Consumer complaint received 2015-05-14
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NC
Product: Debt collection
Sub-product: Credit card
Issue: Disclosure verification of debt
Sub-issue: Right to dispute notice not received

Complaint:
I thought I had submitted a dispute to the creditor 's response. For an unknown reason my complaint shows undisputed with CFPB. 
This is to dispute Capita One response to case number XXXX and add matters not included in the original complaint. 
The bank claims that there are no records indicating that a payment plan was agreed. The plan consisted of monthly payments of {$190.00} for six months and then the account was going to be placed on a permanent payment plan. The bank 's response is not credible since the bank has records of all calls and they indicate when they call or is called by the consumer that all calls are recorded. I spoke with collection officers in several occasions. The bank should be asked to produce the telephone records for the call when the first payment for {$190.00} was made. The record would should that that amount was established by the bank to provide a period of performance before the account was to be permanently placed on a payment plan. 
The records will also show that I was advised to make a minimum payment before the account was 180 days to prevent charge off. I made the payments before the 180 days. The account never became 180 days past due. The record will show that a delay by the bank in posting a payment resulted in the charged off of the account. In addition, the bank should provide a copy of their internal policy ( which they quoted several times ) that requires charge only when when the account becomes 180 days past due. The account never became 180 days past due. 
The bank failed to address the violations of the Truth in Lending Act and Fair credit Reporting Act cited in the complaint. It appears that the bank is hiding these records to conceal a violation of these regulations. 
New information not included in the original complaint. 
The bank used unfair and deceptive acts and practices. It was unknown to me that at the time I was talking to someone I taught represented Capital One I was dealing with a collection agency. In violation of the FDCPA the debt collector, XXXX XXXX, XXXX, did not disclose at the time they stated calling me that they are a debt collector. XXXX XXXX is a debt collector owned by Capital One. Capital One deceptive acts includes the use of debt collectors such as XXXX XXXX or XXXX XXXX, to collect on defaulted credit card accounts, but it calls these debt collectors a " servicer '' of the account and pretends that the account is not in default in order to get around FDCPA liability. Their deceptive practice includes the use of letters that look like they are coming from Capital One Bank, including the Capital One logo. 
Capital One Services discloses in the small print, that they are a debt collector, but they only do that after they have made several calls and after reaching and agreement with the creditor. The letter containing the terms of the agreement is the first time they disclose that they are debt collector. In addition, the letter indicating the terms of the agreement is made written with the intention to deceive since they make it look like it is from Capital One Bank. Failure to disclose that Capital One is a debt collector is a violation of the FDCPA.

Company response to consumer: Closed with explanation