Consumer complaint received 2021-04-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TN
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/XXXX & XX/XX/XXXX I sent by certified mail ( receipt number : XXXX & XXXX, In an effort to settle this matter in the most efficient possible manner, and CONDITIONALLY ACCEPTED your demand for payment and make an offer to pay in the above named matter, upon your complete and total fulfillment of the following conditions : Condition # 1. A Notarized copy of the ORIGINAL WET INK SIGNED CONTRACT and all other Supporting documentation that give rise to and lawfully support the alleged Obligations you claims is owed to you, a man or woman. 

Condition # 2. Provide me with a sworn and notarized Affidavit, signed under Penalty of Perjury as follows : That your client is the bona fide party in interest and Holder in Due Course of the aforementioned Contract, and that they can and will further produce said ORIGINAL WET INK SIGNED CONTRACT in Condition # 1 above. 

The names, addresses, dates and duration of time during which any and all persons, Corporations, associations, legal firms or any other parties and/or entities who may have had or presently now have any interest in the collection or legal proceedings regarding this alleged obligation That as a claimed debt collector, you have not purchased evidence of this alleged debt and are proceeding solely in the name of the original contracting party or parties. 

That you know, understand and agree that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause. 

That both you and your firm have taken reasonable and prudent due diligence to verify that the amount claimed as owed is, in fact, a legitimate and bona fide debt, prior to instigating this action and making said claim, and that all relevant correspondence, challenges, denials and counterclaims by me have been fully and thoroughly reviewed by and adequately answered by your firm both prior to and since initiating this claim. 

That since initiating this claim, your firm, or associates under your employ, did not contact me at my residence more than three times in any given week or at any other unreasonable time or in any unreasonable manner. 

That you, your firm or associates under your employ, did not fail to identify themselves as a debt collector in any manner or at any time pertaining to this alleged claim.

Condition # 3. Provide written verification in the form of a signed, sworn and Notarized Affidavit from the stated creditor that you are authorized to act on their behalf in this alleged debt collection action.

Condition # 4. Provide the total account and general ledger statement showing the full and complete Accounting of the alleged obligation you are attempting to collect from me, signed and sworn to by the authorized person responsible for maintaining these records and having first-hand knowledge as to their accuracy and authenticity, and are able and willing to testify to same under oath to that effect.

Condition # 5. Provide Certified and Notarized copies of documents showing that you are or represent a bona fide creditor in a collection process to include : A notarized copy of certified documents evidencing that you are allowed to conduct business in the State of Washington as a collection agency.

A notarized copy of the Bond on file with the State of Tennessee allowing your firm to operate as a collection agency. 

A notarized copy of the assignment letter including production of the signatures and status showing your firm as holders in due course of the alleged claim.

Condition # 6. Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally make me liable for this alleged debt.

Condition # 7. Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally allow for the collection of this alleged debt.

Condition # 8. Provide proof that your Notice of Debt Collection, is authorized by such Statutes and enforcing Regulations.

Condition # 9. Provide proof of all relevant signatures and your status as Holders in Due Course of this alleged claim. 
Condition # 10.Provide the name ( s ), address ( es ) and telephone number ( s ) of the bona fide creditor ( s ) pertaining to this alleged debt. Condition # 11. If you are acting as an Agent, provide certified copies of the registered claim upon which you are collecting, showing the name ( s ) of any
and all debtors and the respective bona fide creditor ( s ) as the secured party ( s ).

Which your institution did and can not fulfill as you are a third party interloper to an alleged contractual agreement that you were not named a party too. Nor are you the holder in due course of the original consumer contract and did not satisfy any of the basic premises such as meeting of the minds for a contract of adhesion to occur. Nor did your institution get my consent to enter into this agreement nor provided a subrogation agreement granting you such access. 

So without properly documenting that I have any obligation to you or your claimant pertaining to the above referenced account number, after Verifiable Receipt of this Notice of XXXX XXXX, will establish and constitute that you deliberately intend to use interstate communications in a scheme of fraud by using further threats, intimidation, deceptions and/or enticements to coerce me to commit some act creating a legal obligation and/or XXXX where none exists, previously or presently, as well as constituting that you and/or your firm knew or should have known that by such communication, what you have heretofore attempted to do was, and is, false and therefore unlawful. 

Moreover, until or unless you have fully satisfied all of my demands and claims as stated herein and previously, as well as provided by numerous laws and regulations, both Federal and State, pertaining to this alleged claim, which the courts and/or others who rely upon such written communication may well judge such acts by you as deliberately intended to impair or damage my credit rating, my reputation, my standing in the community as well as to intentionally inflict financial and emotional harm upon me, and I assure you that you do so at your own peril and risk. 

Remove said account from my consumer credit report and close this account within the agreed upon time frame of 14 days or as a litigious consumer I will no choice but to pursue remedy at venue closest to me. You do not have my rights to see this fraudulent instrument to any other party to further damage my person. You purchased a liability and it will stay a liability at your institution.

Company response to consumer: Closed with explanation