Consumer complaint received 2023-03-29
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: CAPITAL ONE FINANCIAL CORPORATION (WV)

At XXXXXXXX XXXX on XX/XX/XXXX, I received a call from an unknown number. The gentleman tried to tell me he was dropping off a certified letter for me to sign for. He asked me if I had received any before in which I told him I had not. After I told him this, he changed the story and said that since I never received a certified letter, I need to call XXXX and use reference XXXX to discuss this issue. He told me he had no idea what this was about but to tell them that XXXX XXXX instructed me to call. Upon calling the number there was no answer. 

We have an internet phone so even though numbers can be masked on the phone, I can look up call records online. I was able to verify that the number that called was XXXX. Upon calling this number back they stated they were the XXXX XXXX XXXX and that this was the Corporate number. They asked about a reference number in which I gave it to them. They said this was in regard to a collections account they purchased from Capital One that Capital One Charged off in XXXX. They said the account was opened on XX/XX/XXXX in my previous married name of XXXX XXXX and at the time of charge off it had a balance of XXXX. I have been married for 20 years and I keep a close eye on all credit reports and there is nothing at all on my credit report from all 3 agencies. So this is in conflict for what this company is trying to say. If Capital one truly wrote it off it would show on my credit report. Specifically, XXXX in which is the credit reporting agency Capital One uses. The Lady gave me the credit card number over the phone and would not offer any other information. She said we had to contact Capital One to have them send a letter stating this account was not in existence. the Credit card number they gave me was XXXX. 

I then contacted Capital One and spoke with them for about an hour. I provided all the information from the law firm on the account. The representative searched all over and was not able to find any account of any kind. He told me that Capital One reports all its credit findings through XXXX XXXX XXXX XXXX. He then gave me the number to XXXX to research even further. 

Upon calling XXXX, they reported no findings at all against my social security number. If Capital one had charged off the account in XXXX it should be there and it would of been reported to them as a charge off. They also confirmed that these records are retained by XXXX for 10 years even if it does not show on our credit report. But they found nothing. 

So here is my concern... If this law firm was to walk into a local circuit court ( local to them ) and file a motion against me, they would send out a certified letter for a written response within 30 days of receipt of the letter. If they would send to an incorrect address and say that it came back as not received and the court would come up with a ruling rewarding the questionable account to the law firm. I know it can be done and it is difficult to prove or reverse the ruling after it is complete. Then you have to get attorneys in the local area of course and contest the ruling and be out attorney fees and work due to travel to and from. Of course, the scam takes this in account and can count on that it would be easier to pay even if it is fictitious. But I can see this possibility because 1. my husband has worked in collections and 2. he has repaired my credit and paid all my debts which were medical bills, and 3. My husband works in cyber security, so he has made me aware of these kinds of scams.