Consumer complaint received 2025-01-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
Subject : NOTICE OF DISPUTE OF DEBT AND DEMAND FOR VERIFIED DOCUMENTATION ; FAIR DEBT COLLECTIONS PRACTICES ACT ( FDCPA ) ; FAIR CREDIT REPORTING ACT ( " FCRA '' ) To Whom It May Concern, I am writing regarding the unpaid debt on the derogatory account listed above, which I dispute and attempt to correct your records. By sending this letter, I am disputing both the validity of the alleged debt and the validity of your claims. Please be aware that any information I receive from you will be collected as evidence should any further action be necessary. Please also be advised that non-compliance with my demands, could put your company in serious legal trouble. 

According to the FDCPA, I have the right to request validation of the alleged debt or competent evidence that bears my signature and shows I have some contractual obligation to pay your company. 

I hereby DEMAND that your company will provide me " under penalty of perjury '' with the following verified documentary evidence of alleged debt : 1. Please provide a verified copy both front and back of the alleged original contract / agreement / promissory note in its entirety, including any application, accompanied by a commercial affidavit, sworn to be true, correct, and complete, upon the commercial liability of a properly identified and authorized officer, employee, or agent of the alleged creditor who states that he/she has personal first-hand knowledge that said front and back verified copy is that of the original alleged contract / agreement / promissory note ; 2. Provide verification and documentation that there is a valid basis for your firms charge-off of the alleged debt. For example, can you provide a copy of the written agreement that created the requirement to pay and stipulates your terms for a delinquent account? 
3. Please describe in detail your firms charge-off procedures as they apply under the Sarbanes Oxley Act of XXXX ( Pub.L. XXXX, XXXX XXXX. XXXX ) ; 4. Have you determined that alleged debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that ; 5. Please explain how the added interest, fees or other charges are expressly authorized by the consumer agreement, creating the debt and permitted by law ; 6. Please provide an itemization showing the dates and amounts of each reduction or payment were accrued in your firms procedure, authorized by the consumer agreement and creating the debt or permitted by law ; 7. Please provide proof that the alleged debt has not already been satisfied by any means available including but not limited to, a Tax write-off, or an Insurance Claim ; 8. Please describe your Credit Bureau Reporting system and the credit reporting mechanism your firm utilizes in regards to XXXX compliance between your firm and your contracted reporting entity ( CRA ). Include a comprehensive explanation of the process and description of who handles the data entry, how that information is transmitted and whether the data entry function is outsourced ; 9. Please describe how your firm ensures comprehensive accuracy and input of all consumer data into the XXXX format and if there have been any recent issues ( last 4 years ) with data consistency or breaches in information transmission quality reported to you under your firms CRB agreement with any Credit Reporting Agency ; 10. Please provide the name, title, address and phone number of the natural person who is the CUSTODIAN of the actual alleged contract/agreement/promissory note. If the physical location of the said alleged contract is different from that of the CUSTODIAN, please provide the address of that location also ; 11. Please verify that you have not purchased evidence of alleged debt ; 12. Documentation showing that you have the legal right to collect this debt ; 13. Copies of any documents that show I agreed to pay what you say I owe ; 14. Proof that the Statute of Limitations has not expired on this account ; If you fail to provide all parts and requests of the information or documentation I have asked for, please stipulate why to each request including the authorized party that is refusing to comply or make such information available. I will understand that you are unable to confirm or document your claims but the reason or motive must be made clear including the responsible party under the tort law precedents of respondeat superior.

If you continue attempting to collect on this debt or seek judgment for payment of the debt without first providing written verification, you will be in violation of the Fair Debt Collection Practices Act. Additionally, the debt can not accrue any fees or interest beyond what is allowed by state law or by contract with the original creditor. 
Because I have disputed this debt in writing within 30 days of receipt of your initial notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense. 
You can not add interest or fees except those allowed by the original contract or state law. 
Any attempt to collect this debt without validating it violates the FDCPA. 
Also be advised that I am keeping accurate records of all correspondence from you and your company, including recording all phone calls, and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau. 
I have disputed this debt. Therefore, until it is validated, your information concerning this debt is assumed to be inaccurate. Accordingly, if you have already reported this debt to any credit-reporting agency ( CRA ) or Credit Bureau ( CB ) , then you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request that the case be dismissed based on your failure to comply with the FDCPA. 
Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware that I dispute the debt. 
Finally, please note that I do not wish to receive further telephone calls concerning this debt that I do not owe to your client. The Fair Debt Collection Practices Act requires you to respect this request. See 15 U.S.C. 1692 ( c ). 
Please be aware that any negative mark on my XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXt ( XXXX ) for a debt I don't owe violates the FCRA. Therefore, if you can not validate the debt, you must request that all national credit reporting agencies that you have reported to delete the entry. In addition, until I have received and reviewed any evidence you provide me, I ask that you take no action that might damage my credit reports. 

If the debt described above has been resolved, I ask that you remove, or have removed any derogatory marks from my XXXX and other CRA 's credit reports per the FCRA and send me confirmation that you have done so. 

Please note that if you fail to respond within 30 days of receipt of this letter, I am prepared to take legal action against your company for causes of action including but not limited to, defamation, fraud, and violations under the FCRA. If your firm can not or chooses not to respond to this validation demand and its conditions, I will not hesitate to file suit and seek my own payday against your firm for malicious and inaccurate activities. See. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX. 


I am waiting for your immediate action to my demands. 


Best Regards,

Company response to consumer: Closed with explanation