Consumer complaint received 2025-05-08 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
I recently recieved a letter requesting my apperance via zoom for an unknownn account with CAPITAL ONE BANK ( USA ), N.A.. I have no recollection of opening any accounts with CAPTIAL ONE BANK ( USA ), N.A. and a FTC report has been filed for identity theft.

I am requesting verification of this debt or any subsequent debt named CAPITAL ONE BANK ( USA ), N.A./ANXXXX XXXX XXXXXXXX ; In fact, I am emphatically demanding that you provide full disclosure including the information listed below to satisfy my verification requirements. 

-A certified copy of the original contract that CAPITAL ONE BANK ( USA ), N.A.has with XXXX XXXX XXXX XXXX 

-A certified copy of the contract between CAPITAL ONE BANK ( USA ), N.A . and XXXX XXXX XXXX XXXX XXXX XXXX demonstrating the purchase of the alleged debt including any and all costs related thereto. 

-A certified copy of the contract between CAPITAL ONE BANK ( USA ) , N.A giving XXXX XXXX XXXX XXXX XXXX XXXX authority to act on behalf of CAPITAL ONE BANK ( USA ), N.A. 

-Certified copies of all records and a full accounting of the account referenced in your letter as ( MATTER NO : XXXX ) including but not limited to all records from CAPITAL ONE BANK ( USA ), N.A .. demonstrating that a valid debt exists.

-Certified copies of all business licenses including licenses required by the STATE OF FLORIDA to conduct business in FLORIDA .

-A complete list of all ocers of XXXX XXXX XXXX XXXX XXXX XXXX with complete contact information including, but not limited to, full name, title, direct mailing address, direct phone number ( s ), fax number ( s ), and email address. 
Providing a link to a website is not acceptable. 

-An adavit signed Under Penalty of Perjury that CAPITAL ONE BANK ( USA ), N.A . or any agent ( s ) acting on their behalf has not violated any portion of the FAIR DEBT COLLECTION PRACTICES ACT ( FDCPA ). 
Certified copy of all Public Hazard Bond ( s ) and/or Liability Insurance Policy ( s ) and accounting demonstrating the financial capability of XXXX XXXX XXXX XXXX XXXX XXXX 

-Proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-o, an Insurance Claim, or selling the purported debt to a third-party debt collector. 

-Prove that XXXX XXXX XXXX XXXX XXXX XXXX is the creditor of this purported debt. 
Unless you provide the information listed above within thirty ( 30 ) days of receiving this letter, this debt will be deemed invalid, and further collection attempts will be considered a criminal activity attempting to extort monies. A criminal complaint may be filed against XXXX XXXX XXXX XXXX with various legal entities including, but not limited to, the Federal Bureau of Investigation ( FBI ) and the Internal Revenue Service Criminal Investigation Division ( IRS, CID ) to investigate the possibility of criminal activity including, but not limited to, violations of the FAIR DEBT COLLECTIONS ACT.

To further substantiate the claim that CAPITAL ONE BANK ( USA ), N.A. may have, do not hesitate to provide the information requested within the time frame allotted to settle this matter as quickly as possible. You may contact me only when providing the required information listed above ; Any other communication attempts will be considered to be further attempts to criminally extort monies and will be reported accordingly. Please note that in the event of any legal action, you will be required to provide the original ( s ) of all documents which include wet ink signature ( s ) at any hearing ( s ) commencing from these communications ( or lack thereof ). Also note, that selling ( or otherwise transferring ) this account [ debt collection attempt ] prior to validation may constitute fraud and may result in a federal criminal complaint under the Racketeer Influenced and Corrupt Organizations Act ( RICO ) listing CAPITAL ONE BANK ( USA ), N.A. 
and XXXX & XXXX, P.A as co-conspirators. 
Notice to Principal is Notice to Agent Notice to Agent is Notice to Principal. 
Silence is acquiescence. Acquiescence is estoppels. 
Sincerely, XXXX XXXX XXXX ALL RIGHTS RESERVED CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO V ALIDATION OF PURPORTED DEBT Notice to Principal is Notice to Agent Notice to Agent is Notice to Principal Pursuant to the Fair Debt Collection Practices Act. 15 U.S.C., Sec. 1601 et seq, this constitutes timely written notice that the law requires the return of the attached erroneous purported debt which is unsigned and unattested, and which I herein discharge and cancel in its entirety, without dishonor, on the grounds of breach, false representation and fraud. These claims are bonded and under the mandates of Article VII of the Bill of Rights.

15 U.S.C., Sec 1692 ( e ) states that a false, deceptive, and misleading representation, in connection with the collection of any debt includes false representation of the character or legal status of any debt. It further identifies as a deceptive practice any threat to take any action that can not legally be taken.The notice you have sent omits information that is required to be disclosed, such vital citations as disclosing the agencys jurisdictional and statutory authority. Said Notice further contains false, deceptive, and misleading representation, and allegations intended to intentionally pervert the truth for the purpose of including one, in reliance upon such, to part with property belonging to them and to surrender certain substantive legal and statutory rights. To act upon this Notice would divest one of his/her property and their prerogative rights, resulting in a legal injury and invasion of privacy. Pursuant to 15 U.S.C., Sec 1692 ( g ) ( 4 ) Validation of Debts.

If you have evidence to validate your claim that the attached does not constitute fraudulent misrepresentation and the one owes this alleged debt to your entity, this is a demand that within thirty ( 30 ) days of receipt, you provide such validation and supporting evidence to substantiate your claim. Until the requirements of the Fair Debt Collection Practices Act have been met and your claim is validated, you have no jurisdiction to continue any collection activities.This is constructive notice that, absent the validation of your claim within thirty ( 30 ) days of receipt, you must cease and desist any collection activity and are hereby prohibited from making contact through the mail, by telephone, in person, at my home, or at work. You are further prohibited from contacting my bank, my employer or any third party. Each and every attempt of such contact, in violation of this Act, will constitute harassment, defamation of character and will subject your agency and/or board including any and all agents in his/her/their capacity, who take part in such harassment and defamation to a liability for actual damages, as well as statutory damages up to {$10000.00} for each and every violation plus further liability for legal fees to be paid to any counsel which I retain. Furthermore, absent such validation of your claim, you are prohibited from filing any notice of lien and/or levy and are also barred from reporting any derogatory information to any Credit Reporting Agency regarding this disputed purported debt.

Finally, pursuant to the Fair Debt Collections Act, Title 15 U.S.C., Sec 1692 ( g ) ( 8 ), as it is clear you are merely an agency or board acting on behalf of someone else, this is a demand that you provide the name of the original principal or holder in due course for whom you are attempting to collect this alleged debt. 
This is an attempt to gather pertinent information for a pending legal action and any information obtained will be used for that purpose. 

Silence is acquiescence. Acquiescence is estoppels. 

I hereby attest that, to the best of my knowledge and belief that the above information is true correct, and complete.

Company response to consumer: Closed with explanation