Consumer complaint received 2022-01-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
Product: Debt collection
Sub-product: Auto debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Capital One Auto Finance sent me a letter stating that they are attempting to collect a debt. This company has threatened me to involve another third party that I have no written contract with to repossess my car. Fact, XX/XX/2021 I sent Capital One Auto Finance a Debt Validation Letter requesting that they validate the assumed debt along with a Cease and Desist notifying Capital One Auto Finance to Cease all communication with me concerning the account and assumed debt. Fact, this letter was sent via certified mail and was delivered. Fact, It has been more than 30 days and the debt has not been validated. Fact, I notified this company collection agency Capital One Auto Finance to cease all communication and they have violated my rights to privacy and disregarded my Cease and Desist Notification. Fact, Violation of 15 USC 1692d - Harassment or abuse : A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. I have attached my call log with documents showing the date and times Capital One Auto Finance has harassed me during my work hours, inconvenient time causing me to lose sleep, and cause stress to my mental. Fact, Violation # 2 15 usc 1692 Unfair Practices - ( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. Fact, Violation # 3 & # 4 15 U.S. Code 1692c - Communication in connection with debt collection- ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt.

( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt Fact, Violation # 5 & # 6 15 U.S. Code 1692b - Acquisition of location information - ( 2 ) not state that such consumer owes any debt ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; Fact, This company collection agency Capital One Auto Finance are in multiple violations and is not compliant with the FDCPA. This company may not attempt to damage my consumer report. Fact,15 U.S. Code 1692k - Civil liability - ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} Fact, I have NEVER done business with this company collection agency ( CAPITAL ONE AUTO FINANCE ) and I do NOT have any written contract with this company collection agency ( CAPITAL ONE AUTO FINANCE ). Fact, I have also mailed out an Affidavit of Truth along with all the exhibits and violations this company collection agency ( CAPITAL ONE AUTO FINANCE ) has violated. I will include all documents along with this complaint with all FACTS I have mentioned.

Company response to consumer: Closed with explanation