Consumer complaint received 2021-09-16
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
Hi my name is XXXX XXXX and im submitting this complaint myself. There is no third party involved. I do not consent to this organization marking this complaint as a duplicate. I entered a consumer credit transaction with this organization and extended them my credit and as a result they used my credit card ( as described in 15 USC 1602 ) and was extended credit in a consumer credit sale. they are now claiming that they originated the credit I extended to them, in which constitutes fraud, the alleged interest not included in the finance charge ( sum of all charges ) Pursuant to federal law They have committed fraud and several violations of the FDCPA and TILA. They are now threatening me for an alleged debt that they claim I owe. I never received a Material Disclosure of any of the information that was supposed to be provided to me. they have taken an unfair advantage of me as a consumer, and they should be held accountable for deceiving me and not validating the debt. They have not validated anything ; they have ruined my character and general reputation by reporting erroneous information on my consumer report and included a symbol on the contents of the envelope for the mail carrier or any person affiliated with the mail service or comes in contact with the envelope thats alleging I owe a debt. Theyve act as if they are unaware of what I am requesting or that the law does not apply to them and I've included evidence and proof, pursuant to federal law with facts that prove that the law does apply to them and that they must adhere to them. They have not provided me with any original documents, and they have disregarded the law by saying, they do not have to provide me with anything except billing statements or applications, which is not proof of validation or proof that I owe anything. They are also claiming that they must report information to the credit bureaus, however cfpb handbook 3.1.1 furnishers incentives and decentives states- reporting to credit bureaus and other consumer agencies by creditors is voluntary and historically has been. Furnishers have multiple incentives to contribute data to NCRA one of which is for borrowers to make timely repayments. Their willful non-compliance has damaged my reputation as well as my credit file. Also take notice, Under the Laws of Commerce, An Unrebutted Affidavit Stands as Truth. I'm writing this complaint to address that Capital One has not rebutted the Affidavit I have sent them. I have received a letter after stating that they are looking into my complaint but why waste my time with that letter they should have rebutted the Affidavit. Capital One is in violation of 15 USC 1692g, 15 USC 1635, 15 USC 1692j ( a ), 15 USC 1692e ( 2 ) ( A ), 15 USC 1602 ( p ). Under the Fair Debt Collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. I have uploaded documents of my 1st Affidavit sent certified mail and received on XX/XX/2021, Debt Validation and 2nd Affidavit showing proof of what i am saying today.

Company response to consumer: Closed with explanation