Consumer complaint received 2025-08-30 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: CT

Complaint narrative:
Re : NOT A DUPLICATE Follow-Up & Escalation re : PRA/Capital One Account Ending XXXX Capital One QuicksilverOne | XXXX XXXX XXXX Alleged Balance {$500.00} Dates cited by XXXX : Opened XX/XX/XXXX XXXX to XXXX XX/XX/XXXX Initial Notice XX/XX/XXXX To Whom It May Concern : This is a NON-DUPLICATE follow-up to your recent responses regarding the above-referenced account. It addresses specific deficiencies in XXXX XXXX XXXX ( XXXX ) validation and in Capital Ones furnishing/records. It is submitted to preserve my rights under the Fair Debt Collection Practices Act ( FDCPA, 15 U.S.C. 1692 et seq. ), the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ), and the CFPBs implementing regulations, including Regulation F ( 12 C.F.R. part 1006 ) and Regulation V ( 12 C.F.R. 1022.43 ).

I. Summary of your assertions ( from PRAs correspondence ) XXXX asserts it purchased a Capital One account ending in XXXX on or about XX/XX/XXXX, with a balance of {$500.00}. 

XXXX asserts Capital Ones business records verify an open date of XX/XX/XXXX and identify me as the obligor. 

XXXX claims it sent an initial notice on or about XX/XX/XXXX and has no record of a dispute received after that notice. 

XXXX states it is sending validating documentation from the original account and concludes the matter is resolved.

II. Why XXXX  validation is deficient and collection/reporting must stop 1 ) No competent proof of ownership/standing. A generic statement that XXXX purchased the account is not proof. Debt buyers must be able to show an account-level chain of title : ( a ) a bill of sale for the specific portfolio ; ( b ) schedules/affidavits that identify this account; and ( c ) evidence of lawful transfer of rights. Without that, XXXX lacks standing to demand payment or furnish data. See FDCPA 1692e, 1692f ; and validation content requirements in Reg F, 12 C.F.R. 1006.34.

2 ) No itemization as required by Regulation F. XXXX has not provided the required validation information, including the itemization date, the amount on that date, and an itemization of interest/fees/payments/credits since that date, plus the disclosures of consumer rights. 12 C.F.R. 1006.34 ( c ).

3 ) Collection activity during dispute/cease. XXXX acknowledges a cease-communication request yet continues collection by insisting the debt is verified. Any further collection or furnishing while the debt is unvalidated violates FDCPA 1692c ( c ), 1692g ( b ) ; knowingly or recklessly furnishing disputed/unvalidated information is deceptive under 1692e ( 8 ).

4 ) We believe its resolved is not a defense. The FDCPA is strict-liability. See Jerman v. Carlisle, 559 U.S. 573 ( 2010 ). PRAs conclusion does not satisfy statutory duties or eliminate liability.

III. Why Capital Ones response/furnishing is deficient 1 ) Direct-dispute duties ( Reg V ). This letter is also a direct dispute to Capital One as a f
urnisher under 12 C.F.R. 1022.43. Capital One must conduct a reasonable investigation, review all relevant information, and correct or delete any information that can not be verified.

2 ) Required records. Capital One must be able to produce : ( a ) the executed cardmember agreement/application ; ( b ) complete monthly statements showing transactions, payments, fees, interest, and the calculation of the charge-off amount ; ( c ) internal account notes and charge-off history ; and ( d ) the sale/assignment documents ( or warranties/representations ) establishing lawful transfer and the scope of rights provided to XXXX. Generic form agreements, a single last statement, or a data screen-print are insufficient for a reasonable investigation.

3 ) Accuracy and dispute notation. If Capital One continues to furnish any related tradeline ( pre- or post-sale ), it must ensure accuracy and promptly report the account as disputed to all CRAs. See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) & ( a ) ( 3 ).

IV. Your required actions ( cure ) A. XXXX must, within XXXX business days : Produce a complete chain of title/ownership : bill ( s ) of sale, assignment ( s ), and schedules that specifically identify this account ; plus any affidavits attesting to transfer of rights.

Provide Reg F-compliant validation : itemization date ; amount on that date ; full itemization of all interest, fees, payments, and credits since that date ; last payment date ; and identity/contact of the original creditor.

Provide the executed application/contract ( or authenticated e-signature evidence ) and complete monthly statements through charge-off showing how {$500.00} was calculated. 

Cease all collection and delete any XXXX tradeline from XXXX XXXX XXXX XXXX unless/until you possess the above documentation ; at minimum, report the account as disputed. 

Resolution proposal : Delete any XXXX tradeline across all CRAs and remit {$2500.00} to resolve statutory and actual damages ( FDCPA and related claims ). Offer is without admission of liability.

B. Capital One must, within 30 days : Complete a Reg V direct-dispute investigation ( 12 C.F.R. 1022.43 ) and provide all records listed in III ( 2 ).

Clarify whether any Capital One tradeline remains and, if so, correct inaccuracies and report the dispute to all CRAs.

Confirm whether the alleged account was sold with recourse, what rights were transferred to XXXX, and whether Capital One continues to retain/furnish data post-sale.

If you can not verify the accuracy of the account and the sale, instruct XXXX in writing to cease collection and delete its tradeline ; confirm to me, in writing, that you have done so.

V. Preservation of rights and non-duplication This communication is not a duplicate complaint. It specifically responds to PRAs assertions that it purchased my account on XX/XX/XXXX and sent an initial notice on XX/XX/XXXX, and it addresses Capital Ones responsibilities as the original furnisher/seller. I reserve all rights, including claims under the FDCPA, FCRA, applicable state UDAP statutes, and any available arbitration provisions. Implement a litigation hold on all relevant documents, recordings, and data. All communications must be in writing to the address above ; I do not consent to phone calls. 

Please respond in writing by the deadlines indicated. If you contend any portion of this letter is unclear, say so nowin writingand identify precisely what you believe is unclear and why.

Company response to consumer: Closed with explanation