Consumer complaint received 2017-12-16
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AL
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Talked to CFPB previous representative, told them I would call Capital One to verify XXXX XXXX XXXX as their debt collector. I asked Capital One representative do they have any debt collectors that represent them. She acted like Capital One collects their own, but wanted to transfer me to a dept. to handle collections. I just wanted to know did they hire out collectors for them. When transferred to the dept. I asked them the same question. They did n't want to answer the question. Then they finally said we have many but would n't say who. I asked if XXXX XXXX XXXX were one of their debt collectors. They said they are an attorney and did n't want to say they were debt collectors. I asked if they were theirs, she said they were collectors but would not say they were their collectors. Just that they are attorneys for them. Seems deceptive to me, why would they try to hide or avoid answering the question if this was their debt collector. The way she made a point that they are attorneys felt like a threat to an account holder with legal action as if a crime was committed. She insisted on getting all my personal info to pull up my personal account, she knew I must have an account. I did n't need to look at a closed account just needed question answered. I was treated like I did something wrong, I had a right to know if XXXX XXXX XXXX was their debt collector. 

I told CFPB representative I 'm complaining about the account number presented to them. Capital One has XXXX as the original account where the {$1200.00} charge/complaint began but this is deceptive. Account XXXX did n't exist when charges began XXXX/XXXX/XXXX. I filed with them in XXXX/XXXX/XXXX a case of fraud on account XXXX where the {$1200.00} charge/complaint originated. The contract they used from merchant about hourly wages was paid for and was no longer in effect but cancelled by payment with XXXX XXXX credit card. Payment was made upfront and contract now void. Capital One does not acknowledge since contract was paid for, another one would need to be made. New agreement was made with account XXXX but with different verbal instructions : He agreed he would get small payments as services was performed. No upfront charges but smaller payment instructions. Otherwise merchant would have charged {$2200.00} on card XXXX. There was a problem with communication with merchant. On XXXX/XXXX/XXXX tried contacting merchant about already paid for services not performed and merchant did n't return phone calls and emails. Had no choice but to inform Capital One of the situation because merchant did n't do what was instructed earlier. The billing by merchant on first agreement also in question and an explanation of charges was in question. Compared with my records of conversations did n't match hours recorded by merchant. Merchant did n't return calls to answer these inaccuracies. Although, there was a new agreement I informed Capital One merchant did n't return calls and when he finally did it was late and that was XXXX/XXXX/XXXX. Told them I had to fire merchant and revoked new agreement and authorized a different amount to be paid merchant as last payment. That amount was XXXX Merchant if disputing this amount was to prove services billed before XXXX/XXXX/XXXX. Instead he gives billing for services in the month of XXXX/XXXX/XXXX while he was fired. There was an attempt to charge my account XXXX in XXXX/XXXX/XXXX {$1200.00} but that was disputed XXXX/XXXX/XXXX. Did n't see attempt and when statement came it was n't a recognized amount authorized by me to merchant and since XXXX/XXXX/XXXX communication was n't good between us I eventually had to inform Capital One about getting rid of merchant on XXXX/XXXX/XXXX. Merchant claims credit fraud by me which is ridiculous. There is no poof of fraud on my part. Neither did I tell merchant such things. I reported fraud on original account XXXX on XXXX/XXXX/XXXX which was the account for our new agreement. Capital One has to believe I committed fraud to side with merchant. Capital One went as far as transferring disputed amount on account XXXX to account XXXX based on merchant comments. This is not reported to the CFPB. 

At best Capital One and or third party debt collector should not be able to collect on debt that originated on account XXXX. Account was under fraud and supposedly taken care of and closed. Account XXXX did not exist and was n't subject to any contract or agreement. Capital One transferred disputed debt from XXXX to new account XXXX when account came into existence after XXXX. This was not authorized. If account XXXX had existent debt it should have went into collections if not paid and debt was legit. I did not authorize XXXX as replacement for XXXX either. Account was closed and a new account was given me due to fraud on XXXX. I did not authorized transfer and disputed charges for over a year. Account XXXX did n't really receive the {$1200.00} charge until XXXX XXXX XXXX approx. 4 months after dispute filing ) while it was closed XXXX/XXXX/XXXX with final payment stating account is now fraudulent and I will not be sending payment for non authorized transfer charges. Resolution : cancel all collections on these closed accounts.

Company response to consumer: Closed with explanation