Consumer complaint received 2021-11-29
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TN
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
To Whom It May Concern : This letter is being sent to you in response to an alleged debt received by Me from your offices. Be advised that your claim is disputed and validation and proof of claim of the disputed debt is requested in accordance with the Fair Debt Collection Practices Act, 15 USC 1692 and as amended by adding the following new Title 8 USC 802 et seq., and the Fair Credit Billing Act, 15 USC. 1666 et seq. All of which work in conjunction with each other, including the Truth In Lending Act ( XXXX ) 15 USC 1601 et seq. It is not now, nor has it ever been, my intention to avoid paying any obligation that is lawfully owned by the Consumer. In order to make arrangements to pay an obligation which may be lawfully owed, please document and verify the debt by complying, in good faith, with this request for validation and return it to me, within thirty ( XXXX ) days of receipt of this letter. 

This is NOT a request for verification or proof of Consumer mailing address, but a request for VALIDATION and PROOF OF CLAIM made pursuant to the above named Titles and Sections. I respectfully request that your offices provide Consumer with competent evidence as per the attached Declaration and Proof of Claim that I have any legal obligation to pay you the unsubstantiated alleged debt. Furthermore, this is a request for proof of contract to substantiate your claim. Provide me with a certified copy of an original contract with my signature & a representative/agent from CAPITAL ONE signature XXXX specifically naming your company as a person entitled to enforce a noncommercial claim against me. Certification can be done through the presence of a notary public, who duly swears the copy made is in fact a certified copy of the original paper contract in question. Failure to respond and provide strict proof of contract will constitute your tactic agreement that XXXX XXXX XXXX XXXX is not entitled to enforce a claim against me, XXXX XXXX Furthermore, you shall cease ALL forms of communication. Indirectly & directly communication includes reporting to any credit agency about any debt or alleged debt. 

At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus, such as, XXXX, XXXX and XXXX prior to validation and proof of claim of the disputed debt, this action might constitute fraud under both Federal and State Laws. Due to this fact ; if any negative mark is found on any of Consumer credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Violation of United States Code TITLE 18 PART 1 CHAPTER 63 134XXXX ( Mail Fraud ) This debt is considered to be invalid until I receive proper validation and your offices provide the Consumer with proof of claim of the disputed debt. Your offices have 30 days to produce the required documentation in accordance with FTC guidelines. During this validation period and proof of claim, if any action is taken which could be considered detrimental to any of Consumer credit reports, said action will be considered a dishonor and cause the self-executing contract portion of this notice to be implemented. This includes listing any information to a credit reporting repository that could be inaccurate or invalidated. 

If your offices fail to respond to this validation and proof of claim request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from the Consumer credit file and a copy of such deletion request shall be sent to Consumer immediately. Also, consumer demands that all collection actions to referenced account # XXXX must stop immediately and you must cease and desist any and all collection efforts until proof of claim of disputed debt is provided. Title 8 USC 809. Validation of debts [ 15 USC 1692g ] Best Regards, XXXX XXXX

Company response to consumer: Closed with non-monetary relief