Consumer complaint received 2017-12-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NC
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
To Whom it May Concern : I recently pull my credit report in XXXX XXXX and I noticed there is a charged off amount of XXXX. Be advised this not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt Collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe to you. I am requesting proof that I am indeed the party you are asking to pay this allege debt, and there is some contractual obligation that is binding on me to pay this debt. 

Also, be advised this is my second attempt to request for validation. This is NOT a request for " verification '' or proof of mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 

At this time, I will also form you that if your offices have or continue to report invalidated information to any of three major credit bureaus ( XXXX XXXX and XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative marks is found or continues to report on any of credit reports by your company or the company you represent, I will not hesitate in bring legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 

I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 

If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during the validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 



CREDITOR/DEBT COLLECTIOR DECLATION Agreement your client that grants you the authority to collect on this alleged debt. 

Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor ( CAPITAL ONE AUTO FINANCE ) Any insurance claims been made by any creditor regarding this account. 

Name and address of allege creditor. 

Alleged account number. 

Address on file for allege debtor. 

Account of alleged debt. 

Date of the original charge off or delinquency. 

Date this alleged debt became payable. 

Verification that this debt was assigned or sold to collector. 

Complete accounting of alleged debt. 

Commission for debt collector if collection efforts are successful. 
Please provide the name and address of the bonding agent for CAPITAL ONE AUTO FINANCE in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is completed and return with copies of all requested documents. This is a request for VALIDATION made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for process after I receive this information back. 

Best Regards

Company response to consumer: Closed with explanation