Consumer complaint received 2022-04-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
I am a federally protected consumer and I have reason to believe I am being extorted by capital one. Ive tried in the past to make the proper payments using the remittance that was sent to me by them but they only see what little they can try to rebuttal and dismiss law. They have also been violating my credit score thru identity theft. I have many more reasons to believe they have been committing illegal acts shown in my detailed letter that was received by them recently thru certified mail It is my belief that Capital One is furnishing false and misleading late payments as a way to coerce me to make on time payments. It is my belief that Capital One has been committing theft by deception. It is my belief that furnishing late payments without my lawful authority as a matter ruin my financial reputation constitutes as extortion in accordance with 25 CFR 11.417.

Congress has made it clear that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Capital Ones failure to maintain the integrity of my nonpublic information has caused me substantial harm and inconvenience to my financial reputation due to fraud and identity theft. XXXX has stated that unfair credit reporting undermines the public confidence which XXXX has made clear, is essential to the continued functioning of the banking system. 

Capital One has taken an adverse action against me, with forethought and malice, by furnishing inaccurate and knowingly false late payments to my consumer report without my lawful authority. 
These adverse action as define under 12 CFR 1002.2 ( c ) ( 1 ) ( i ), that has the same definition as 15 U.S.

Code 1691 ( d ) ( 6 ), has negatively affected my ability to extend credit and operate in commerce.
Congress makes it clear that causing a restraint of trade or conspiring to cause a restraint of trade, pursuant to 15 U.S. Code 1, is declared to be illegal to and carries both civil and criminal penalties. My right to privacy and my right to know where and how to direct the disclosure of my nonpublic information in accordance with 15 U.S. Code 6801 ( a ) of the XXXX XXXX Financial Protection Act, has been violated. 

I am aware that not excluding transactions between, I, the consumer, and the creditor is a violation of 15 U.S. Code 1681a ( 2 ) ( A ) ( i ). The consumer reporting agencies were not exercising their grave responsibility in respect to impartiality when furnishing this false and misleading information to my consumer report. Reasonable procedures were not taken to insure the accuracy of the information given by Capital One before furnishing it. This shows that the consumer reporting agencies have shown bias towards me because I never gave my lawful authority for any consumer reporting agency to furnish any late payments, but yet it appears on my consumer report despite that fact. It is my belief that due to your business relationship with consumer reporting agencies, such as XXXX, XXXX, XXXX, they parrot the information given to them by Capital One as a means of coercing consumers to pay debts that they allegedly owe. 

It is my belief that Capital One has been using unlawful extortionate means, as defined by 18 U.S.

Code 891, with forethought and malice to bring harm to me and my financial reputation. As defined in Title 18 U.S. Code 1961, by knowingly, intentionally, with forethought and malice have been sending dividends but, in fact, making me believe that dividend was an invoice for services provided by Capital One, which is embezzlement, theft by deception and extortion. Extortion, dealing in an obscene manner, and theft by deception all constitute as Racketeering Activity. If found guilty, Racketeering Activity carries a criminal penalty of 20 years to life in prison. 

I have reason to believe and do so believe that ALL past, present, and future billing statements Ive received by Capital One are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened. I am requesting documentary evidence to insure that Capital One did not knowingly participate in the fraud through U.S. Mail which would be a violation of 18 U.S. Code 1341.

As a federally protected consumer, debtor, and holder in due course pursuant to UCC 3-306, I am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in billing statements sent to me from Capital One. I'd like to access both the journal and credits of the account, as well as the ledger and debits of the account, in order to verify the current accounting and taxes related to this account.

In accordance with 15 U.S.C. 1666d, if there is a credit of account balance with surplus over 1 dollar in accordance with the journal and ledger entries described in IRS Publication 583, the amount balance should be credited and the remaining balance directed to I, the consumer by check. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount.
Capital One, as the creditor, may not collect any disputed amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment, or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error.

Such actions by Capital One will forfeit its rights to collect the disputed amount as described in 15 U.S. Code 1666 ( e ) and hold the creditor liable under 15 U.S. Code 1693m for Capital One for the actual damage caused to I, the consumer, as well as held to criminal liability pursuant to 15 U.S. Code 1693n for failing to present required documentary evidence as requested to clarify and resolve the previously addressed billing error. 

I am aware, that, in accordance with 16 C.F.R. 433.3 Capital One is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as I may invoke my rights as the debtor in this consumer credit contract against Capital One for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX is exempt from 16 C.F.R. 433.3.

Capital One shall follow the following procedures as defined pursuant to 12 CFR 1026.XXXX ( XXXX ) : ( XXXX ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from all past, current, and future payments.

I am requesting, in writing, with adequate information on all forms of remittance accepted and the remittance provider address and the name exactly as it appears on the I.R.S statements so we can resolve this issue post haste. Please provide examples of accepted remittance slip transfers, so I may tender a bill of credit approval. If you are not familiar with remittance transfers, please see Regulation B 12 C.F.R Subpart B Requirements Remittance Transfers for your reference. Please provide examples of accepted remittance slip transfers, so I may tender a bill of credit approval.

I am conditionally accepting any non-reasonable response, as frivolous, and I will file fault judgment in the favor of the interest of I the consumer, holder in due course, attorney, and administrator in fact.

Company response to consumer: Closed with explanation