Debt collection -- Attempts to collect debt not owed -- Complaint #5084683

Complaint Overview

Complaint ID: 5084683

Company: Capital One Financial Corporation

Product: Debt collection

Sub-Product: Credit card debt

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: California

ZIP Code: 90301

Date Received: 2022-01-07T12:00:00-05:00

Date Sent to Company: 2022-01-07T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

CAPITAL ONE HAS AND CONTINUES TO VIOLATE MY FEDERALLY PROTECTED CONSUMER RIGHTS. CAPITAL ONE CLAIMS TO BE THE CREDITOR STATING THAT CAPITAL ONE LOANED ME THE CONSUMER CREDIT. THE CREDIT IS ORIGINATED BY ME THE NATURAL PERSON THE CONSUMER. SO FOR CAPITAL ONE TO STATE THAT CAPITAL ONE LOANED ME CREDIT WOULD BE A VIOLATION OF 12 USC 1431 IT IS ILLEGAL AND UNLAWFUL FOR ANY FINANCIAL INSTITUTION TO LOAN CREDIT. CAPITAL ONE HAS ALSO SHOWN ACTIVITIES WHICH CONSTITUTE AS DISCRIMINATION WHICH VIOLATES 15 USC 1691 ( A ) ( 3 ) BECAUSE I THE APPLICANT IN GOOD FAITH HAVE EXERCISED MY RIGHTS UNDER 15 USC CHAPTER 41. CAPITAL ONE HAS ALSO COMMITTED UNAUTHORIZED USE OF MY CREDIT CARD WHICH IS MY SOCIAL SECURITY NUMBER AS PER FEDERAL LAW 15 USC 1602 ( L ) .AS PURSUANT TO 15 USC 1602 ( P ) I HAVE RECEIVED NO BENEFIT FROM CAPITAL ONE UNAUTHORIZED USE OF MY CREDIT CARD CLOSING MY ACCOUNT AND VIOLATING THE FDCPA 15 USC 1692 WITH CAPITAL ONE 'S CONDUCT AND ACTIONS. I AM DEMANDING CAPITAL ONE SEND ME A COPY OF THE 1099-OID TAX FORM FOR THIS ALLEGED DEBT. CAPITAL ONE ALSO DENIED ME OF A CAR PURCHASE ON XX/XX/2021 STATING THAT I NEED A ADDITIONAL DOWN PAYMENT. ACCORDING FEDERAL LAW 15 USC 1605 ( A ) THE FINANCE CHARGE IS THE SUM TOTAL OF ALL FEES AND DOESN'T INCLUDE A CHARGES OF A TYPE PAYABLE IN A COMPARABLE CASH TRANSACTION .ALSO 12 CFR 1026.4 ( A ) The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. It does not include any charge of a type payable in a comparable cash transaction.SO CAPITAL ONE COMMITTED IDENTITY THEFT AND FRAUD XX/XX/2021 AS PURSUANT 15 USC 1681 ( Q ) ( 3 ) USING MY IDENTIFYING INFORMATION FOR UNAUTHORIZED USE WHICH I RECEIVED NO BENEFIT FROM .SINCE I DID NOT RECEIVE THE VEHICLE FOR WHICH I SUBMITTED A CONSUMER CREDIT APPLICATION FOR ON XX/XX/2021 BECAUSE I REFUSED TO PUT DOWN A DOWN PAYMENT BECAUSE CAPITAL ONE CLAIMED THAT WAS POLICY. WHICH VIOLATES FEDERAL LAW UNDER TRUTH IN LENDING ACT 15 USC 1605 ( A ) AND 12 USC 1431 IT IS ILLEGAL FOR BANKS OR FINANCIAL INSTITUTIONS TO LOAN CREDIT .THERE IS NO CREDIT SCORE TO QUALIFY FOR ANYTHING I AM THE CONSUMER THE NATURAL PERSON THE ORIGINAL CREDITOR. CAPITAL ONE CAN NOT LOPAN ME CREDIT OR MONEY AS PER FEDERAL LAW. I DEMAND EVERY ISSUE ADDRESSED AND RESOLVED OR I WILL SEEK LITIGATION. AS PURSUANT TO 15 USC 1693 ( L ) No writing or other agreement between a consumer and any other person may contain any provision which constitutes a waiver of any right conferred or cause of action created by this subchapter. Nothing in this section prohibits, however, any writing or other agreement which grants to a consumer a more extensive right or remedy or greater protection than contained in this subchapter or a waiver given in settlement of a dispute or action.

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