Consumer complaint received 2021-06-12
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: Threatened to sue you for very old debt

Complaint:
Capital One credit card is breaking the Fair Debt Collection Practices Act and consumer rights protection laws. They sold my debt to XXXX XXXX XXXX a collection agency who has continued to break these consumer rights through misrepresentation, harassment, communication with 3rd parties, deceptive forms, and unfair practices. 
In XX/XX/XXXX I paid {$350.00} on a credit card to Capital One. XX/XX/XXXX I paid {$110.00}, XX/XX/XXXX {$240.00}, XX/XX/XXXX paid {$95.00}, XX/XX/XXXX paid {$95.00}. The minimum due was {$92.00} at this time which was not even covering the interest. Although I was trying to pay more than the min due for many months I began to fall into the revolving interest trap. Capital One uses unfair practices including exorbitant interest rates and fees. XXXX of XXXX I missed a payment and the minimum due jumps from {$92.00} to {$220.00}. XX/XX/XXXX min due jumps to {$260.00} and I am able to make a payment of {$92.00}. Then in XX/XX/XXXX I missed a payment again due to a loss of wages and the min due jumps up to {$390.00}. XX/XX/XXXX min due is {$490.00}. XX/XX/XXXX {$590.00}. XX/XX/XXXX {$690.00}. Now it became impossible for me to catch back up with the payments which I was only paying interest on to begin with. Then Capital One sold the debt to the debt collection agency XXXX XXXX XXXX. Breaking communication with 3rd parties act XXXX XXXX XXXX sent a man to my door where my underage daughter answered. He tricked her into opening the door telling her he had an important package for her mother. Then he proceeded to throw the papers at her telling her she was " served ''. She was mortified when I got home. Then XXXX XXXX  XXXX began the harassing phone calls, They continued harassing with daily and weekly calls through out the National Pandemic of Covid 19 where I explained to them that I no longer had a job and had been given a notice to vacate from my house. The times I had tried to work out a payment plan with them they refused to take anything less than what they deemed as " substantial '' in the amount of {$350.00} which I explained that I could not afford. I continually asked XXXX XXXX XXXX for a validation letter which I never received until I was sent the paper filings from the courts. I only received letters stating they are from " the attorney '' threatening " If I wish to avoid further collections activity. '' When I called XXXX XXXX XXXX they claimed that they were not attorneys and they did not work for Capital One. Yet the court documents were misrepresented by stating I was being sued by " Capital One '' and not the collection agency XXXX XXXX XXXX. All paperwork of correspondence state that they are from XXXX XXXX  XXXX  attorneys. Court Papers were by " Capital One '' and employees that I spoke with were the from a collection agency named XXXX XXXX XXXX. I never spoke to the attorney until I was at court where he agreed to call me after the judge deemed them to " work things out '' with me. When I spoke to the attorney and explained that I did not have a job or house, he explained that they would only take an amount that was " substantial '' and wanted {$150.00} a month. I stated that what is substantial to a XXXX dollar company such and Capital one was not the same as what is substantial to an individual without a job and house. Interesting note that Capital One had been " bailed out '' when they were in debt. He explained that if I did not agree they would just take more $ from me when he got the judgement from the courts. He finally agreed to {$75.00} a month which he explained if I missed or was late on any payments then they would take me back to court and get the max amount of money. Through this intimidation I agreed and was given no other choice. Another thing I found strange is the flag on the XXXX XXXX XXXX website is from the XXXX XXXX. Am I being sued from a company that's from the United States? Is XXXX XXXX XXXX a law firm, collection agency, or are they Capital one?? Court documents stated Capital One, letters are from attorneys, and employees are employed by the collection agency XXXX XXXX XXXX.

Company response to consumer: Closed with explanation