Consumer complaint received 2024-05-15
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: CAPITAL ONE FINANCIAL CORPORATION (PA)

Subject : Dispute of Collection Notice under 42 Pa. C.S . 5525 ( a ), Code 1099-C and 15 USC1681 ( e ) Dear Sir/Madam, I am writing to formally dispute the collection notice I received from Capital One, dated [ insert date of the collection notice ], regarding account [ insert account number ]. Pursuant to Pennsylvania law under 42 Pa. C.S . 5525 ( a ) and the Internal Revenue Code Section 1099-C, I request that Capital One provide me with the necessary information and validation related to this debt.

I have this collection being reported on my consumer report. This debt is not mine and is being reported as a Charge off and under IRS code 1099-C one a debt is charged of its considered income and can not be considered a debt.

Also according to 42 Pa C.S 5525 ( a ) an item should not be listed on my consumer repot.

As per 42 Pa. C.S . 5525 ( a ), creditors are required to provide clear and accurate documentation regarding the debt they claim is owed. Additionally, under Code 1099-C, creditors are obligated to issue a Form 1099-C when they cancel or discharge a debt of {$600.00} or more.

Lastly per U S C 1681 ( e ) b Disputing Capital One 's reporting using 15 U.S.C. 1681 ( e ) ( b ) necessitates a careful examination of the reported information. The provided details reveal discrepancies across the three major credit bureaus, XXXX, XXXX, and XXXX, regarding the account status, payment history, and remarks. While the Fair Credit Reporting Act ( FCRA ) mandates accurate reporting, inconsistencies such as differing payment statuses and remarks raise questions about the accuracy and completeness of the reported data. Furthermore, discrepancies in account type and balance information among the bureaus undermine the reliability of the reported data. Therefore, under 15 U.S.C. 1681 ( e ) ( b ), Capital One 's reporting warrants further investigation and correction to ensure compliance with FCRA standards and to safeguard the consumer 's credit rights. if you look at the item I attached there are many inaccuracies such as the OPENING DATE OF THE CARD, THE LAST REPORT DATE, DATE OF LAST ACTIVE AND DATE OF LAST PAYMENT these things are inaccurate across all three consumer reports I am disputing the validity of the debt mentioned in the collection notice for the following reasons : Lack of Validation : The collection notice fails to provide sufficient documentation validating the debt. According to Pennsylvania law, creditors must provide clear evidence supporting the legitimacy of the debt, including but not limited to, the original creditor, the amount owed, and the relevant account information.

Failure to Provide Required Information : The collection notice does not include essential details such as the original creditor, a breakdown of the amount owed, and the basis for the debt claim. As a consumer, I have the right to receive accurate and comprehensive information about any alleged debt.

Discrepancies in Debt Amount : There are discrepancies between the amount claimed in the collection notice and any previous statements or communications regarding this account. I request clarification and justification for these differences.

Given the aforementioned reasons, I kindly request that Capital One : Cease all collection activities related to the disputed debt until sufficient validation is provided. 
Provide me with detailed documentation validating the debt, including the original creditor, the amount owed, and the basis for the debt claim, as required by Pennsylvania law. 
Clarify any discrepancies in the amount claimed in the collection notice compared to previous statements or communications regarding this account.