Consumer complaint received 2019-08-31
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On or about XX/XX/XXXX this year I received a letter from XXXX XXXX XXXX, XXXX demanding payment on a debt that is not mine. 

On XX/XX/XXXX I informed XXXX XXXX XXXX that the debt was not mine and requested that they provide me with all of the documentation that made them believe that it is mine. 

On XX/XX/XXXX I received the response from XXXX XXXX XXXX rejecting my dispute and insisting upon full payment. It included a copy of a letter from the original owner of the debt CapitalOne Bank to the real debtor and a summary page with the past due amount. Incidentally, all of the bank correspondence to the debtor was sent to an address in Florida. 

At this point I thought it best to hire an attorney. 

On XX/XX/XXXX my attorney sent a letter to XXXX XXXX XXXX requesting further information. He specifically asked for a complete executed copy of any agreement between CapitalOne and myself. On XX/XX/XXXX XXXX XXXX XXXX again responded but did not send the information he specifically requested. All he received were more summary credit card statements. 

The reason that XXXX XXXX XXXX can not provide any proof that it is my debt - is because it simply does not exist. And yet, on XX/XX/XXXX and again on XX/XX/2019 XXXX XXXX XXXX informed the credit reporting company XXXX that this account was in collection under my name. 

The facts are : 1 ) all correspondence from CapitalOne to the real debtor were sent to XXXX XXXX, XXXX XXXX XXXX CT XXXX, FL XXXX. I have never lived in or even visited Florida. Tax and real estate records will prove this. XXXX own dispute report # XXXX dated XX/XX/2019 validates this. 

2 ) I have a history of paying the balance on my credit cards every month and have done so for at least 20 years. I do not let credit card debt accumulate nor do I make late payments. A simple review of our credit history would have verified this. XXXX own dispute report # XXXX dated XX/XX/2019 validates this also. 

I believe that XXXX XXXX XXXX is in violation of The Fair Credit Reporting Act ( FCRA ) Section 623 by reporting this disputed account to credit reporting agencies after being informed ( multiple times ) that the information is inaccurate. In addition to what I told XXXX XXXX XXXX multiple times, they also have access to my credit history and dealings. Together they would cause a reasonable person to have substantial doubts about the the accuracy of their information. 

XXXX XXXX XXXX can not provide me with any substantive documentation regarding this account such as the original consumer contract that my attorney asked for three months ago. Once again, on XX/XX/2019 I demanded to see all verifiable proof ( an original Consumer Contract with my signature on it ) that they have on file for this account. 

Since XXXX XXXX XXXX falsely and maliciously informed XXXX  that this debt is mine my credit score and rating have dropped substantially, damaging my reputation and impacting my ability to get future credit. This has caused me great pain and mental anguish. Because of this I have filed a complaint with the Texas Attorney Generals Office ( complaint number is XXXX ) and now with the FTCs Consumer Financial Protection Bureau. 

I am also now looking to retain a legal firm specializing in consumer protection matters. I will incur further cost to correct XXXX XXXX XXXX ' errors.

Company response to consumer: Closed with non-monetary relief