Consumer complaint received 2022-04-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
My identity was stolen by XXXX XXXX XXXX & XXXX XXXX XXXX XXXX there were fraudulent items on my report which I have several police reports for. Since XXXX, XXXX, XXXX, and XXXX have placed items on my report that have no belonged to me due to identity theft that has been reported time and time again. 
I also requested that the bureaus remove the sensitive information that they are illegally selling to third parties as I NEVER gave them permission to store my information. 

These notices were sent to each bureau as well as the agency reporting the information : I, XXXX XXXX XXXX consumer associated with account number XXXX, am submitting this written notice of a billing error pursuant to 15 U.S. Code 45 1666 ( a ). It has come to my attention that XXXX XXXX XXXX XXXX and XXXX XXXX  has been furnishing deceptive forms pursuant to 15 U.S. