Consumer complaint received 2022-01-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CO
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
This complaint is a follow-up to multiple Notices of Dispute and Billing Errors ( request for documentary evidence ) beginning from the date of XX/XX/XXXX of XXXX, which your organization is in receipt of. I am writing on my own behalf, with no help from anyone and the code and regulations referred to are accessible to the general public. I am aware that my consumer rights have been and continue to be violated. 

From the start of the agreement, purported to be a contract, CAPITAL ONEhas engaged in prohibited debt collection activities, infringing on my right to privacy, guaranteed to every consumer. I have specifically revoked any presumed consent to litigation or communication with interloping private attorneys and their firms, yet CAPITAL ONE has violated 15 USC 1692i ( b ) in sharing my private location information with XXXX XXXX XXXX, Attorneys at Law without permission. The firm has, in turn, failed to provide delegation of authority proving the financial institution retained them, in violation of the Privacy Act of 1974. I demand to examine the delegation of authority and power of attorney authorizing litigation against I, the consumer, immediately. XXXX XXXX XXXX have engaged in unauthorized practice of law and simulation of legal process in violation of the FDCPA. Being that CAPITAL ONE FINANCIAL CORPORATION is a holding company which does not provide goods or services, they have no business sending me bills and are, in fact, acting as debt collectors as defined by 15 U.S. Code 1692a ( 6 ). Bear in mind that I am not bound and therefore have no duty to engage in litigation in the Article XXXX courts for this matter. XXXX XXXX XXXX, allegedly with CAPITAL ONE 's delegation has improperly served papers titled " SUMMONS '' for which I am not response-able. There is no docket pertaining to the papers at present and I have filed arbitration to settle any alleged disputes and claims. 

Together with XXXX XXXX XXXX, CAPITAL ONE have engaged in prohibited, abusive, and deceptive debt collection practices against me, causing me mental anguish and impacting my ability to conduct my affairs. In their concerted efforts at extortion of money from me, they have made false claims that I am the obligor, alleging that I have a fiduciary duty to perform. In fact, CAPITAL ONE is the obligor, as evidenced by their own SEC filing, attached herein. In fact, they have assigned a fiduciary role of Trustee to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, per the attached T-1 SEC filing . As beneficiary, I am not liable to perform or pay and can not be coerced into a surety role for the receivables from which I am due beneficial interest. CAPITAL ONE has a controlling interest as a holding company, but is otherwise barred by banking regulations from collecting from me.

I have pointed out that the account is in a billing error status and may not be collected upon. My reasons for believing so are that the " amount due '' is a positive balance, potentially due to a computational error. The reason I am requesting documentary evidence is to clarify the accounting regarding this computational error and to ensure tax documentation has beep properly conducted. I have reason to believe that securities are being generated in my name with no equitable interest provided to me, the originator of the securities.

I require that you produce certified copies of ALL COPIES AND DERIVATIVES of the original instrument, front and back for my records. Moreover, I demand to examine the pooling and servicing agreement- either you show it to me or well do it through the courts/arbitration via subpoena. Unless my account is placed into a billing error status prior to providing me with the following documents, I will not hesitate to procure a certified FORENSIC FINANCIAL AUDIT from a firm using the XXXX XXXX XXXX. 

1.XXXX XXXX  balance sheet ( XXXX numbers XXXX XXXX, XXXX, and/or XXXX ) 2.Federal Accounting Standards Reports : XXXX and/or XXXX XXXX Daily Transaction Log Report XXXX XXXX XXXX 5.Profit & Loss Report 6.Off balance sheet items 7.Delegation of Power-of-Attorney 8.Bookkeeping entries and/or Journal entries 9.Cash flow statement 10.ALL call schedules and reports, including but not limited to XXXX, XXXX, and RC-B call schedules and RI-B and RC-K call reports 11. ALL 1099A and/or 1099OID forms It is a fact that the declarant is aware that by resolving this billing issue, the creditor has legally consented to waive all rights to collect on the amount in dispute in accordance with 15 U.S. Code 1666 ( e ). Pending evidence of indebtedness, declarant disputes the amounts past, present, and future, and revokes consent to direct and indirect communication in connection with collection activity.

I am aware that CAPITAL ONE, as the purported creditor, may not collect any disputed amount, that I, the consumer and declarant, do not need to pay, and that the creditor may not restrict, accelerate payment, or close an account, or make or threaten any adverse reporting to any person about the consumer 's credit standing without first resolving the billing error. Such actions by the creditor will result in the forfeiture of its rights to collect the disputed amount as outlined in 15 U.S. Code 1666 ( e ), as well as holding the creditor liable under 15 U.S. Code 1640, CAPITAL ONE for the actual damages caused to I, the declarant, as well as criminal liability under 15 U.S. Code 1611 for failing to supply requisite documentary evidence as requested for clarification and resolution of the hitherto addressed billing error. Bear in mind that 15 U.S. Code 1641 opens liability for any assignees of the instrument and account. 

Documentary evidence, in accordance with 15 U.S.C. 44 for the books of account as described in IRS Publication 583. Pursuant to the Privacy Act of 1974, I demand to see both journal and credits of account, ledger and debits of account to verify the current accounting and taxes associated with this account. The documentary evidence must also be in compliance with 31 CFR 1.32 ( c ) as my Social Security Number was used in creation and pledging of the application, the valuable asset securing the account, and backing the receivables. " Documentary evidence, '' pursuant to 15 U.S.Code 44 includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with the all caps name. I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication 583. I request the documentary evidence for tax purposes and to correct suspected computational errors. 

Every credit sale after XX/XX/XXXX is subject to consumers ' claims and defenses for unfair or deceptive acts or practices pursuant to 16 CFR 433.3. The credit sale I engaged in with CAPITAL ONEis no exception.

Documentary evidence shall reveal that my obligation was fulfilled upon signing/endorsing the
instrument, the beneficial and security interest of which were not disclosed to me. Noncompliance has occurred in multiple ways : 1. Absence of consideration ( I received a " thought '' for my security- no benefit. All contracts must have consideration to be valid ).

2. Absence of disclosure of all facts regarding the use of a promissory note and my signature, violating the U.S. Code 's Truth in Lending Act ( TILA ) promulgated under Code of Federal Regulations ' Regulation Z. 

XXXX. Absence of disclosure of data-sharing provisions in violation of the XXXX XXXX ( XXXX ), without the option to opt out of the sharing of data with furnishers, agencies, or servicers, along with reporting. 

4. Monetization/Securitization of the originating instrument ( chattel paper ) was not disclosed to me. I was not told about the process to monetize the security interest or the secured transactions which were to subsequently take place. 

5.Lack disclosure of the banks relationship to the " trustee and beneficiary, '' amounting to concealment and voidance of the contract.

Company response to consumer: Closed with explanation