Consumer complaint received 2022-05-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I submitted a complaint against XXXX XXXX  on XX/XX/2022, via the CFPB in regards to XXXX XXXX  misusing my identifying information ( known as fraud/identity theft ), how I originated the funds, and how their debt collection practices are unfair, misleading, and are falsely represented. I informed them of various consumer violations as well. I received a response from them, however, the response they made did not address the full complaint. They skipped over the majority of the complaint and only made a response to the last few sentences of the complaint where I stated " I received notification from my credit report that XXXX XXXX  closed both collection accounts. Then as of XX/XX/2022, one of the collection accounts showed that is was open again and on XX/XX/2022, one of the collection accounts showed that is was removed from my report. '' They say their records indicate that the records were reported to the credit bureaus consistently, but based on the evidence I have from my credit report, that is false. XXXX XXXX ignored this evidence. Accounts can only show closed/removed if someone from XXXX XXXX furnishes that information to the credit bureaus. Them also ignoring the majority of my complaint is very unprofessional and likely that they do not have a legal rebuttal to respond with. XXXX XXXX  then proceeded to respond to a claim from XX/XX/2022, though that claim was not mentioned in the XX/XX/2022 claim I would like to respond to XXXX XXXX  and say that when I asked for more information about the alleged debt, the representative informed me that the cease and desist has to be lifted in order for her to speak about the details of the debt, the cease and desist was not lifted at any time before, during, or after the call, therefore she should not have stated any details of the debt, this is a violation of the FDCPA. This call was recorded so the conversation can fully be heard on what happened at that time as well. The representative also stated herself that she should not have told me what she did. If XXXX XXXX  is truly in compliance with the FDCPA and other consumer laws I have cited, I would like XXXX XXXX  to rebut my complaint with the law as it is intended to be used. Law can only be rebutted with law, fact and evidence. All of which can not be done because XXXX XXXX does not have any legal right to collect on this alleged debt. Statements of accounts are not legal contracts and do not give debt collectors the legal right to collect to on that alleged debt. I have no legal signed contracts with XXXX XXXX, they purchased this alleged debt in hopes of obtaining as much money back as possible from their purchase. The alleged debt is already paid for. The collection of this alleged debt is a violation of 15 USC 1692e ( 1 ), 15 USC 1692e ( 2 ) ( A ), 15 USC 1692f ( 1 ). Additionally, pursuant 15 USC 1692a ( 6 ), any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt, can not be a debt collector.

Company response to consumer: Closed with explanation