Consumer complaint received 2021-08-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, AL XX/XX/XXXX Capital  One  XXXX XXXX XXXX XXXX, Va XXXX XXXX : Account ending in XXXX Capital  One  Case : XXXX Dear Capital  XXXX  : I am responding to your contact about a debt and CFPB case : XXXX. You responded to me on XX/XX/XXXX. 

Nothing trumps Federal Law, and I know who I am as a consumer. As a Consumer/Natural Person, Im aware of what a cease and desist status means pursuant to FEDERAL LAW 15 USC 1692g ( b ). Let me explain to you further, pursuant to 15 USC 1692g ( a ) you shall provide me a written notice containing the notice of the alleged debt which you have not provided on multiple attempts. Pursuant to 15 USC 1692g ( b ) nothing is to be collected until you provide me with the name and address of the original creditor which you have not provided. The alleged debt is not for me to pay, I only came to extend my credit not pay an alleged debt. 


Please supply the information below so that I can be fully informed : Why do you think I owe the alleged debt and to whom I owe it, including : The name and address of the original creditor Provide verification and documentation that there is a valid basis for claiming that I am required to pay the alleged debt to the current creditor. For example, you MUST meet all the requirements per Federal Law of the validation of the debt. ( A written agreement is not one of them ) The information you have provided in your letter is not sufficient when it comes to the validation of debt per Federal Law. I only came to extend my credit. You are correct, the account is mine but the alleged debt is not. Since you have admitted that the account is mine, why did you restrict it? You have caused compensatory damages to my feelings, you have brought shame, humiliation, damaged my reputation, and mental distress. You do not have the authority to restrict or close my account and say I still owe an alleged debt.

As a consumer, I have a RIGHT TO RESCIND payments to my designated account pursuant to Federal law 15 USC 1635 ( b ) in the case of any consumer credit transaction which is what took place on XX/XX/XXXX, when I opened the account. 

You have breached your contract with false and deceptive means to collect or attempt to collect an alleged debt concerning a Consumer Pursuant to 15 USC 1692e ( 10 ).

You are also in dishonor to my affidavit because you did not rebut it POINT FOR POINT. The rebuttal must be answered line for line and complete with an affidavit which you did not provide.

I also received a letter stating you restricted my account and you still did not validate anything. You also stated there was a disagreement code I violated, but you are the one that violated Federal law. I was just exercising my right as a consumer.

In another letter, you also stated to stop using the account, but it is my account and that was offensive which is a violation of Federal Law. You do not have the authority to close out an account that is not yours. I will not pay on any alleged debt that is not mine and you will also be in violation if anything changes my credit report I never gave you direct consent to furnish in the first place. 

It will be in your best interest to handle this issue accordingly, Im not going back and forth after this. I know the Laws. 


Thank you for your cooperation. Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation