Consumer complaint received 2020-03-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
On XX/XX/2020, I called Capital One Bank to ask for a hardship arrangement on my past due account, as I have numerous times and have been turned down. All phone calls on my telephone are recorded. This most recent call was immediately transferred to a XXXX XXXX  XXXX XXXX XXXX/Debt Collection Agency.

I explained to a lady that I was recording the telephone call after she expressed to me that there was legal action pending. I then explained that I would require proof of the total amount owed and that I would make payments as long as nothing would be pursued or atttempted to be placed upon my record. She explained that I may receive a court summons, but to simply ignore it as long as I signed the paperwork she was going to send me in an email. ( I am consulting a lawyer about the legality of that statement ) I made it clear that as a XXXX XXXX, I could not have anything placed upon my record and she assured me that as long as I made my payments and signed the paperwork, that all would be well. This is all on a recorded call that I can provide to the CFPB, court of law, and the Texas Attorney General. 

The paperwork came later that day. It was basically a judgement against me that was waiting on my signature. I can also furnish this to the CFPB, if needed. It was stated that no judgements would be pursued if I signed the paperwork and the paperwork was essentially an agreement to a judgement. XXXX XXXX  XXXX is in violation of numerous FCRA, FDCPA, and Texas Finance Code consumer protection laws and debt collection regulations. 

Futhermore, the FDCPA requires that within 5 days of initial communication from a debt collector, the debt collector is required to send a written debt validation notice to you. This notice will state your right to dispute the validity of the debt within 30 days. This has not occurred. My first contact with this company was a telephone call on XX/XX/2020, to which they informed me that they had filed a lawsuit against me. This was the first time I had any knowledge that my past due Capital One card was placed with another agency. 

My final Capital One balance before the charge off was XXXX. XXXX XXXX   XXXX is showing two different amounts due, depending on the paperwork they assemble. The first amount due, ( according to this agency is XXXX and the other is XXXX ). 

I requested debt validation by email and an amicable payment-plan oriented resolution and they simply mailed me credit card statements. They did not mail me the required legal notice that states my right to dispute the validity of the debt within 30 days, a signed credit agreement, documentation of the chain of custody of all paperwork, proof that the paperwork is accurate and from the original creditor, and proof of the legal authority to collect the debt, ( how do I know the creditor actually hired this company to collect the debt on their behalf? What if I was to pay the this company, only to have the creditor or another collector come after me because the collector I paid was never hired in the first place? ) There are numerous violations of various debt collections acts that have occurred here. 

I will also be filing a complaint with the Texas Attorney General due to violations of the Texas Deceptive Trade Practices/Consumer Protection Act and also the XXXX  XXXX XXXX.

Company response to consumer: Closed with explanation