Consumer complaint received 2021-09-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Date : XXXX XXXX I'm filling a complaint in accordance with Capital one and Third-party debt collector on behalf of capital one XXXX & XXXX XXXX On XX/XX/2021, I received a summons from XXXX XXXX XXXX. My spouse signed these papers. As soon as I became aware that I was being sued for debt collection, I filed a response with the Court on XX/XX/2021 While awaiting for the court to approve my fee waived application, I faxed over the letter and mail a certified letter ( XXXX XXXX ) to Attorney Office requested a debt validation and forensic audit as I disputed the amount that was claimed by capital one and attorney 's office that file lawsuit. 
I have also tried to resolve this problem and have made it clear to them that I would rather avoid a long court process and the high costs associated with it. 

On XX/XX/2021, I called XXXX XXXX XXXX and spoke with my case manager ( File No. XXXX, XXXX ) .I explained to her my financial site that I am unemployed, raising XXXX small children, one income with multiple debts owed to other creditors and that I am considering chapter XXXX if we can't come to an agreement with a settlement offer. I then again reminded her that I sent the letter requesting a debt validation and forensic accounting as I denied the amount {$XXXX}. She confirmed to receive the letter and will request it from capital one. 

On XXXX XXXX I called the office again as I am now upset that I did not receive debt validation, but only a generic cover letter from capital one stating thank for getting hold of them and another letter ( 1 page ) dated XXXX XXXX from XXXX XXXX XXXX stating that " the client has made a good faith determination that the information does not establish that a valid dispute exists. 
I recited the case manager that the information I receive is not debt validation and I am entitled to the document and not just cover letter stating that I should accept and believe that it's valid and take their word and there are discrepancies of {XXXX}. 

She was rude and upset that I demand the debt validation. And twisted my words stated I should of requested the document which I did via certified mail and phone call on XXXX XXXX. 
I told her it's her job to know the terms of debt validation. I made another attempt to resolve this issue and ask for settlement and avoid this stressful process. She went on to say that she could not even begin to negotiate or make an offer unless I admitted and accepted that I owed {$XXXX}. And now I have to wait for the documentation. 

I responded NO its wrong amount to my best knowledge and stated its strange how she now refused to even get an offer when she did previously on the phone for {$XXXX}. Nor did she give me a proper document. She told me I had to wait and refused to talk about it. 
On XX/XX/2021, the Court appointed the arbitrator, the Recusal was on XX/XX/2021, and the alternate arbitrator was appointed on XX/XX/2021. 

XXXX XXXX, I called capital one informing them that I can't get through the law office that collecting the debt and they refused to negotiate or settle this issue. I told them about the arbitrator and the gentleman said that they could not make an offer because it would be a double settlement. I then asked a question about the arbitration process. He is not aware of this and is not familiar. 

Right afterward, I contacted case manager and again asked her about the arbitration court and ask if we can settle or she can't because now court move forward with arbitration. She acted as if the office had not received the same 3 letters that I received from the court with regard to this. She then put me on hold and the call was disconnected before I even had a chance to ask questions about the debt validation document again. She never calls back. 

I have made numerous attempts to address this issue and I feel that the plaintiff ( XXXX XXXX XXXX ) is breaching the duty of good faith and fair dealing as well as manipulation.I have attempted to take care of this debt in a fair way, but they have not been fair or honest with the process and with me. I too feel that the plaintiff intentionally drags this issue longer to where we are not unable to solve this prior arbitration and will cost more money. I have not received anything I requested or able to go over it with them and capital one.

Company response to consumer: Closed with non-monetary relief