Consumer complaint received 2018-02-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
This is reference XXXX that I was unable to retrive. Capital One responded to my CFPB complaint dated XX/XX/XXXX by a person named XXXX XXXX on behalf of Capital One. Capital One stated that : 1. no signed copy of an application to provide 2. That my personal information was verified thru a consumer credit file. 
3. That the payment were made via a corporate account. 
4. That this alleged has not been sold. 
5. The alleged account was placed with a third party collection with XXXX XXXX and XXXX XXXX XXXX as a third party debt collectors. 
6. Stated that Capital One is the legal owner of this alleged debt. 
7, That Capital One is not required to sign an affidavit or certification of any responses to a consumer. 
8. That Capital One did not receive a validation of debt from the consumer dated XX/XX/XXXX. 
9. Capital One still declining to dismiss such collection charged against the consumer. 

On XX/XX/XXXX, the consumer mailed Capital One in response to your statements listed above with a Certified Mail XXXX as per #. 
1. So therefore Capital One has no signed application or contract to provide that there's an agreement between the lender and the consumer to determine terms of the alleged credit loan and the actual owner of this alleged loan. 
2. Capital One has relied through a credit report file the personal information of the alleged consumer and has no personal knowledge to verify the dispute made by the consumer. 
3. Capital One received and accepted from an alleged corporate account. 
4. XXXX XXXX and XXXX XXXX XXXX were debt buyers debt collectors by their admission. 
5/6. So, therefore when an alleged debt is transfer, assigned or sold such creditor is not consider a creditor now by law as per definition FDCPA. Capital One has lost it's interest and claim to such alleged debt. 
7. Capital One is avoiding the pain and penalty of perjury for not signing and attesting their given statements. 
8. Consumer attached said validation request sent on XX/XX/XXXX and the violation for not responding on XX/XX/XXXX addressed in XXXX Va and XXXX, VA office. And on XX/XX/XXXX, the consumer received a threatening Notice of Intent to File Sue and Incur Court Cost from an unsigned debt collector XXXX XXXX XXXX prior to properly validating and verifying such alleged debt as demanded by the consumer. 
9. Consumer also demanded Capital One a verification if such bad and useless debt after charging off such debt did not report to the IRS such deduction within the same year as per 26 US Code section 166 ( Bad Debt and Wholly worthless debt allowed to be deducted within the taxable year. 
Lastly, the consumer demanding again Capital One to dismiss such allegations. The consumer has been suffering from XXXX XXXX and suffering through this ordeal and been harmed in regards to obtaining credit, rental application and anything regarding with a credit score. Capital One is not the creditor and has right and claim to collect such an alleged debt. 
Consumer is asking CFPB to step in and instruct Capital One to any future damages this alleged debt is concern. 
The consumer will subpoena XXXX XXXX to be a witness and to provide all documentations necessary for the coming hearing in a few days XX/XX/XXXX. 
The consumer will not contact a debt collector as Capital One instruction. Capital One has not provided the consumer a valid complaint signed by their representative to retain XXXX XXXX XXXX a debt collector as their attorney representing them in court.

Company response to consumer: Closed with explanation