Consumer complaint received 2019-06-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
To XXXX and XXXX Capital One, XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX SSN : XXXX XX/XX/XXXX CAPITAL ONE BANK USA XXXX XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XXXX ( XXXX ) XXXX To Whom It May Concern : Please be advised this is my SECOND WRITTEN REQUEST about THE ERRORS YOUR COMPANY IS REPORTING AGAINST ME ON MY 2 CREDIT REPORTS. Yet again, you have failed to provide me with a copy of any viable evidence THIS ACCOUNT IS BEING REPORTED ACCURATELY. 
1. The payment status on this account was never verified it shows a last payment made in XXXX/XXXX and I know this is false. 
2. This account was sold to a collections company who has sent me many letters stating they now own it 3. Since the account has been sold this account needs to be deleted as it is being reported inaccurately this is the 2nd warning As it stands now the reporting is a clear violation of the Fair Credit Reporting Act. ( FCRA ) I would also mention that one needs to also insure your employees are receiving and following the proper training in regard to your chosen industry. This statement is in reference to the past nature of your correspondence/communication. The Court has stated the following, which you should be quite familiar with : The Fair Debt Collection Practices Act, 15 U.S.C. 1692-1692n ( " FDCPA '' or " Act '' ), under which this case arises, is premised on the congressional belief that " 'every individual, whether or not he owes the debt, has a right to be treated in a reasonable and civil manner, ' '' Baker v. G.C. Services Corp., 677 F.2d 775, 777 ( 9th Cir. 1982 ), citing 123 Cong. Rec. 10241 ( 1977 ). 

At this time, we solely seek the correct remedy to our credit report AND DELETE THIS ACCOUNT From all 3 bureaus. It is in good faith that we will assume your employees in the future will follow the rules of the FCRA/FDCPA with any of your other clients you may have, as they have failed miserably thus far in our case.

We stress that this matter requires your immediate attention as I am currently, due to your reporting inaccuracies, experiencing financial injury. In addition, now that you have been AGAIN PROPERLY notified of your error in writing, you may not continue to report the information as it is, in fact, an error. Should you not correct this we will pursue the extent of damages incurred BY ME, the injured partY, as deemed by the courts. ( US Court of Appeals, Ninth Circuit, No. 00-15946, Nelson vs. Chase Manhattan ) If you need to contact ME regarding this account I request all correspondence be sent to the address below and will NOT accept phone calls from you or your associates. All correspondence will be in writing/EMAIL only.

If this matter isnt fixed immediately, I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 600-618 regarding your continued willful and negligent noncompliance.

Despite two written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your first investigation and subsequent reinvestigation, you stated in writing that you verified that these items are being reported correctly. Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Federal Law. Furthermore, you have failed to provide the method of verification as an Original Wet Note signature Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified.

The law is very clear as to the Civil liability and the remedy available to me if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. AND if not fixed immediately, I will be seeking a minimum of {$1000.00} in damages per violation for : 1 ) DEFAMATION 2 ) VIOLATION OF FCRA ACTS ( SECTIONS INCLUDING, BUT NOT LIMITED TO, 807-8, 623-a-3, 616-617, 623 ( a ) ( 5 ), 623 ( a ) ( 1 ) ( C ), FCRA 623 ( a ) ( 2 ) ( B ), FCRA 623 ( a ) ( 5 ) ( A ), FCRA 623 ( a ) ( 5 ) ( B ), FCRA 623 ( a ) ( 7 ) ( G ) ( i ) ) I demand the following accounts be verified or deleted immediately.

Thank You, XXXX XXXX XXXX

Company response to consumer: Closed with explanation