Consumer complaint received 2018-04-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
To whom it may concern at the CFPB, I am trying to get immediate help with a Law firm/debt collector that is trying to collect on a fraudulent account supposedly opened on XX/XX/XXXX. Due to this case being a fraudulent credit card account that is almost 20 years old, bought and sold 3 times from the original creditor ( Capital One ) to several Debt Collectors over the past 15 to 17 years, the only way I felt that this would make more sense to you is if I described as best as possible to the best of my knowledge the history of this fraudulent account. 

Because this is a fraudulent account opened so long ago and without my knowledge, it is almost impossible to provide any additional documents or proof of anything besides what this law firm has given me on XX/XX/XXXX when I called and spoke with one of the attorney 's there and recorded with their permission. So, this information is the best I have available for your review. 

*The fraudulent account details are below : *Original Creditor - Capital One Bank *Supposed day the account was opened with the original creditor - *Account sold from original creditor to - XXXX XXXX - Date unknown *Account sold again to - XXXX XXXX - Date reported - XX/XX/XXXX *Account sold a 3rd and final time to - XXXX XXXX XXXX , XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI *Supposed Date reported and Judgement filed in XXXX District Court by the above mentioned law firm - XX/XX/XXXX *Date of Notice of Garnishment - XX/XX/XXXX *Total Garnished amount from my paycheck on XX/XX/XXXX - {$570.00} *XXXX District Court Case # - XXXX *Supposed original past due balance - Unknown *Supposed Judgement Amount - {$1800.00} *Supposed interest accrued - {$2300.00} *Supposed amount due now, including interest, fees, etc - {$4100.00} This shady, relentless and unforgiving attorney/debt collector is the 3rd time this fraudulent debt was bought and sold.

Law Firm/ Debt Collector XXXX XXXX XXXX , XXXX .

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Michigan XXXX *Original Fraudulent Account Date - XX/XX/XXXX *Original Fraudulent Account Collections Date - XX/XX/XXXX *2nd Fraudulent Account Account Date - XX/XX/XXXX *Fraudulent Account Judgement Amount - {$1800.00} *Total Fraudulent Judgement Interest Accrued {$2300.00} *Unsatisfied Fraudulent Judgment Amount XXXX *3rd Writ of Garnishment issued on XX/XX/XXXX and was received BY MY EMPLOYER, NOT MYSELF AND AGAINST THE LAW *Fraudulent Garnishment Taken From My Payroll On XX/XX/XXXX in the amount of {$570.00} This letter is being sent to you in response to notices sent to me from your company in regards to a fraudulent account opened in XX/XX/XXXX. Please be advised that this is a refusal to pay and a notice sent to your company pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 { b } that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section.

I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you, especially forewarning you that this was a fraudulent account. Please provide me with the following immediately : 1- What the money you say I owe is for. I have ZERO knowledge of this fraudulent account until today, XX/XX/XXXX when I received the bogus " Garnishment. '' Do me a favor, look at the dates and realize that you are trying to collect on a debt from XX/XX/XXXX and all the XXXX Judgements you have received since XX/XX/XXXX. What a joke, this is showing some serious desperation on your company 's part. 

2- Explain and show me how you calculated what you say I owe. Over {$2300.00} in made up fraudulent interest charges? Please .... This fraudulent account you are attempting to collect a debt on is against the law and you are violating many, many laws, in place for innocent consumers like myself.

3- Provide me with copies of any original papers that show I agreed to pay what you say I owe. As I will mention several times, we both know you can not. I have never heard of or spoken to anyone from your law firm until today, XX/XX/XXXX. 

4- Provide a verification or copy of any judgment if applicable which is legally allowed, not " renewing '' some fraudulent debt from XX/XX/XXXX of which did not belong to me. We both know you can not do so.

5- Identify the original creditor and legal proof of myself being the owner of this fraudulent account. This will include ALL written, audio or visual legal proof of such. Once again, we both know you can not do so.

6- Prove the Statute of Limitations has not expired on this account in the State of Michigan . It is 6 years in Michigan and only 10 IF and only IF the Consumer agrees at any point that the debt is theirs WITH the proper legal documentation served to the Garnished Indiviual. For the record, I have not and never will agree to pay any fraudulent charged. Yet again, we both know you do not have this information. 

7- Show me that your law firm are licensed to collect in the State of Michigan , with the full license # ' s, and I do not care if your law firm is in Michigan or not. Provide these valid numbers with expiration dates along with your State of Michigan Bar #.

