Capital One Debt Collection Complaint

Capital One Debt collection department,

Credit card Cont'd attempts collect debt not owed Debt is not mine Florida

- acting as a Debit Collection Agency failed to validate their claim for the account which they were attempting to collect a debt, Capital One Account : - their Case No : -, as required by the Fair Debt Collection Practices Act Section 809 [ 15 USC 1692g ]. The debt has been disputed thus - were required by the FDCPA to cease collections until the debt collector obtained verification of the debt and said verification is mailed to the consumer. Validation was never provided. - failed to cease collections and filed suit in small claims court violating Federal Law. The only document provided to the consumer was through an attachment to the suit, filed in small claims court, Complaint - Breach of Contract referred to in the complaint as the Agreement ''.


the Agreement '' consist of pages - thru - of a PDF that can be downloaded by anyone at the url -In the matter - v. -, - - - ( Ind.App. -/-/- ) : According to this case, the debt collector must, at the very least, provide a full payment history and an explanation of how any additional fees were calculated. In the matter - vs. - - -, - - - ( - Cir. -/-/- ) : It is unfair to consumers under the FDCPA to hide the true character of the debt, thereby impairing their ability to knowledgeably assess the validity of the debt. Although these cases differ in nature they confirm at a very minimum an itemized accounting of how the total amount of debt was calculated including fees and interest should be included in a debt validation. Additional debt validation should include account statements from the original creditor, payment history with the original creditor or a copy of the original signed contract between the original creditor and debtor. - having provided the consumer only a PDF that they refer to as the Agreement '' by means of attachment to the complaint failed to meet Section 809 of the FDCPA [ 15 USC 1692g ] therefore invalidating their suit Complaint - Breach of Contract. Plaintiff 's Counsel was forbidden under Federal Law and precedence set forth in Case Law to proceed with the suit Complaint-Breach of Contract. - - County Florida Small Claims Case -.