Consumer complaint received 2024-07-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION (FL)

I originally wrote to CAPITAL ONE AUTO FINAICE on XX/XX/year> to Validate the alleged Debt Pursuant to 15 USC 1692g. 

I told them, it was not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g stating your claim is disputed and validation is requested. 

I told them it was NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully requested their offices provide me with competent evidence that I have any legal obligation to pay them. 

At that time, I also informed them that if their offices have reported invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX or XXXX ) this action may constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by their company or the company they represent, I will not hesitate in bringing legal action against them for the following : violation of the Fair Credit Reporting Act, violation of the Fair Debt Collection Practices Act, and Defamation of Character ( per se ). 

I told them if their offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information, during which time all collection activity shall CEASE and Desist. Also, during the validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This included any listing of my information to a credit reporting repository that could be inaccurate or invalidated. 

I told them if their office failed to respond to the validation request within 30 days from the date of receipt, all references to this account must be deleted and completely removed from my credit file, and a copy of such deletion request shall be sent to me immediately. 



The Following information was required. I requested them to fill out a form i sent in its entirety. 



1. Name and address of Alleged creditor : 2. Name on file of alleged debtor : 3. Alleged Account # : 4. Address on file for alleged debtor : 5. Amount of alleged debt : 6. Date this alleged became payable : 7. Date of original charge off or delinquency : 8. Was this debt assigned to a debt collector or purchased? ____ No ____Yes 9. Amount Paid if debt was purchased : 10. Commission for debt if collection efforts are successful : I also requested they attached copies of the following : Agreement with your client that grants Capital one auto finance the authority to collect this alleged debt. 



Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector.

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor. 



All statements while this account was open. 



Have any insurance claims been made by any creditor regarding this account? 

o Yes o No Have any Judgements been obtained by any creditor regarding this account?

o Yes o No Please provide me the name and address of the bonding agent for Capital one auto finance in case legal action becomes necessary : I told them they had to return the completed form along with copies of all requested information, assignments or other transfer agreements, which would establish their right to collect this alleged debt within XXXX calendar days from the date of receipt of the letter. I said their claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act. Please allow XXXX calendar days for processing after I receive this information. 


On XX/XX/year> I sent them a NOTICE AND DEMAND FOR CEASE AND DESIST. 

I asked them to validate the alleged debt that they claimed that I owe, and all they provided me with were statements and signatures to an account that they could not prove is mine. 

I told the the following : You have violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) Failure to validate this alleged debt.

I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt.

15 USC 1692cI Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. 


If proper validation of this alleged debt is not provided within XXXX calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. 


Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt. 

FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney.

FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney.

With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation.

FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure.

( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}.

Your Options are as follows : 1 ) Delete this account and cease and desist with all collection activities ; 2 ) Settlement ; or 3 ) We go to court, you incur lawyer fees and pay me {$1000.00} per violation along with damages per ruling of the court.

They responded with a letter saying i still owed the alleged debt and that they will cease all communication. A few days after that they removed it from my XXXX account but according to other credit reporting sites it is still on XXXX and XXXX. 

Furthermore, I, XXXX XXXX XXXX never gave ( XXXX, XXXX, or XXXX ) any verbal or written consent to report anything on my consumer report as it relates to this alleged debt. No consent is Identity Theft. A copy of the law is attached. 

They did not have any permissible purpose to furnish my personal information to any third party. 

15 USC 1681b Permissible purpose of consumer reports IN GENERAL Subject to subsection ( c ) any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

This company is in violation of so many laws its crazy. Please handle accordingly.