Consumer complaint received 2021-09-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
The " loan '' documentation was not explained to me in its entirety, in true faith of equity and/or good conscious. I was never told that I was the original secured party creditor on the account nor was i ever told the true nature of the agreement that was being made. As a consumer, natural person and only authorized agent and representative I was never informed what was happening or what was being agreed to and this went against my reserved rights pursuant to UCC 1-308. When I found out this deceit and fraud that was hidden purposely, I reached out to Capital One Auto Finance on XX/XX/2021 via telephone communication after receiving an electronic communication on XX/XX/2021 expressing that it was an attempt to collect a debt in an amount of payoff XXXX. I never knew the fraudulently loan was now in debt collection status or that all attempts and payments i was making was being sent to a debt collector who also was charging illegal fees. They misinformed me by misrepresenting who they were and kept me in the dark leading to further violations that i was never made aware of until now. I was on the phone a hour or better on XX/XX/2021 and I have most if not all of the calls recorded and will submit into evidence if i need to. I spoke with several agents and let each of them know call was recorded and that i was disputing the validity of the debt and that i was in need of further validation of the debt as pursuant to 15 usc 1692g and also set the cease and desist in place. It was so hard for me even to get to someone to dispute it. they kept giving me the run around. I also had agents tell me the contract was valid, that the amount owed was correct, and that capital one in fact was the true creditor when all of this is not true. I kept requesting to speak with someone regarding the alleged fraud/debt and was told someone would give me a all from the Office of presidents. I spoke to this dept on XX/XX/XXXX again disputing the debt and asking for more information for validation and verification purposes. He stated he would send the requested information via mail within 30 days however this was not done. 
On XX/XX/XXXX at XXXX XXXX they sent me another electronic notification about the alleged debt which i assumed was in error but then again on XX/XX/2021 so at this point i knew they were not accepting or placing the account in dispute as it should have been or in cease and desist status while validation was completed. Because i was getting nowhere with them and CRA still showed no dispute status, on XX/XX/XXXX I went on transunion via credit karma and submitted a dispute letting them know that the alleged account from capital one auto finance was never validated and that it was in dispute and that without proper validation and verification it was fraudulently placed and should be removed. I received results back on XX/XX/XXXX from transunion that stated investigation they did was completed and information was found to be correct so they would not be delete it. It still to this day does not show in dispute. 
Today, XX/XX/2021, I submitted another dispute via credit karma to transunion asking for validation or deletion and I also faxed, as i was told i could do, a validation of debt letter with more dispute information attached. I called today to find out if the information was received and no one would answer me told me they would need to give me a call back they did however confirm the cease and desist was active on the account so this tells me they got dispute info and yet never reponded which is fraud and lets me know that they can not validate this alleged debt. they told me again someone in the office of president department would call me back again. I am tired of fighting with these companies and am in need of further assistance to protect my consumer rights.

Company response to consumer: Closed with explanation