Consumer complaint received 2022-04-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Trouble using your card
Sub-issue: Can't use card to make purchases

Complaint:
When i applied for my account with Capital One via my online application, and they asked me for my Social security number and they confirmed that the account was opened on XX/XX/XXXX using my social security number which is an obligation of the U.S. and also defined under Truth-in-lending Act ( TILA ) or Regulation Z as My credit card for my open end credit plan, and i am the authorized officer as defined by 18 U.S.C 8. So i asked. Capital One to Validate the debt Pursuant to 15 U.S.C 1692g, and they have failed to validate the debt because " the account was opened online, there is not a signed copy of an application to provide ''. Now This Failure to comply with my above mentions request for validation pursuant to federal law is mandatory and failure to complete any part of the request is a federal offense when attempting to collect on a debt. So then i put Capital one on notice, that my billing statement was in a positive balance which is attempt to coerce me to believe i actually owed a debt. which is another violation of the FDCPA ( regulation F ) 15 U.S.C 1692e ( 2 ) the representation of the a false character amount on the billing statement. Capital One was trying to collect on this debt in there company name which is another violation of the the subsections or the FDCPA ( regulation F ) 15 U.S.C 1692e ( 14 ). Capital One has been fraudulently acting as a debt collector during the time that i have had my account with their Financial Institution. This cause me a great deal of stress and anxiety do to my false belief that i had to pay them pay all these years. I was forced to spend time away from my family and go to work and get two jobs just to pay them it began to make me depressed and have panic attacks and miss meals and develop eating disorders because i had thought I had to pay backCapital One and had no other choice. Capital One sent me letters with debt collector symbols which Violates the Fair debt collection Practices Act ( FDCPA ) or Regulation F. 15 U.S.C 1692b ( 2 ) and 15 U.S.C 1692f ( 8 ) Capital One used symbols in their communications with me indicating they are debt collectors. Capital one also failed to tell me they are debt collectors pursuant to 15 U.S.C 1692e ( 11 ) Capital one was supposed to disclose to me that they are debt collectors. FDCPA ( Regulation F ) 15 U.S.C 1692c. I asked Capital one to Cease and Desist the Illegal act against me because it was adverse action to me as the consumer. The number of violations i found under the FDCPA ( regulation F ) 15 U.S.C 1692k any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of any actual damage sustained by such person as a result of such failure. I asked for remedy as of XX/XX/XXXX and Capital One continued to discriminate against me. Capital One continued the attempts to collect from me after receiving my cease and desist. i asked them to stop and zero out the balance in the account and increase the my credit limit to $ XXXX and they continued to these unfair business practice according to the FDCPA ( regulation f ) 15 U.S.C 1692f a debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount including any interest, fee, charge, or expense incidental to the principal obligation unless such amount is expressly authorized by the agreement creating the debt or permitted by law. Capital one is attempting to collect on interest on my account. 

Over these past 5 years. Capital one has also conspired with XXXX, XXXX, and XXXX kept me from extending credit with other creditors due to the fact that they have been tarnishing my reputation making it impossible for me to get a new car, a house and other credit devices. They have reported to the those above mentioned Credit reporting agencies that i have late payments and missed payments, when they have received payments from my open end credit plan so there has been a missed or a late payment. Capital One continues to commit adverse action against me. I asked them to update their records and the refused me. 

Capital one has caused me so much stress due to the injuries suffered from their fraud, just trying to remedy this situation with them due to the continued fraudulent activities i hope to get this situation remedied expeditiously. 

Thank you, XXXX XXXX

Company response to consumer: Closed with explanation