Consumer complaint received 2021-08-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XXXX XXXX XXXX XXXX XXXX. 
XXXX, PA, XXXX I have attached all correspondence between the debt collectors, Capital One, and I. 

Please be advised that in my initial communication I requested validation, and not verification. Capital One sent me a letter stating that the contact information used to open the account has been linked to me by public records. That is verification not validation, and that only means that this alleged account could have been opened by anyone. Capital One also sent over bank statements and an alleged charge that they assume was made by me, and that is also not validation. Anyone could have made those charges. Pursuant to 1692g no court nor debt collector can validate any debt, they can only assume that the alleged debt is valid. A belief or an assumption is not validation. Only I, the consumer who is a natural person, and the original creditor can validate this alleged debt. I do not validate this alleged debt, this alleged debt does not belong to me. 

Capital One continues to violate my rights under the FDCPA by furnishing and communicating this alleged debt with their affiliates, and consumer reporting agencies. Being that Capital One has yet to provide any documentary evidence that bears my signature on it makes them in violation of section 1692c of title 15. They are also in violation of my rights under the FCRA because the furnishing of this alleged debt is not only a violation of my individual privacy, but also detrimental to my reputation and character as a consumer. Dealing with this alleged debt with the debt collector, Capital One has been extremely stressful and harmful to my mode of living. This is not only fraud, but also abusive practices as said so by congress under the FDCPA. 

Using federal law please explain, who gave your company, Capital One, any right to decline the request of the consumer to change or remove any information from my consumer report? That is not up to you, neither is it your decision. Under the provisions of the FCRA, and the Gramm-Leach-Bliley Act, as a consumer I have the right to opt-out of the reporting of any alleged debt especially any alleged debt that is being reported without my consent. No consent is fraud.

I also never gave Capital One any prior consent to communicate this alleged debt with any person. Capital One violated my rights under section 1692c of title 15 when they communicated this alleged debt with the debt collectors, XXXX XXXX. 

Capital One stated that these alleged accounts are currently in cease and desist. Pursuant to the FDCPA, communication is defined as any direct or indirect communication about an alleged debt. Capital One continuing to furnish this alleged debt to a consumer report makes them in violation of my rights as they are indirectly communicating with me about this alleged debt. 

Pursuant to 15 USC 1692e, a debt collector may not use any false, deceptive, or misleading representation in connection with the collection of any alleged debt, this includes the false representation of any character or amount of any alleged debt. With that being said if Capital One alleges that I owe them any debt why is the balance showing a positive number and not a negative? If the alleged account is delinquent and I allegedly owe Capital One debt, shouldn't it show a negative balance? 

Since Capital One alleges that the account is mine and the balance shows on the alleged statement and correspondence, a balance of {$1600.00}, a balance of {$790.00}, and a balance of {$340.00} that is all shown in the positive. This would mean that I should be credited in the total amount of {$2800.00}, since a debt collector can not falsely represent any character or amount of any alleged debt. 

Also in the last page of correspondence sent by Capital One, regarding the alleged fraud investigation of an alleged charge by XXXX XXXX, it shows an address of XXXX XXXX XXXX. XXXX, PA, XXXX. I have never lived at XXXX XXXX XXXX, XXXX, PA, XXXX, and your company should know this being that your company alleges that you have linked the alleged account to me by public records. 

As a consumer, a natural person, and the original creditor, I am demanding that the debt collector, Capital One do the following within 5 business days : XXXX out the balance of this alleged account ; Delete any and all references of this alleged account ; Remove this account from my credit file ; Issue a refund of the payment of {$340.00} that was made out of XXXX, duress, and harassment when Capital One unlawfully communicated this alleged debt to a debt collector without my consent ; Send me the total credit of {$2800.00} since the balances shown in the correspondence presented by Capital One are in the positive. 

By law, notices from the consumer are official once received by the debt collector. If you fail to comply, as a consumer I will follow up with whatever action is necessary as you will be held liable for noncompliance under the Fair Credit Reporting Act, 15 USC 1692k, the Fair Debt Collection Practices Act, 15 USC 1681n, as well as the Federal Trade Commission Act as any violation of the FDCPA is also deemed as unfair and deceptive acts and practiced under that Act, and the Gramm-Leach-Bliley Act.

Company response to consumer: Closed with explanation