Consumer complaint received 2025-08-06 00:00:00
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
State: SC

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX SC XXXX XXXX ( Your Phone Number ) Date : XX/XX/XXXX Capital One Customer Advocacy Office XXXX XXXX XXXX XXXX, VA XXXX RE : Response to Invalid Dismissal of Debt Validation Request Account Ending in XXXX Capital One Case : XXXX | CFPB Case : XXXX To Whom It May Concern : This letter serves as a formal rebuttal to your XX/XX/XXXX correspondence, wherein you falsely assert that the debt validation request and CFPB complaint were submitted by an unauthorized third party. That claim is patently false. I, XXXX XXXX XXXX, the undersigned and the named individual on the account ending in XXXX, am the party who submitted the original dispute and complaint. 

Your response is misleading, dismissive, and appears to be a bad faith attempt to stall, evade statutory responsibilities, and avoid addressing the substance of the complaint. Such conduct may constitute violations of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and the Consumer Financial Protection Act ( CFPA ). 

LEGAL AUTHORITY FOR MY POSITION 15 U.S. Code 1692g ( b ) requires validation of debt upon request, prohibiting further collection activity until such validation is provided.

15 U.S. Code 1681s-2 ( b ) requires furnishers to conduct a reasonable investigation of disputes. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Creditors can not ignore disputes and must provide validation. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  A debt collectors misinterpretation of the law does not excuse noncompliance with the FDCPA.

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : A furnishers failure to perform a reasonable investigation violates the FCRA.

15 U.S.C. 1692e ( 10 ) prohibits false, deceptive, or misleading representations, which includes falsely claiming that the dispute was submitted by an unauthorized party.

CLARIFICATION FOR CFPB RECORD NOT A DUPLICATE COMPLAINT This correspondence also serves as formal notice to the Consumer Financial Protection Bureau that this is not a duplicate complaint.

A subsequent complaint following an inadequate or non-responsive reply is distinct from the original, as it addresses new violations namely, Capital Ones misrepresentation of my authority to submit the dispute and its refusal to conduct a proper investigation. Courts have recognized that a failure to respond appropriately to a dispute is a continuing violation that may give rise to additional claims XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ongoing failures to investigate constitute separate violations ). 

Because XXXX Ones XX/XX/XXXX response introduced a new factual and legal issue the false unauthorized party claim my filing is a necessary follow-up to enforce my rights, not a resubmission of the same matter. 

DEMAND FOR COMPLIANCE You are hereby placed on notice that failure to comply with the demands below within 15 calendar days may result in immediate legal action, including but not limited to arbitration under the terms of your customer agreement and the initiation of complaints to relevant federal and state authorities.

Per my original debt validation request, I again demand : The name and address of the original creditor.

A complete account history, including all charges, payments, and any interest or fees added.

A copy of the original signed contract or agreement authorizing you to collect or report this debt.

Proof of your legal right to collect this debt, including the chain of assignment ( if any ).

The method of calculating the amount claimed, with a breakdown of principal, interest, fees, and other charges.

Proof the debt is not time-barred and the applicable statute of limitations.

A statement confirming whether this debt has been securitized, bundled, or transferred to a third party.

A written explanation of how you verified the accuracy of information furnished to consumer reporting agencies.

Immediate removal of all tradelines for this account from all CRAs until full validation is provided.

No coding of this dispute as frivolous or duplicate, as this request is materially distinct and submitted directly by me.

WARNING OF POTENTIAL ARBITRATION Capital Ones continued refusal to validate the debt or correct its false statements may trigger my right to compel arbitration under the customer agreement. Such action would include claims for : Willful noncompliance with the FCRA and FDCPA ; Misrepresentation under 15 U.S.C. 1692e and 1681s ; Emotional distress and reputational harm caused by illegal or negligent reporting.

If arbitration proceeds, I will seek all available damages, injunctive relief, costs, and attorneys fees.

PRESERVATION OF RIGHTS Nothing in this letter shall be construed as a waiver of any rights, claims, or remedies available to me under federal or state law. I expressly reserve all rights.

You are hereby directed to respond in writing within 15 calendar days. Your continued failure to comply will be treated as a willful violation and escalated accordingly. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation