Consumer complaint received 2023-01-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: KS
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This report is to make the bureau aware of the fraudulent and deceptive practices of both Capital One Bank and an individual attorney alleging to be their authorized representative but refusing to prove agency upon request. Said attorney is operating under the name XXXX XXXX XXXX and claims to be an employee of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to be the representative of Capital One ( which in XXXX  is not possible in small claims as an attorney can not represent a corporation unless he is a full time employee, shareholder, partner, or board member. Capital One is refusing to cooperate and acknowledge that he is any of these, and I have reason to believe in do believe that that is because he is not. The person I spoke to in a Minnesota branch that deals with law enforcement for Capital One Bank did however confirm for me that they have no employees physically located in the state of Kansas, which confirms my suspicions to an extent that is satisfactory for me and will be for the judge as well hopefully. 

I have been harassed and abused through deceptive means by this company and only wish for my rights to be acknowledged and protected as set forth by XXXX. 

The following violations and assertions apply both to the fraudulent and XXXX XXXX Capital One Bank USA and to the voluntary debt buyer and parasite collector XXXX XXXX XXXX, as well as his alleged employer law firm XXXX XXXX XXXX XXXX 

False affidavits have been submitted to a court of record by XXXX, as well as untruthful and damaging defamatory statements implying through libelous slander that I am violent and dangerous. Nothing could be in fact further from the truth. The only dangerous party concerned in this matter is the liar bringing these claims. 

As a result of this collections lawsuit I have suffered a divorce and lost employment with an amazing company that I will very much be unlikely to replace or regain. I am in the process of having my vehicle repossessed and will soon be foreclosed on by my mortgage company. This is a direct result of the actions of Capital One Bank when selling my personal and private information without my consent or permission and subsequently the debt collector, both firm and attorney. 

I would like to take this opportunity to note that all of the actions of XXXX XXXX XXXX XXXX  have taken place due to and because of the actions of Capital One  and therefore they are both holding liabilities and responsibility of one another for the following ; 15 U.S.Code 1692b ( 1 ) 15 U.S.Code 1692b ( 2 ) 15 U.S.Code 1692b ( 5 ) 15 U.S.Code 1692c ( a ) 15 U.S.Code 1692c ( b ) 15 U.S.Code 1692c ( d ) 15 U.S.Code 1692d ( 2 ) 15 U.S.Code 1692d ( 4 ) 15 U.S.Code 1692d 15 U.S.Code 1692d ( 1 ) 15 U.S.Code 1692e ( 1 ) 15 U.S.Code 1692e ( 2 ) 15 U.S.Code 1692e ( 3 ) 15 U.S.Code 1692e ( 8 ) 15 U.S.Code 1692e ( 9 ) 15 U.S.Code 1692e ( 10 ) 15 U.S.Code 1692e ( 11 ) 15 U.S.Code 1692e ( 12 ) 15 U.S.Code 1692f ( 6 ) 15 U.S.Code 1692g 15 U.S.Code 1692g ( a ) 15 U.S.Code 1692g ( c ) 15 U.S.Code 1692h 15 U.S.Code 1692i ( a ) ( 2 ) 15 U.S.Code 1692i ( b ) 15 U.S.Code 1692j 15 U.S.Code 1692k ( a ) ( 1 ) 15 U.S.Code 1681 ( a ) ( 4 ) Have caused cra 's to violate 15 U.S.Code 1681 ( b ) 15 U.S.Code 1681a ( 2 ) ( A ) ( i ) 15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) 15 U.S.Code 1681a ( 2 ) ( B ) 15 U.S.Code 1681a ( q ) ( 3 ) - Identity Theft definition, similar to REG V 12 CFR 1022.315 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) 15 U.S.Code 1681g ( f ) ( 2 ) ( A ) ( i ) 15 U.S.Code 1681i ( 5 ) ( A ) ( i ) 15 U.S.Code 1681n ( a ) ( 1 ) ( A ) 15 U.S.Cod3 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$1000.00}. 
15 U.S. Code 1681o ( a ) ( 1 ) 15 U.S. Code 1681q Truth in Lending- 15 U.S. Code 1611 15 U.S. Code 1635 15 U.S.Code 1666 ( e ) 15 U.S.Code 1666b 15 U.S. Code 6801 15 U.S. Code 6802 ( b ) ( a ) ( A ) ( B ) ( C ) 15 U.S. Code 6821 ( a ) ( 2 ) 15 U.S. Code 6823 ( a ) 15 U.S.Code 77q 18 U.S. Code 8 - All debts obligations of the U.S. and its corporations. 
18 U.S. Code 3571 - Sentence of ( Cost of each ) fine 18 U.S. Code 1001 - Falsified documents 18 U.S. Code 241 - Conspiracy against rights 18 U.S. Code 242 - Color of law, deprivation of rights.

18 U.S. Code 894 - Collection of extension of credit by extortionate means 18 U.S. Code 1028 - Fraudulent use of identification documents 18 U.S. Code 1028A - Aggravated identity theft 18 U.S. Code Chapter 96 - Racketeering 18 U.S. Code 894 - Harming reputation of consumer by extortionate means 18 U.S. Code 891 - ( definitions ) extortionate means 18 U.S. Code 657 - Remittance enforcement 18 U.S. Code 876 - Mailing threatening communications 18 U.S. Code 1341 - Fraud and swindle someone with a false loan 18 U.S. Code 1342 - Fictitious Name of Address 18 U.S. Code 1343 - Wire Fraud 18 U.S. Code 1344 - Bank Fraud 28 U.S.Code 1746 28 U.S. Code 3002 ( 1 ) ( B ) 31 U.S. Code 3718 31 U.S. Code 3711 ( e ) ( 9 ) 16 C.F.R. 433.1 ( d ) 16 C.F.R. 433.1 ( e ) 16 C.F.R. 433.1 ( f ) 16 C.F.R. 433.1 ( g ) 16 C.F.R. 433.1 ( j ) I am invoking my right to 16 CFR 433.2 ( a ) and 16 CFR 433.2 ( b ) and 16 CFR 433.3 Sacrifice is the measure of credibility. 
( The affidavit must be under oath to be valid ) A matter must be expressed to be resolved. ( No attempt to contact me was made by either party and attempts were made by XXXX XXXX XXXX XXXX to sidestep my due process rights through untruthful statements of XXXX made by the process server ) Documents had been filed into the collections case by XXXX XXXX XXXX  fraudulently while not serving me copies of the claims ( as required by the rules of civil procedure, and by pretending falsely to be the authorized representative of Capital One Bank which upon request of proof of agency is STILL not confirmed in any way nor proven to be correct or factual ). 

In commerce, truth is sovereign. 
( The truth is the law of the land, it is unlawful to lie ) I am moving to court to determine Council to be a vexatious litigant, which will hopefully bar him from participating in any suits in my state for the rest of his life. 

Upon request Capital One refused to prove any licensure which would allow them to conduct business in the XXXX XXXX XXXX 

My apologies if any of this information is incorrect, but it is my belief to the best of my understanding and knowledge that it is all accurate and truthful. 

Feel free to contact me about any questions or discrepancies you might have. I am more than willing to cooperate in your investigation. 

This matter needs to be resolved promptly, as it has already cost me literally everything of value that I once had in my life to be proud of. Clearly the damage has gone far beyond that of mere XXXX XXXX and harm and well into the arena of negligence and malfeasance.

Company response to consumer: Closed with explanation