Consumer complaint received 2023-04-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
On XX/XX/XXXX, I pulled my credit report and noticed that there was some inaccurate information regarding my credit score. I noticed that my credit reports have been ruined by this company on information that has not been validated. My consumer credit reports have been ruined due to the businesss abusive and deceptive practices. I contacted the credit card agency with a letter regarding my findings and still have not received a response and it has been more than 30 days since the letter has been sent. My complaints were as followed : To whom it may concern : Please note that this is not a refusal to pay off the account but a notice sent as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 ( G ) Section 809 ( B ). This notice states that your claim is disputed and validation of the account is required. As I did not authorize consent for Capital One to report anything on my consumer report. Pursuant to federal law 15 U.S.C. 1692 a ( 3 ) When I pulled my consumer credit reports on XX/XX/XXXX I noticed that my credit reports have been ruined by this company on information that has not been validated. My consumer credit reports have been ruined due to the businesss abusive and deceptive practices. I noticed that there were inaccuracies on my consumer reports, such as the balance of {$5900.00} and late payments reported, as well as a closed account and a charge-off by your company. This has destroyed the lively hood for my children and I to live sustainably, such as purchasing a home of our own, and being able to take care of their necessities. This is very disheartening for me and has caused a lot of emotional distress for myself and my children. 

This notice is not a request for verification of the account or proof of my mailing address but a request for validation made pursuant to the FDCPA laws. I humbly request that your agency/office sends me valid proof of claim that I am legally obligated to pay you and that late payments were made and updated pursuant to 15 U.S.C 1666B. I am demanding the removal of the negative items if the information is not validated. ( A copy of any sort is not evidence ) The original must be furnished with WET INK SIGNATURE, including 3-308, and 3-302 ) and proof that it is my signature. Pursuant to federal law 15 U.S.C. 1681 as well as the Fair Credit Billing Act 15 U.S.C 1666-1666j., federal law states that you can not report anything adversely on my consumer credit report until the investigation is complete.

Please provide me with the below-mentioned items : * The amount you claim the Respondent owes you * An explanation showing me how you have computed the amount.

* Copies of any documents that prove I agreed to pay the alleged amount pursuant to Federal Law UCC 8-315 * Confirmation that the account has not crossed the statute of limitation ( XXXX ) period * Evidence of your license numbers and your registered agent. 

I would like to inform you that in case your agency has reported invalidated account information to any of the three main credit bureaus such as XXXX, XXXX, or XXXX, then it will be regarded as a fraudulent action under both federal and state statutes. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below-mentioned reasons under 15 U.S.C. 1692 ( a ) ( 1 ) as well as the following : *Misuse of my copyrighted property *Violation of the Fair Credit Reporting Act ( F.C.R.A. ) *Defamation of character *Violation of the F.D.C.P.A *No consent was given *Invasion of privacy I would like to inform you further that if any action is taken during the validation period which could be regarded as detrimental to any of my credit reports, then I will seek advice about initiating a lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when, in fact, there is no provided evidence that it is. 

If your agency can provide me with the requested documents, I will need a minimum of thirty ( 30 ) days to investigate this information, and during this period of time, all collection activities must be stopped.

Also, I request that you provide evidence that I must pay you in anything other than appropriate commercial paper should the debt be proven valid because, to my knowledge, the U.S. Congress provided the appropriate solution for me to settle my debts via the remedy in House Joint Resolution ( H.J.R. ) 192 of June 5, 1933, under the United States, Public Law 73-10, and Public Law 48 stat. 112 ( among others ).

If your agency/company fails to respond to this debt validation request within a period of ten ( 10 ) days from the date of your receipt of my notice and affidavit, then the account information must be completely deleted from my credit report, and a copy of such deletion request should be sent to me at once, or I will take legal action. 

I would also like to request, in writing, that no calls should be made by your agency or company at my residence or workplace. If your agency attempts to make unlimited or computer-generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file a lawsuit. All future communications with me should be done in writing and sent to the address mentioned in this letter. Further, any correspondence must be made in the form of a commercial affidavit under penalty of perjury and sent by certified mail. Any other form of service shall be deemed defective upon its face. 

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records. Any information obtained shall be used for that purpose. 



Respectfully, _________________________________ XXXX : XXXX Without Prejudice 1-308

Company response to consumer: Closed with explanation