Consumer complaint received 2023-01-23
Product: Debt collection — Credit card debt
Issue: False statements or representation — Impersonated attorney, law enforcement, or government official
Company: CAPITAL ONE FINANCIAL CORPORATION (VA)

I, XXXX XXXX, formerly XXXX XXXX XXXX, received a letter from XXXX and XXXX, XXXX  acknowledging that they are a debt collector. Who were pursuing me for a debt, they say, I, owe to Capital One Bank ( USA ) N.A. In this document they stated that no attorney in their office has personally reviewed the particular circumstances of this account. They also reiterated that their office is acting as a debt collector. The due date that I was given to respond was XX/XX/XXXX. 

However, a Warrant of Debt ( Civil Claim for Money ) was entered at the, XXXX XXXX XXXX XXXX XXXX XXXX, on, XX/XX/XXXX, against me that listed Capitol One ( USA ) N.A, as the plaintiff and XXXX and XXXX XXXX, as their attorney. I appeared in court on, XX/XX/XXXX, to dispute this claim. I spoke with the XXXX and XXXX, XXXX 's, representative, XXXX XXXX, who was present. To whom, I, made it known that I am disputing this claim due to validation issues. She instantly began to name a list of documents she would send to me for this purpose. To include the bill of sale, bill of particulars, and debt verification letter. I only received a partial bill of particulars. I know this because we went back to court on, XX/XX/XXXX, to set a trail date and the judge ordered a bill of particulars and any other evidence to be disclosed to the court and to me as well. I received a second copy of the partial bill of particulars I had received previously, plus additional bill of particulars that were not previously given. 

I attempted to contact the attorney at XXXX and XXXX XXXX, seeking to resolve this matter on two separate occasions. I called the numbers ( XXXX ) XXXX and ( XXXX ) XXXX that was on the documents disclosed to the court and myself by XXXX and XXXX XXXX approximately on, XX/XX/XXXX. The representative whom answered the phone said, " this is a debt collector any information obtained from you will be used to collect a debt, '' I was confused. I asked to speak with the attorney handling this account. The lady repeated to me that, " this is a debt collector not a law firm ''. I was confused even more. I also called on, XX/XX/XXXX, approximately XXXXXXXX XXXX., and spoke with a lady whom again said, " this is a debt collector anything you say will be used to collect a debt, ''. I asked her if Capital One ( USA ) N.A hired them to be their attorney for this case and she seemed just as confused as I was. She said no, we are a debt collector. I asked if they had attorneys there and she responded, " we are connected to attorneys but we are not a law firm ''. 

I contacted Capital One ( USA ) N.A on XX/XX/XXXX, at approximately XXXXXXXX XXXX I, spoke with a man who said, " this account in question is no longer a Capital One, account and, " we turned it over to XXXX and XXXX to handle ''. I asked him if they sold this account to XXXX and XXXX, and he repeated, " we turned it over to them ''. I asked if they hired XXXX and XXXX, to represent them as attorneys for this case. He replied, " No ''!, " They are a debt collector, not attorneys ''. He also informed me that any issues I may have with this account I must contact XXXX and XXXX. 

My complaint is that XXXX and XXXX XXXX  are not abiding by the Fair Debt Collection Practice Act, by misrepresenting themselves as attorneys in order to collect debt. They are misusing the courts to bring up lawsuits as a way to intimidate consumers and or alleged debtors without following the proper process of verification and validation. Which may have caused many to pay or settle their Warrant in Debt accounts outside the court.