Consumer complaint received 2023-01-20
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
RE : Account # ( Fill in Account XXXX ) To Whom It May Concern : Be advised this is 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 you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. 
This is NOT a request for verification or proof of my 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 inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( Equifax, Experian, Trans Union ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing 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 this 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 COLLECTOR DECLARATION Please provide the following : Agreement with 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. Any insurance claims been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
Date this alleged debt became payable. 
Date of original charge off or delinquency.

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 written proof of the company you used to verify this account is connected to me? I contacted XXXX XXXX  and they confirm they legal do not share this information. If you can not provide proof I want this account remove immediately. As it is against the law to put inaccurate information on my report. Please send me an updated report with accounts that do not belong to me. 

Please provide the name and address of the bonding agent for COLLECTIONAGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned 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 processing after I receive this information back. 
Best Regards XXXX XXXX XXXX Federal Trade Commission

Company response to consumer: Closed with explanation