Consumer complaint received 2024-09-06
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Card opened without my consent or knowledge
Company: CAPITAL ONE FINANCIAL CORPORATION (VA)

[ XX/XX/XXXXXXXX  ] ____________________________________________________________________________ XXXX XXXX XXXX XXXX, XXXX, Virginia [ XXXX ] RESPONDENT ( S ) : XXXX XXXX CAPITAL ONE FINANCIAL CORPORATION XXXXXXXX XXXX XXXX XXXX XXXXXXXX, Virginia, XXXX Principle Office : XXXX XXXX XXXX CAPITAL ONE FINANCIAL CORPORATION RE : Capital One Account Number XXXX QUALIFIED WRITTEN REQUEST ____________________________________________________________________________ This is a continuing attempt to Validate a Debt. I come now to exercise my lawful right to question the validity of this debt your agency claims has come due. THIS is not a refusal to pay but serves as NOTICE under the authority of the Truth-In-Lending-Act ( TILA ) 1604 ( e ), 15 U.S.C. 1601 et seq. ( 1968 ) and 1692 et seq., and the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g to Cease and Desist collection/foreclosure actions and validate the alleged Installment loan. This especially applies to Attorneys who regularly collect debts. XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX S.Ct. XXXX ( XXXX ). 

We are requesting copies of all Documents since the consummation of the loan to further ensure a Validation of Debt and a Request for accounting. 

We have several concerns here. We have never contracted with Capital One Financial Corporation. nor XXXX XXXX we have never nor does the contract stipulate that our note could be securitized and traded on the open market for profit without our knowledge and if sold, we were to receive written notice to whom it was sold. 

It appears that the original lender, Capital One Financial Corporationhas attempted to assign the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, and failed to notice us while also selling the note to an unknown party without Notice us of the sale which in itself is a violation of the Installment Loan. With the assignment of the Installment Loan there has been a separation of the Installment Loan and Note that leaves the Note holder with an unsecured debt. 

We have never received notice from anyone regarding the sale of the note and demand that you provide said notices. 

Now XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, another stranger to us, sends us letters threatening foreclosure action. Without proof that XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX has the authority to enforce the Installment Loan, collect payments, or even mail anything to us, let alone make threats, we have no reason but to believe our Federal Protected rights are being violated. As we have never received notice from the original lender telling us that XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX has such authority. We are requesting proof of said authority by providing original documents. Copies or facsimiles will not be accepted. 

According to the Installment Loan, specifically the Sale of Note, Change of Loan Servicer, Notice of Grievance section, it specifically states ; If there is a change in the Loan Servicer, the Borrower will be given written notice of the changes. 

We demand to see the notices from the original Lender as required by law and not from XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX or Capital One Financial Corporation. The issue at hand is simple, the Mortgage requires the Lender to send us notice that they have sold or assigned the servicing rights otherwise we have no way of knowing that XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX or Capital One Financial Corporation have the right to collect or enforce payment on behalf of the owner of the note. 

We are requesting proof of the aforementioned authority and the Validation of Debt within 3 calendar days of receiving this Qualified Written Request by Providing us with the original signed instrument that shows agreed to pay what you say owes. No Photocopy of a Photocopy will be accepted. If you choose to send unacceptable documents, it will be construed as non-compliance. 

Also : Provide verification of any judgment if applicable ; Identify the original creditors Legal name and process server information ( required under UCC and FDCPA, FCRA ) ; Prove the Statute of Limitations has not expired on this account Prove that you are licensed to collect in this State. 

Provide verification along with your license numbers and Registered Agent We hope you understand that we are not refusing to pay any obligations we might have with the original Lender, but with all of the Installment Loan and foreclosure fraud, we need validation that the contractual obligations were met by both sides. 

With the receipt of this notice and demand, we are asking that you execute and deliver a retraction of any Notice of Default and that you freeze any foreclosure or any negative actions against my credit reported to corresponding credit agencies until this matter is resolved. 

Please do not contact us by te

lephone. In Order to avoid any misunderstanding, all communication shall henceforth be on the record, i.e. in writing and duly served. All communications and official documents
should be sent directly to the mailing address provided below.