Consumer complaint received 2024-01-07
Product: Credit card — General-purpose credit card or charge card
Issue: Incorrect information on your report — Information belongs to someone else
Company: CAPITAL ONE FINANCIAL CORPORATION (NV)

Capital One XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account # XXXX & XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT RE : Failure to Properly Validate Debt This is my second notice advising your office that youre in violation of Fair Debt Collection Practices and 12 CFR 1006.34c and 15 USC 1681. 

On [ XX/XX/2023 ] you received my notice for validation of Debts pursuant 12 CFR 1006.34c and with the appropriate information to validate alleged debt. It has been over 30 days and you have not responded with the requested information that is required by law.

The Fair Debt Collections Practices Act and Fair Credit Reporting Act requires your response with 30 days of receipt of the dispute. I have not received proper response of validating the alleged debt from your company. This is deliberate violation of my consumer rights.

15 USC 1692c ( c ) 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 30 calendar days of receiving previous notice, I 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 [ 15USC Any reporting of this alleged debt to any consumer reporting agency will be taken as an attempt to collect on an alleged debt that not only is fraudulent, but you have no legal right to collect on!

FDCPA 813 [ 15USC1692k ] Civil liability ( a ) Amount of damages ( b ) 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 -- ( c ) ( 1 ) any actual damage sustained by such person as a result of such failure.

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

IN SUMMARY Please do not reply stating you have already responded to my previous dispute. If you can not show proof by confirmation of receipt and or confirmation # with my correct address. Then your office have failed to respond with validation request 30 calendar days from the date of my last receipt. Please remove account from consumer report for failure to validate DEBT.

All references to this account in question must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

In event of non-compliance, I reserve the right to file complaints of violations with appropriate State Attorney, CFPB and BBB.

Verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of the interstate communications in a scheme of fraud by advancing a writing, which you know is false with the intention that others rely on the written communication to their detriment a violation of United States Code Title 18 Part 1 chapter 63 S 1341 Yours truly, XXXX XXXX CC : XXXX XXXX XXXX ESQ ( All Rights Reserved ) FWD : Consumer Financial Protection Bureau XXXX XXXX XXXX