Consumer complaint received 2020-03-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX of the Family XXXX XXXX XXXX XXXX XXXX XXXX Pennsylvania Zip Code Exempt, ( DMM 602 1.3e ( 2 ) ) Non Domestic, Real Land North America ( FINAL JUDICIAL NOTICE OF DISPUTE OF DEBT and REQUEST FOR DEBT VALIDATION ) XXXX XXXX XXXX , XXXX XXXX XXXX XXXX XXXX , VA XXXX Account Number : CAPITAL ONE JUDICIAL NOTICE IS HEREBY GIVEN : Your office has listed a debt on my credit reports you claim I owe. Which I have no knowledge of, nor did I consent to opening this account. My identity was stolen after my wallet was stolen with my social security card and drivers license. The purpose of this letter is to dispute this debt, which I know I dont owe, and to demand that you validate it by providing the documentation and information requested below. 

Pursuant to the Fair Debt Collection Practices Act, Section 809 ( b ), Validating Debts : If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. ( emphasis added ) Accordingly, please provide me with the following : 1. the amount of the debt ; 2. the name of the creditor to whom the debt is owed ; 3. verification and or copy of any judgment ( if applicable ) ; 4. copy of and or proof that you are licensed to collect debts in PENNSYLVANIA 5. proof of the last payment made on the account. 
6. Itemized statement of charges.

7. Original contract between creditor and XXXX XXXX of the family XXXX correct wet ink signature. 

I am asserting my rights under the federal and state Fair Debt Collection Practices Acts and the Fair Credit Reporting Act, including these rights : Because I have disputed this debt in writing within 30 days of receipt of your initial notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense. You can not add interest or fees except those allowed by the original contract or state law. Any attempt to collect this debt without validating it violates the FDCPA. Also be advised that I am keeping accurate records of all correspondence from you and your company, including recording all phone calls, and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau. I have disputed this debt. Therefore, until it is validated, your information concerning this debt is assumed to be inaccurate. Accordingly, if you have already reported this debt to any credit-reporting agency ( CRA ) or Credit Bureau ( CB ), then you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2.  Should you pursue a judgment without validating this debt, I will inform the judge and request that the case be dismissed based on your failure to comply with the FDCPA. Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor, so they are also aware that I dispute the debt. 
Furthermore, reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act. If your offices have reported invalidated information to any credit reporting agency, said action might constitute fraud under both Federal and State Laws.

Company response to consumer: Closed with explanation