Consumer complaint received 2022-02-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
I participated in a consumer credit transaction to purchase property ( a vehicle ) for personal use on XX/XX/2021. CAPITAL ONE AUTO FINANCE began sending me statements in the mail demanding payments and stating that they gave me a loan. I asked CAPITAL ONE AUTO FINANCE to provide me with a contract that binds both parties ( Myself & them ) and they sent me a contract from the dealership ( that is deceptive and fraudulent to begin with since this was to be a consumer credit transaction not a loan ) that is signed by the finance manager at XXXX XXXX XXXX, which is not a contract between CAPITAL ONE AUTO FINANCE & myself. CAPITAL ONE AUTO FINANCE and I did not have a meeting of the mind so their alleged contract can not be true. There is no contract with CAPITAL ONE AUTO FINANCE signature on it so any contract that they claim they have is not valid. I also requested they send me verification of their claim against me and to disclose to me who the original creditor is as well as the actual accounting for this transaction. CAPITAL ONE AUTO FINANCE is committing mail fraud by sending a statement in the mail demanding payment without putting the notice as required under 39 USC 3001. They are guilty of 31 USC 3729 because my credit card social security card was used to initiate this consumer credit transaction and the social security number belongs to the Social Security Administration. Anything purchased with that identifier is an obligation of the United States pursuant to 18 USC 8. Anyone attempting to collect a debt from me, a consumer, is guilty of the False Claims Act 31 USC 3729-3733. Since there was a finance charge involved, that was to be the sum of all charges and in a consumer credit transaction, cash is not to be included but I was required to give XXXX XXXX  XXXX & CAPITAL ONE AUTO FINANCE a down payment of {$5500.00} which is a violation of 15 USC 1605. I did not get full disclosure of the transaction and did not receive material disclosure breaking down the method as to how the finance charge was determined as 15 USC 1605 requires. On XX/XX/2021 I sent CAPITAL ONE AUTO FINANCE and CEO XXXX XXXX an Affidavit testifying to my truth and pointing out the violations that they committed against me, the consumer and they have failed to respond and or rebut my Affidavit line by line. An Affidavit thats not rebutted line for line stands as true. 
I did not give CAPITAL ONE AUTO FINANCE consent to communicate with me, violation of 15 USC 1692c ( a ) ( 1 ). They are sending me statements in the mail demanding payment but the amount is in the positive. This is false and misleading and a billing error pursuant to 15 USC 1666 ( b ) ( F ) ( 4 ) ( 5 ) and a false representing of the character amount 15 USC 1692e ( 2 ) ( A ). I demanded that they cease communication with me on XX/XX/2021 and they continue to send statements demanding payment, violation of 15 USC 1692c ( c ). They are reporting this alleged debt to the consumer reporting agencies without my consent, violation of 15 USC 1692c ( b ). CAPITAL ONE AUTO FINANCE failed to disclose in their initial communication with me that this was an attempt to collect a debt, violation of 15 USC 1692e ( 11 ). They failed to provide me notice of content in debt validation within 5 days of initial communication with me as required under the Fair Debt Collection Practices Act 15 USC 1692g ( a ). Since I disputed this alleged debt with them they applied the payments that I made to this alleged debt and I demanded that they return all payments to me including my down payment of {$5500.00} but they failed to do so which is a violation of 15 USC 1692h.

Company response to consumer: Closed with explanation