Consumer complaint received 2023-06-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
My name is XXXX XXXX XXXX, a federally protected consumer, and I am making this complaint against XXXX XXXX XXXX XXXX for violating a cease and desist notice multiple times they received on XX/XX/XXXX and for continuing to invade my individual privacy by committing abusive, deceptive, and unfair debt collection practices ( See Exhibits 1 - 5 ). On XX/XX/XXXX complaint XXXX XXXX, XXXX XXXX XXXX XXXX stated in their response, As XXXX XXXX indicated in his Complaint, he is requesting that XXXX  cease and desist from further contact. XXXX has noted their system of record of XXXX XXXX cease and desist request on both Accounts. XXXX will not contact XXXX XXXX unless required or allowed by law. Pursuant 15 USC 1692c ( c ), it clearly states to cease ALL forms of communication through ANY and ALL mediums. XXXX XXXX XXXX XXXX has repeatedly violated the cease and desist notice. 

XXXX XXXX XXXX XXXX has committed multiple Fair Debt Collection Practices Act ( FDCPA ) violations and violates my federally protected rights. XXXX XXXX XXXX XXXX has failed to provide competent evidence that I have any legal obligation to pay the alleged debt. A copy of the Consumer Agreement and account statements ARE NOT sufficient to validate the debt. Validation REQUIRES presentment of the account and general ledger statement signed and dated by the party responsible for maintaining the account. Per UCC 9-201, I request XXXX XXXX XXXX XXXX to provide me with the original accounting under the Federal Rules of Evidence ( FRE ) 1002. 

Furthermore, XXXX XXXX XXXX XXXX has no legal standing to sue, nor legal standing to collect debts in Arizona. I have not validated any alleged debt with XXXX XXXX XXXX XXXX, and my failure to dispute the validity of this alleged debt shall not be construed as an admission of liability pursuant to 15 USC 1692g ( c ), yet XXXX XXXX XXXX XXXX sued me. As of XX/XX/XXXX, I have not received any documentary evidence, such as a trilateral contract, giving XXXX XXXX XXXX XXXX ANY right to collect on this alleged debt. XXXX XXXX XXXX XXXX is doing unlawful extortionate activities and theft by deception by attempting to furnish false and deceptive forms. 

XXXX XXXX XXXX XXXX has committed Aggravated identity theft pursuant to 18 USC 1028A. I never gave XXXX XXXX XXXX XXXX  verbal, nor written approval, nor did I give ANY authorization for any of my personal or financial information. No consent is identity theft. XXXX XXXX XXXX XXXX is attempting to collect via Identity Theft while utilizing the court systems to do so which is misleading. An Identity Theft Report has been submitted through the Federal Trade Commission ( FTC ) and will also file a complaint with the Secretary of State. Since personal and financial information was obtained by this law firm, XXXX XXXX XXXX XXXX is acting as a debt collector, which also is a violation of the FDCPA which states that a debt collector can not be a law firm and a debt collector ; it has to be either/or but can not be both. 

Finally, as I stated in my previous complaint XXXX  XXXX on XXXX, I am aware that all charge-offs are sold to a securitized trust ( FAS 140 ) and what remains on the transaction is an empty Account. For a creditor to have any legal standing they must repurchase the debt. They can not collect what they do not own and still proceed to collect on it, let alone illegally place an Account with a third party ( XXXX XXXX XXXX XXXX ) to attempt to collect. This is misleading and deceptive which violates Federal and State Laws. Once the alleged loan goes into default and is assigned to a debt collector, the effective law changes. The FDCPA is now the law under which action is governed. Once under the conditions of the FDCPA, debt collectors have no legal right to ply the legal remedies owed only to creditors who make loans, including notices of default, assignments to servicers, substitutions of trustees, etc. XXXX XXXX XXXX XXXX is in violation of 15 USC 1692j ( a ) because its unlawful to design, compile, and furnish ANY FORM knowing that such form would be used to create the false belief in me, the consumer, that the creditor is participating in the collection of or in an attempt to collect an alleged debt.

Company response to consumer: Closed with explanation