Consumer complaint received 2021-10-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Indicated you were committing crime by not paying debt

Complaint:
I, XXXX XXXX XXXX, am a federally protected private consumer pursuant to 15 USC 1692a ( 3 ) and CAPITAL ONE BANK USA is a debt collector pursuant to 15 USC 1692a ( 6 ). In accordance with the Fair Debt Collection Practices Act under title 15, subchapter 1692g ( c ) it states that The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer, so unless the plaintiff can provide evidence contrary to the fact, I move that the case in reference be dismissed immediately. 

Furthermore ; title 15 USC 1692i ( b ) states that nothing in this subchapter 1692 shall be construed to authorize the bringing of legal actions by debt collectors, so unless the plaintiff can show valid proof of cause otherwise, I, by the record, for the record, let the record reflect, move that the case in reference be immediately dismissed for failure to provide lawful cause of action.

Objections : The alleged plaintiff states that she is an attorney and pursuant to 15 USC 1692e ( 3 ) states that the false representation or implication that any individual is an attorney or that any communication is from an attorney is an action of fraud. For this reason, I demand an immediate dismissal of this case.I affirm my rights have been violated by Judge XXXX XXXX XXXX, by saying the above laws are not pertinent in this case in accordance with Title 15, USC 1825 ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to theSecretaryundersection 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memoranda, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the UnitedStates ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to theSecretaryfor inspection and copying shall be guilty of an offense against the UnitedStates, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.

I am asserting my rights under Title 15 USC 1825 B ( 2 ) Any person against whom a violation is found and a civil penalty assessed under paragraph ( 1 ) of this subsection may obtain review in the court of appeals of the UnitedStatesfor the circuit in which such person resides or has his place of business or in the UnitedStatesCourt of Appeals for the District of XXXX XXXX  by filing a notice of appeal in such court within 30 days from the date of such order and by simultaneously sending a copy of such notice by certified mail to theSecretary. TheSecretaryshall promptly file in such court a certified copy of the record upon which such violation was found and such penalty assessed, as provided insection 2112 of title 28. The findings of theSecretaryshall be set aside if found to be unsupported by substantial evidence.

Company response to consumer: Closed with explanation