Consumer complaint received 2024-12-14 00:00:00
Product: Debt collection — I do not know
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
Cease and Desist Letter From : XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Date : XX/XX/XXXX To : XXXX XXXX XXXXXXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX Subject : Cease and Desist for Violations of FDCPA and Demand for Deletion of Inaccurate Reporting Dear XXXX XXXX XXXXXXXX XXXX This letter serves as a formal notice to cease and desist from further violations of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and to address your continued unlawful actions concerning the alleged debt you purchased from Capital One National Association . 

Details of the Alleged Debt : Original Creditor : Capital One National Association Amount Alleged : {$800.00} Account Number : [ Provide account number if applicable ] Violations : Harassment and Violation of FDCPA ( 15 USC 1692d ) : Your repeated reinsertion of this alleged debt into my consumer credit reports, despite prior disputes and removals, constitutes harassment under 15 USC 1692d. Your actions are abusive, causing me significant emotional distress and financial harm.

Failure to Adhere to the Arbitration Clause : By purchasing this debt, you are now bound by the original Capital One credit card agreement, which includes a binding arbitration clause. Your failure to honor this agreement is a breach of contract and a clear disregard for the terms governing this account. 

Furnishing Inaccurate Information in Violation of the FCRA : Despite your claims, the information you are furnishing to the credit reporting agencies remains inaccurate, misleading, and damaging. On XX/XX/XXXX, you stated that you asked the CRAs to update information, yet the inaccuracies persist, causing significant harm to my reputation and financial standing. 

Harm Caused : Your actions have resulted in : Defamation of Character : Inaccurate reporting has negatively impacted my reputation. 

Emotional Distress : Your continuous violations have caused anxiety and undue stress. 

Financial Harm : Inaccurate reporting and harassment have adversely affected my ability to secure credit and financial opportunities. 

Legal Basis : Your actions violate the following : FDCPA ( 15 USC 1692d ) : Prohibits harassment and abuse in debt collection.

FCRA ( 15 USC 1681 ) : Requires accurate and fair reporting of consumer credit information.

Breach of Contract : By failing to adhere to the arbitration clause of the Capital One credit card agreement. 

Case law such as XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) confirms that debt collectors are held to strict compliance with FDCPA requirements, and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) underscores the harm caused by inaccurate reporting under the FCRA. 

Demand : To resolve this matter, you must : Immediately Cease and Desist : Stop all collection activities, including reporting this account to consumer reporting agencies. 

Delete the Trade Line : Remove this account from all credit reporting agencies and confirm permanent deletion. 

Acknowledge Breach of Contract : Confirm in writing that you will adhere to the arbitration clause moving forward. 

Compensation : Pay {$10000.00} for the defamation, emotional distress, and financial harm your actions have caused. 

This demand must be fulfilled within XXXX  days of the date of this letter. Failure to comply will result in arbitration proceedings under the terms of the Capital One credit card agreement. Please note that initiating arbitration will incur substantial costs for your company, including over {$3000.00} in filing fees, legal expenses, and potential damages. 

Next Steps : You may contact me in writing at the address listed above or via email at XXXX to confirm your compliance. This letter serves as notice of my intent to protect my rights and pursue legal remedies as necessary. 

This communication is sent in good faith and without waiver of any rights, remedies, or defenses available to me under applicable law.

Company response to consumer: Closed with non-monetary relief