am entitled to, and that is a validation from Capital One Auto Finance and they failed me of that. I feel so violated that a company can violate one 's rights. This has caused me financial loss for employment opportunities which is very devasting due to the fact we are suffering enough from the pandemic COVID-19.

In this complaint I show proof of : -certified receipt - debt validation letter

Company response to consumer: Closed with explanation