Consumer complaint received 2016-03-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IN
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
On XXXX XXXX XXXX I received a lawsuit notice from my county that I was being sued by Capital One Bank for {$2300.00}. I was shocked about this because I sent multiple letters to Capital One that the debt was not mine and asked them to validate the debt they say I owe or stop contacting me. Only response I did get was letters saying that I had applied for credit online and I owe the money from XX/XX/XXXX. No copy of a contract with my signature and I have never had an account with Capital One or any type of credit cards with them. Even if you pull up my credit report Capital One is no where to be found. I decided to fight the allegations because I never received credit from this bank and they never showed any proof that I owed them this money. I thought it would be an easy case and the judge would make them show proof that I owe them. I asked the courts to have Capital One show proof by requesting contract with my signature or any docs showing I owe the alleged debt but I was denied anything showing this, judge even denied my discovery request that I asked them to show any evidence of anything about the debt, even some type of agreement. Capital One does not have anything other than some old statements from another company which is a third party company that anyone could have created. I asked Capital One to show where they may have received an assignment for this debt from third party but there was nothing showing this either other than an affidavit that said I owed the debt from some rep that works for Capital One. This is hearsay but courts granted Capital One a judgement even though they did not proof or have any evidence that I even own the debt. I have denied that I owed the debt since XX/XX/XXXX and no one from Capital One has sent me anything showing that I borrowed money or received any credit from them. They keep pushing that I owe this money but I have stated several times this debt is not mine and if it is please show proof. Within our court hearing the attorney that represents Capital One even stated they do not have any records other than the statements and the debt was purchased bulk with other debt accounts. They can not confirm that this debt belongs to me. They are just going after me due to old statements that they received when purchasing bulk debt. Not sure how you can say I owe something when you do n't have any type of agreement that says I will pay or I owe this money to you. The judgement was granted for Capital One to move forward with the collection of debt but I think my case was not handled fairly or even given due process. How can you grant someone money but the party that is suing for the funds do not have anything showing they have the right to collect. Capital One came from nowhere and just stated I owe the debt without evidence. They keep ignoring my request to show an agreement, assignment, contract, correct balance and it seems like the courts are working with them to collect this debt that is not mine. Not sure what else I can do other than to complain to CFPB due to Capital One continuing an attempt to collect a debt that I do not owe. Never had an account with Capital One and they ca n't even show that I had an account with them, where I made payments with them or even signed an agreement with them.

Company response to consumer: Closed with explanation