8- Provide me with your license numbers and Registered Agent or Agent of Service in the State of Michigan . Also, provide the name of the company, person and or Process Server who LEGALLY served any paperwork. Please do not attempt to say that you delivered or tried to deliver any Notice to my current address, our property is surrounded by cameras recording 24 hours a day, 7 days a week for several years and on a permanent, backed up record and stored in a cloud. Old, outdated addresses are NOT acceptable for proof of delivery. The correct address for proof of delivery to the Garnished Indivual is your company 's RESPONSIBILITY. NOT AN EMPLOYER to serve this notice.

9- Provide me legit and legally admissible proof of any paperwork or judgement that was delivered to me from your law firm to my current address on State of Michigan records. You have not lawfully and legally served me any updated court documents to my address on record BEFORE you processed any garnishment. Like your company did, but is not legal, dropping off a garnishment to an employer WITHOUT the garnished receiving any notice is against the law. You all know better.

10- Provide me original signed documents legally proving that this fraudulent collections account has any legal signature, audio or visual proof of such. We both know you can not do this or provide this information as you have NO access to this information and bottom feeder law firms like your company buy these debts for pennies on the dollar in the hopes you can somehow get a supposed victim of yours to pay anything, but little do most consumers know under FDCPA and FCRA Laws you can not do so. 

I will not hesitate to bring legal action against you for the following Violation of the Fair Credit Reporting Act and Violation of the Fair Debt Collection Practices Act including, Defamation of Character. If your offices are able to provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist including any garnishment immediately. Also, during this validation period, if any action is taken which could be considered any more detrimental to my financial well being I will surely file suit. 

In addition, please understand that all the phone calls that were made are recorded and I verified and had received permission from the " Attorney XXXX '' that I spoke to on XX/XX/XXXX. This recording, if necessary, along with the illegal forms your company used to file a garnishment all will be forwarded to the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), State of Michigan Attorney General, the Bar Association, the local XXXX XXXX XXXX  ( XXXX ) for your business area and in the court system, XXXX District Court XXXX XXXX, Michigan XXXX for a Motion To Set Aside Judgement explaining to the court of this fraudulent and bogus garnishment if it is not stopped immediately. 

Next I will file a police report on your company if need be. Also, if necessary, I will file several poor, but true reviews on the internet, including XXXX, XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and on and on explaining exactly how you are trying to conduct business so I can fairly warn any other potential " victims '' of this shady practice so they may help themselves before their rights are violated. 

I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment, EXCEPT to my employer removing your fraudulent garnishment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. 

All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS via First Class Registered Mail. It would be advisable that you assure your records are in order before I am forced to take legal action against your company. This is an valid attempt for your law firm to correct your records, any information obtained shall be used for that purpose.

I am hoping your law firm can resolve this immediately and realize the unethical manner of which you are trying to collect on a fraudulent account from 19 years ago. Do the right thing and make this correction immediately. It will save your company, myself and the court system a bunch of wasted time, money and energy. I am a very informed consumer, I know my rights and protections through the FCRA and the FDCA and will use them to my utmost needs and I absolutely refuse to have my rights stomped on by a debt collector doing their best to collect on a FRAUDULENT debt I am totally unaware of almost 2 decades old.

****PLEASE NOTE XXXX , XXXX COPIES OF THIS LETTER AND ANY AND ALL COMPLAINTS FILED AGAINST YOUR LAW FIRM WITH THE ENTITIES BELOW ARE ON FILE WITH MY ATTORNEY ON RETAINER IF I SO CHOOSE TO EMPLOY HIM IN THE FUTURE IF THIS CAN NOT BE AMICABLY RESOLVED BETWEEN MYSELF AND YOUR COMPANY. THEY ALSO DO CHAPTER XXXX AND XXXX BANKRUPTCY, SO THE GARNISHMENTS WILL STOP ONE WAY OR ANOTHER IMMEDIATELY UPON FILING. 

COPIES OF ALL THE PAPERWORK AND THESE ILLEGAL AND FRAUDULENT " JUDGEMENTS '' WILL BE FORWARDED TO THE CFPB, FTC, ATTORNEY GENERAL, XXXX  AND ANYONE ELSE NECESSARY TO MAKE THIS RIGHT. 

IF YOUR LAW FIRM MAKES THE CORRECT DECISION AND DOES REALIZE THE ILLEGAL AND FRAUDULENT MISTAKE IT IS IN THE PROCESS OF MAKING I WILL VOLUNTARILY REMOVE ANY AND ALL COMPLAINTS AND/OR NEGATIVE REVIEWS FROM THE ENTITIES ABOVE IF IT IS SETTLED CORRECTLY, MY PERSONAL WAGES AND FUNDS ARE RETURNED TO ME AND THIS FRAUDULENT AND BOGUS GARNISHMENT IS REMOVED IMMEDIATELY.

Company response to consumer: Closed with explanation