Consumer complaint received 2023-09-19
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Problem with personal statement of dispute

Complaint:
XXXX claims that they have verified the accuracy of the items on my credit report as verified. Well, how did XXXX verify this information? I requested that XXXX provide me with whom it is that they spoken to on a recorded line alone with this living persons name, contact information, whom it is they work for or what company they are speaking on behalf of, along with a copy of the recording so that I can clarify myself if it is truthful and lawful verification. as well as the time, date, and the persons name that called on behalf of XXXX as well as their position. I have already informed XXXX of the verification methods that XXXX must obey based on the signature that XXXX representee sign in the contract with XXXX and the FCRA as well as with the United States of America corporation whom all have to obey laws of the constitution as well as the SEC. 
15 usc 1681 3 ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. Validation must come from the original creditor. XXXX XXXX ( Federal Trade Commission ) 31 CFR 903.5 Discharge of Indebtedness ; reporting requirements. The 1099c filling based on IRS topic 431, Canceled Debt makes this account INCOME. Income can not be reported on my credit report and this account must be removed immediately. 

XXXX is NOT investigating the accuracy of information obtained in my credit report based on 15 usc 1681. XXXX is in violation of my consumer rights and I demand that XXXX either send me the recording of the phone call or in person interview that XXXX performed in coming up with this decision of stating these accounts to be verified. 

I request a copy of the recorded phone call, along with all parties names, position, whom they speaking on behalf of, as well as the time, place, date of the recorded call. If XXXX did a in person interview with a live individual then I need the place, time, signed affidavit documentation involved in the communication of the accounts being verified on my credit report. If XXXX CAN NOT provide ALL of the information that I requested, then XXXX must remove the following information below from my credit report. I need the recordings along with ever live persons information involved in the accounts listed below. 

1- XXXX XXXX XXXX also known as XXXX with Acc # XXXX - XXXX claims that they verified this account BUT XXXX has never shown proof of its lawful verification based on my previous complaint sent in on XX/XX/2023. XXXX is a 3rd party collection company whom I never had a contract with and has NO LEGAL proof along with NO authority to report on my credit report. XXXX purchased this account from CAPITAL ONE BANK USA without my written, verbal, or any consent what-so-ever from me the consumer. This is Identity Theft and I have already completed a FTC reporting identity theft and sent it to XXXX. XXXX is ignoring my request and violating my consumer rights. Plus this CAPITAL ONE BANK USA account has been discharged off and 1099c filled with the IRS. 31 CFR 903.5 Discharge of Indebtedness ; reporting requirements. The 1099c filling based on IRS topic 431, Canceled Debt makes this account INCOME. Income can not be reported on my credit report and this account must be removed immediately. 

2- KOHLS/CAPITAL ONE Acc # XXXX is also a ( paid charged off ) account. IRS topic 431, Canceled Debt makes this account INCOME. Income can not be reported on my credit report and this account must be removed immediately. 

3- XXXX XXXX Acc # XXXX XXXX DOES NOT have my consent to report this account on my credit report. This is a closed account and is no longer a collectable account. I demand that XXXX CEASE AND DESIST in reporting this account on my credit report and remove this account immediately. Any consent that XXXX though they had in reporting this XXXX XXXX account is now revoked. Definition of CLOSED ACCOUNT is any account that has been deactivated or otherwise terminated, either by the customer, custodian or counterparty. At this stage, no further credits and debits can be added. This account is reflecting as closed by the consumer on my credit report and a closed account is not collectable. This account keeps being reported inaccurately by XXXX and needs to be removed immediately because this account is considered income.

Company response to consumer: Closed with explanation