Debt collection -- Attempts to collect debt not owed -- Complaint #5644498
Complaint Overview
Complaint ID: 5644498
Company: Capital One Financial Corporation
Product: Debt collection
Sub-Product: I do not know
Issue: Attempts to collect debt not owed
Sub-Issue: Debt was result of identity theft
State: Kentucky
ZIP Code: 401XX
Date Received: 2022-06-07T12:00:00-05:00
Date Sent to Company: 2022-06-07T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Consumer Narrative
My name is XXXX XXXX XXXX, a federally protected consumer, and I am making this complaint against XXXX XXXX for committing identity theft. I have never given XXXX XXXX any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that the that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). THIS COMPANY HAS ALSO VIOLATED A PREVIOUS CEASE AND DESIST NOTICE THAT WAS SENT IN THE PAST BY CONTINUALLY FURNISH FALSE INFORMATION TO MY CONSUMER REPORT REGARDING A FALSE RELATIONSHIP WITH MYSELF AND THIS COMPANY. THIS COMPANY HAS ALSO NEVER PROVIDED A TRILATERAL CONTRACT WITH MY WET SIGNATURE ON IT AUTHORIZING THEM TO HAVE ANY OF MY PERSONAL AND PRIVATE INFORMATION. AS A FEDERALLY PROTECTED CONSUMER, I HAVE A RIGHT TO PRIVACY. REF. PRIVACY ACT 1974. I have never received any documentation requesting validation from XXXX XXXX before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. However, XXXX XXXX has openly admitted to committing identity theft when responding to a complaint with " XXXX purchased these accounts, together with the right to collect the balance due on the accounts ''. Ref Complaint No. XXXX. If XXXX XXXX can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. I am legally refusing to pay this debt pursuant to 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until XXXX XXXX can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and XXXX XXXX continues its collection efforts, I will file for litigation for actual damages caused and XXXX XXXX will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notif
Frequently Asked Questions
What is Complaint #5644498 about?
Complaint #5644498 was filed against Capital One Financial Corporation regarding Debt collection specifically about Attempts to collect debt not owed. It was received by the CFPB on 2022-06-07T12:00:00-05:00.
How did Capital One Financial Corporation respond to this complaint?
The company responded with: "Closed with explanation". The response was timely.
What is the risk level of this complaint?
See the risk assessment section for details on this complaint's risk profile.
How do I file a similar complaint?
You can file a complaint with the CFPB at consumerfinance.gov/complaint. Select the appropriate product category (Debt collection) and describe your issue in detail.
Can I see other complaints against Capital One Financial Corporation?
Yes, visit the Capital One Financial Corporation company profile at readthecomplaint.com/company/capital-one-financial-corporation to see all complaints, risk scores, and analysis.
Disclaimer
This analysis is AI-generated based on publicly available CFPB complaint data. It does not constitute financial or legal advice.