Consumer complaint received 2025-02-27 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: GA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Capital One Bank Attn : Debt Validation Department XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Subject : Request for Immediate Debt Validation or Deletion [ Account Number ] To whom it may concern, I am writing in response to your correspondence dated XX/XX/XXXX, in which you indicated that additional time is needed to investigate the validity of the debt referenced above. While I understand that debt verification may require time, I must remind you that under the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C. 1692g, you are required to provide validation of this debt within 30 days of receiving my initial request, which was sent on XX/XX/XXXX. 
Please be advised that the statutory 30-day period has not been extended, and it remains in effect. If I do not receive proper validation of this debt by [ XXXX XXXX, 30 days from original request ], I will request the immediate deletion of this account from your records and from any credit reporting agencies to which you have reported it.

As supported by case law, failure to validate the debt within the required time period has serious legal consequences : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX XXXX XXXX  ) : The court held that if a debt collector fails to validate a debt within the 30-day period, the collector loses the right to continue pursuing the debt, including reporting it to credit bureaus. This case reaffirms that the debt collector must stop all collection activities and correct any credit reporting discrepancies. 
XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) : The court ruled that when a debt collector fails to respond to a request for debt validation within 30 days, they can not report the debt to credit bureaus, and must cease all collection efforts. The case further clarified that the burden of proof rests with the debt collector to validate the debt, not the consumer. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX XXXX XXXXXXXX ) : In this case, the court reinforced the concept that a debt collector must remove any reports of a debt from credit agencies if they fail to validate the debt within the statutory timeframe. If no valid documentation is provided, the debt must be considered disputed and should be deleted.

Under these precedents, I expect your full compliance with the FDCPA, which mandates that if the debt is not validated within 30 days, all collection activities must cease, and the debt must be removed from my credit reports. If I do not receive proper validation of this debt by [ insert date, 30 days from original request ], I will take the following steps : 1. 2. 3. Dispute the debt directly with the credit bureaus, asserting that the debt has not been properly validated.

File complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my states attorney generals office for violation of the FDCPA.

Request immediate deletion of this account from your records and from all credit reports.

Please treat this letter as my final request for validation of this debt. If no validation is provided by the deadline, I will consider this matter closed and expect the deletion of this account from all records, as well as cessation of all collection activity.

Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX XXXX Account number : XXXX

Company response to consumer: Closed with non-monetary relief