Consumer complaint received 2021-07-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: KY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
For : Federally Protected Consumer Rights Violations Under 15 USC 1692, 15 USC 1681, 1602 Notice to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor, administrator, holder in due course for any and all derivatives thereof for the surname/given name XXXX, XXXX, and I hereby claim that I will d/b/a XXXX, XXXX and autograph as the agent, attorney in fact so be it, The Fair Debt Collection Privacy Act is intended to secure my right to privacy and my privacy have been breached so be it and ; I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and or with any affiliates will ensure my privacy rights wont be violated again due to my lack of consent. 

Pursuant to 15 USC 1681c- my consumer rights were violated by not having the alleged debt deleted from my credit file when I informed you that I was a victim of identity theft. I never applied for a loan which would cause me to be in debt and owe any outstanding balance. It is unlawful to attempt to collect on a debt that is not owed. The civil liability for this violation is {$1000.00}.

Pursuant to 15 USC 1681b- my consumer rights were violated by not having my written instructions to report anything on my behalf to any credit reporting agency. There is no permissible purpose to report anything without my prior authorization! There is no law that states you have to report anything be reported to any credit reporting agency so I demand it be deleted from all credit reporting agencies immediately. The civil liability for this violation is {$1000.00}.

Pursuant to 12 CFR 226.15- Right of Rescission- I was never told about my Right of Rescission of this alleged debt. Can you produce where a Right of Rescission was given to me? You can not because one was never sent to me. The civil liability for this violation is {$1000.00}. 

Pursuant to 15 USC 1692e- A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. The character, amount, or legal status of any debt. All of the account statements that was sent to me in a positive balance was very deceptive in me thinking that I had a positive account balance every month not an alleged debt. The civil liability for this violation is {$1000.00}.

Pursuant to 15 USC 1692c- I did not give any prior consent to communicate to me about the collection of any debt. Communication is reporting
any information to my credit file that suggest I owe an alleged debt. That is a direct violation and civil liability for this violation is {$1000.00}.

Pursuant to 15 USC 1692d- A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. I am being harassed by having this alleged debt on my credit file and its damaging my reputation. You are purposely trying to oppress and abuse me with the collection of this alleged debt. The civil liability for this violation is {$1000.00}.

Pursuant to 15 USC 1692g- The validation of debt that was provided to me in past account statements is incorrect. If this alleged debt was created from my open end credit plan my credit card which is my social security on the credit application then I would be the original creditor. If I am the original creditor to myself, how could I be in debt to myself? 15 USC 1602- Truth In Lending- tells me that my social security card is a credit card. Its not just a credit card but an open ended credit card. If I am the one who initiated the alleged debt and was given credit that I originally extended then how could I be forced to pay it back. Can you provide me any documents where I signed a Loan Application which would show that any money was actually given to me? If a Credit Application was signed then that is two completely different things and should be handled differently. I am the original creditor and I can not be in debt with myself. The civil liability for this violation is {$1000.00}. 

I am a federally protected consumer and my rights are being violated. I am being abused and mistreated and my intelligence is being insulted with this alleged debt that you are sayin I owe. I demand that the account be deleted from your system and XXXX  out in balance and any liability be taken away from me. I demand that any reporting of this account be deleted from any credit reporting agency system. I demand that any payments that was received on this account be mailed to me via check to my address. I demand that I am paid {$7000.00} for the violations that was committed against me violating my consumer rights. I have been more than reasonable trying to get this issue handled for many month using communication through the CFBP and the FTC and I have a long paper trail. I refuse to keep being abused and taken advantage of. If my demands are not met then I will escalate my issue and seek further remedies! 

XXXX XXXX

Company response to consumer: Closed with explanation