Consumer complaint received 2020-09-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Debt Validation Letter XX/XX/2020 XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Be advised this is not a refusal to pay, but a notice sent persuant to the Fair Debt Collection Practices Act, XXXX XXXX XXXX stating 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 your offices provide me with competent evidence that I have any legal obiligation to pay you. 
At this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX  or XXXX  ) this action may 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 and your client for the following : Violation of the Fair Credit Reporting Act, Violation of the fair Debt Collection Practices Act, And Defamation of Character. 
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigagte this information, during which time all, collecion activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my creedit reprots, i will consult with my legal counsel for suit. This includes any listing of any information to a credit reporting repository that could be inaccurate or invalidated. 
If your office fails 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. 
XXXX XXXX CEASE AND DESIST Persuant to 15 USC 1692c. ( c ) I am notifying you in writing that I refuse to pay this alleged debt, and I am demanding that you cease all forms of communication with me through any and all mediums. 
Persuat to 15 USC 1692c. ( c ) ( 2 ) - I am invoking my specified remedy as a consumer, and the original creditor I am demanding all of the following : XXXX out the balance of my account. 
Delete all consumer reports. 

Best Regards, XXXX XXXX 1. Name and address of alleged creditor. 
2. Name on file of alleged debtor.

3. Alleged account #.

4. Address on file for alleged debtor.

5. Alleged account #.

6. Amount of alleged debt.

7. Date ( this alleged debt became payable ) 8. Date of original charge or delinquency.

9. Was this debt assigned to a debt collector or purchased.

10. Amount paid if debt was purchased.

11. Commission for debt if collection efforts are successful.

Please attach copies of the following : Agreement with your client that grant collecting agency authority to collect this alleged debt.

Signed agreement debtor has made with debt collector, or other verifiable proof Debtor has a contractual obligation to pay debt collector.

Any agreement that bears the signature of the debtor, wherein agreed to pay creditor. 
All statements while this account was open. 
Have any insurance claims be made by ay creditor regarding this account? 
yes? XXXX no? XXXX Have any judgements been obtained by any creditor regarding this account? 
yes? XXXX no? XXXX Please provide the name and address of the bonding agent for Capital One Bank ( USA ), N.A.

Authorized Signature of Creditor : _____ Date : ______ You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 days from the date of your receipt of this letter. 
YOur claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for a validation made pursuant to the Fair Debt Collection Practices Act. 
Please allow 30 days for processing after I receive this information.

Company response to consumer: Closed with explanation