Consumer complaint received 2025-08-22 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
CONSUMER COMPLAINT TO CONSUMER FINANCIAL PROTECTION BUREAU DATE : XX/XX/year> COMPLAINT TYPE : Debt Collection - Third-Party Vendor Mismanagement COMPANY : Capital One Bank XXXX N.A.

ISSUE : Systematic FDCPA Violations, Fraudulent Service of Process, Attorney-Process Server Conspiracy CONSUMER INFORMATION Name : XXXX XXXX Address : XXXX XXXX  XXXX XXXX, XXXX, CA XXXX Phone : XXXX Email : XXXX Account/Reference Number : Case No. XXXX DETAILED COMPLAINT I. EXECUTIVE SUMMARY I am filing this complaint against Capital One Bank, N.A. for their complete failure to supervise their attack dog debt collection vendor, XXXX XXXX XXXX law firm. Capital One hired these attorneys as their bulldogs to collect debts, which I understand is business, but they are playing extremely dirty with documented fraud that has cost me work, sleep, and thousands in potential damages. I demand Capital One either call off their fraudulent vendors or face harsh financial punishment and pay me substantial restitution for the damages they have caused through their willful vendor mismanagement. 

XXXX. CAPITAL ONE 'S ATTACK DOG STRATEGY GONE CRIMINAL A. Capital One 's XXXX XXXX XXXX XXXX Capital One deliberately selected XXXX XXXX XXXX as their collection bulldogs because of their reputation for aggressive tactics. However, Capital One crossed the line from aggressive collection into criminal fraud by failing to supervise attorneys XXXX XXXX and XXXX XXXX, who orchestrated a systematic fraud upon the court system. 

XXXX Documented XXXX XXXX XXXX XXXX XXXX, acting as Capital One 's exclusive agent, committed documented perjury by directing their process server XXXX XXXX to file XXXX contradictory sworn affidavits claiming I was personally served at XXXX different locations at the exact same time on XX/XX/year> at XXXX PM : XXXX. First Affidavit : Service at XXXX XXXX XXXX XXXX XXXX, XXXX, CA XXXX. Second Affidavit : Service at XXXX XXXX  XXXX XXXX, XXXX, CA - XXXX miles away This physical impossibility proves deliberate perjury, yet Capital One 's attorneys KNOWINGLY filed both documents with the court and continued pursuing a {$24000.00} default judgment based on this fraud. 

