Consumer complaint received 2016-01-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
I received a call from XXXX XXXX earlier in XXXX of XXXX regarding an account coming from Capital One. I was completely confused because I currently have an active capital one credit card in good standings that I acquired in XXXX and I also began banking with Capital One Bank in XXXX. I then proceeded to check my credit report and found there is a public file which I do n't know what it 's for. I would like verification of this debt as follows SSN # XXXX To Whom It May Concern, I am sending this letter to you in response to a call I received from your company. Be advised, this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. 

This is NOT a request for " verification '' or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your office provide me with competent evidence that I have any legal obligation to pay you. 

Please provide me with the following : What the money you say I owe is for ; Explain and show me how you calculated what you say I owe ; Provide me with copies of any papers that show I agreed to pay what you say I owe ; Provide a verification or copy of any judgment if applicable ; Identify the original creditor ; Prove the Statute of Limitations has not expired on this account ; Show me that you are licensed to collect in my state ; and Provide me with your license numbers and Registered Agent. 
If your offices have reported invalidated information to any of the XXXX major Credit Bureau 's ( XXXX, XXXX or XXXX ), said action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character If your offices are able to provide the proper documentation as requested, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. 
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel. This includes any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. 

If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls or correspondence sent to any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter. 
This is an attempt to correct your records, any information obtained shall be used for that purpose.

Company response to consumer: Closed with explanation