Consumer complaint received 2021-03-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX, I sent a debt validation dispute letter on behalf of XXXX XXXX XXXX XXXX XXXX to CAPITAL ONE BANK USA N via Registered Mail ( receipt no. : RF XXXX XXXX XXXX XXXX ), which they received on XX/XX/XXXX. ( See Exhibit A ) I sent this debt validation letter ( See Exhibit B ) to CAPITAL ONE BANK USA N because upon checking the credit report I noticed that they are reporting an account as being charged off. However, there is another entity by the name of XXXX XXXX XXXXXXXX claiming to be the company in charge of this alleged debt. ( See Exhibit C ) I sent a debt validation letter to XXXX XXXX XXXXXXXX as well on XX/XX/XXXX XXXX See Exhibit D ) which they received on XX/XX/XXXX, and I still have not received any response from XXXX XXXX XXXX either. 

I received a response letter from CAPITAL ONE BANK USA Ns Credit Bureau Resolutions department on XX/XX/XXXX stating that they could not provide any information or locate an account unless I provided the exact same information that was already listed in the original debt validation letter. ( See Exhibit E ) By their response, we are in agreement that pursuant to 15 USC subsection 1681 et seq., CAPITAL ONE BANK USA N failed to comply with the terms of the original debt validation letter that was sent to them on XX/XX/XXXX. On XX/XX/XXXX, I responded with a formal notice making CAPITAL ONE BANK USA N aware that they have acquiesced because they failed to comply to the original debt validation letter and they have failed to state a valid claim that a debt actually. Furthermore, the formal notice response letter I sent to CAPITAL ONE BANK USA N gave them an opportunity to cure. ( See Exhibit F ) On XX/XX/XXXX, I received a response from CAPITAL ONE BANK USA N admitting that they located this alleged account and they have placed a disagreement code with a resolution of dispute on my credit file with all of the major credit reporting agencies. This was done without them actually validating that a debt even exists. 

By their response, we are in agreement that CAPITAL ONE BANK USA N, once again, acquiesced because they failed to comply to the formal notice which gave them an opportunity to cure. In addition to this, by their response, we are in agreement that CAPITAL ONE BANK USA N, can not provide any contract bearing the signature of XXXX XXXX XXXX XXXX XXXX as requested. Furthermore, by their response, we are in agreement that CAPITAL ONE BANK USA N is trying to state a claim in this alleged debt while another entity, XXXX XXXX XXXX., is additionally stating a claim in this alleged debt matter as well. This is a violation of 15 USC subsection 1692 et seq. and 15 USC 1681 et seq. ( See Exhibit G ) CAPITAL ONE BANKS USA N has had more than 60 days to provide proof that an actual debt exists pursuant to 15 USC subsection 1601 et seq. and have acquiesced several times, which leads me to believe that CAPITAL ONE BANK USA N is being willfully negligent and willfully non-compliant. In addition to this, it leads me to believe that I can not receive a remedy.

Company response to consumer: Closed with explanation