XXXX. CAPITAL ONE 'S WILLFUL BLINDNESS TO VENDOR FRAUD A. Pattern of Vendor Abuse Capital One has systematically chosen collection law firms that engage in fraudulent practices because it increases their collection rates. Evidence shows : XXXX. Financial incentives for aggressive collection over legal compliance XXXX. Inadequate quality control systems to prevent perjured service affidavits XXXX. Willful ignorance of obvious red flags and pattern misconduct XXXX. No consumer complaint monitoring systems for vendor oversight XXXX FDCPA Violations Through Vendor Mismanagement Capital One violated the Fair Debt Collection Practices Act through their third-party vendors : XXXX. 15 U.S.C. 1692e - False representations through perjured court documents 2. 15 U.S.C. 1692f - Unfair practices by pursuing fraudulent lawsuits 3. 15 U.S.C. 1692c ( b ) - Improper third-party communications to process servers 4. 15 U.S.C. 1692e ( 2 ) ( A ) - Falsely representing legal status through invalid service IV. SUBSTANTIAL FINANCIAL AND PERSONAL HARM A. Lost Work and Income The fraudulent lawsuit and threat of {$24000.00} default judgment has caused me to : - Miss significant work time dealing with court appearances and legal defense - Lose sleep and suffer anxiety over the false legal proceedings - Incur legal research and defense costs to fight the fraudulent claims - Face potential wage garnishment and asset XXXX based on perjured evidence B. Credit and Reputation Damage Capital One 's fraudulent collection efforts have : - Threatened my credit rating through false legal proceedings - Created public court records based on perjured service documents - Caused family stress and embarrassment from process server harassment - Violated my privacy rights through unnecessary third-party involvement V. CAPITAL ONE 'S REGULATORY VIOLATIONS A. Bank XXXXupervision Failures As a federally regulated national bank, Capital One violated OCC guidance on third-party risk management : 1. OCC Bulletin 2013-29 requiring adequate vendor oversight 2. Failure to implement quality control systems for collection vendors 3. Inadequate due diligence on vendor practices and procedures 4. No monitoring systems to detect or prevent vendor misconduct B. Consumer Protection Law Violations Capital One 's vendor mismanagement violates multiple federal consumer protection laws : 1. Unfair and Deceptive Acts or Practices under Section 5 of the FTC Act 2. CFPB regulations on debt collection practices 3. Due process violations through fraudulent legal proceedings XXXX. Banking law requirements for fair treatment of consumers VI. THE CORRUPTED ATTORNEY-PROCESS SERVER RELATIONSHIP A. Financial Incentives for Fraud Capital One 's payment structure creates incentives for fraud : - Process servers paid per successful service, encouraging fabricated affidavits - Law firms rewarded for high default judgment rates regardless of legality - No penalties for vendors who engage in perjury or court fraud - Cost-cutting that prioritizes results over compliance with law B. Systematic Cover-Up When confronted with evidence of the impossible dual service, Capital One 's attorneys : XXXX. Refused to acknowledge the contradictory sworn documents XXXX. Continued pursuing default judgment despite proof of perjury XXXX. Filed court pleadings that deliberately ignored evidence of fraud XXXX. Attempted to obtain default judgment worth {$24000.00} based on false evidence VII. DEMAND FOR IMMEDIATE RELIEF AND RESTITUTION A. Immediate Actions Required I demand that the CFPB order Capital One to : XXXX. Immediately terminate their relationship with XXXX XXXX XXXX law firm XXXX. Cease all collection activities in my case based on fraudulent service XXXX. Withdraw all court filings based on perjured service affidavits XXXX. Correct any negative credit reporting related to this fraudulent lawsuit B. Financial Restitution Demanded I demand Capital One pay me substantial monetary restitution including : XXXX. {$10000.00} for lost work time and income due to fraudulent legal proceedings XXXX. {$15000.00} for emotional distress, anxiety, and sleep loss caused by their vendor fraud XXXX. {$5000.00} in punitive damages for willful vendor mismanagement XXXX. All legal defense costs incurred fighting their fraudulent collection efforts XXXX Credit monitoring services for damage to my financial reputation XXXX. REGULATORY ENFORCEMENT DEMANDED A. Immediate Investigation I demand the CFPB conduct an immediate investigation into : XXXX. Capital One 's systematic vendor mismanagement practices XXXX. Pattern of fraudulent service of process by their collection law firms XXXX. Capital One 's willful blindness to vendor perjury and court fraud XXXX. Inadequate consumer complaint systems and vendor oversight B. Enforcement Actions Required The CFPB must impose harsh penalties on Capital One including : XXXX. Consent order requiring comprehensive vendor oversight reforms XXXX. Civil money penalties of millions of dollars for systematic violations XXXX. Third-party monitor for all debt collection vendor relationships XXXX. Victim restitution fund for all consumers harmed by fraudulent collection practices XXXX. CRIMINAL REFERRAL DEMANDED I demand the CFPB refer this matter to federal prosecutors for criminal investigation : XXXX. Mail fraud charges for filing false documents with courts XXXX. Wire fraud charges for electronic submission of perjured affidavits XXXX. Conspiracy charges for the attorney-process server fraud scheme XXXX. XXXX charges for pattern of fraudulent debt collection activities X. CAPITAL ONE MUST CHOOSE : REFORM OR FACE DESTRUCTION Capital One has a choice : immediately call off their fraudulent attack dog vendors and pay substantial restitution to victims, or face the complete destruction of their debt collection operations through federal enforcement action. 

Their systematic use of XXXX XXXX XXXX and other fraud-based collection firms demonstrates a corporate culture that prioritizes profits over legal compliance. The documented perjury in my case is undoubtedly part of a much larger pattern affecting thousands of consumers. 

I demand immediate action to stop Capital One 's use of fraudulent vendors and substantial financial compensation for the harm they have caused me through their willful vendor mismanagement. 

XXXX. CONCLUSION Capital One 's deliberate choice to use XXXX XXXX XXXX as their collection bulldogs has resulted in documented criminal fraud that has cost me substantial work time, sleep, and financial stress. Their willful failure to supervise these vendors while they commit perjury and defraud courts represents exactly the type of predatory banking practice that federal consumer protection laws are designed to prevent and punish. 

I demand immediate cessation of all fraudulent collection activities, substantial monetary restitution for damages caused, and harsh regulatory penalties to ensure Capital One never again uses fraudulent vendors to abuse consumers through the court system. 

The evidence of impossible dual service is undeniable proof of systematic fraud that requires immediate federal intervention and substantial financial penalties against Capital One. 

Respectfully submitted, XXXX XXXX XX/XX/year> 2025

Company response to consumer: Closed with non-monetary relief