Consumer complaint received 2024-11-06 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:
Dear CFPB, I am filing a formal complaint regarding a collection account reported by Portfolio Recovery for an alleged debt originally claimed by Capital One N.A. I believe this debt to be fraudulent, as I did not authorize or incur it, and I am requesting assistance in resolving this matter. As part of this process, I am also formally demanding the original purchase agreement, including all terms and conditions, associated with this account. Below, I outline my key points of concern : Fraudulent Activity : The alleged account with Capital One N.A. was not opened or authorized by me. I am a victim of identity theft, and this collection account is based on unauthorized and fraudulent charges. I do not recognize this debt and did not agree to any terms associated with it.

Failure to Provide Verification and Documentation : To date, XXXX XXXX has not provided sufficient documentation to verify the validity of this debt. Under the Fair Debt Collection Practices Act ( FDCPA ), I have the right to request verification, including specific documentation supporting the validity of the debt. Therefore, I formally request a complete copy of the original purchase agreement, including all terms and conditions, signed by me, that allegedly links me to this account. 

Fair Credit Reporting Act ( FCRA ) Violation : This account remains on my credit report as a derogatory item, despite my previous dispute with Capital One, which is marked as Dispute resolved; customer disagrees. The continued reporting of this account without verified, documented proof of my responsibility violates the FCRA. Credit reporting agencies are obligated to ensure the accuracy of reported information, and in this case, the information is inaccurate and harmful. 

Unresolved Dispute : Despite my prior dispute, Capital One failed to adequately address my concerns or provide valid evidence that this account is mine. As this remains unresolved, I am now formally requesting the CFPBs assistance in investigating this matter and securing the original purchase agreement from Portfolio Recovery or Capital One N.A.

Demand for Original Purchase Agreement : I hereby demand a complete copy of the original purchase agreement, including all terms, conditions, and any associated agreements or amendments, allegedly signed by me, which are relevant to this account. Without such documentation, I consider XXXX XXXX collection efforts to be unfounded and demand immediate removal of this account from my credit file.

Resolution Requested : I am requesting that the CFPB investigate this matter promptly and that all collection actions by XXXX XXXX be ceased until the original purchase agreement, along with all terms and conditions, is provided. If XXXX XXXX or Capital One N.A. is unable to produce this documentation, I request that the account be permanently removed from my credit report.

The continued reporting of this fraudulent account is causing severe harm to my credit and financial standing. Please ensure that this matter is handled with urgency, and provide me with any findings from your investigation regarding the legitimacy of this collection account. 

Thank you for your attention to this complaint. I look forward to a prompt and thorough investigation by the CFPB. 

Sincerely, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX SSN : XXXX

Company response to consumer: Closed with explanation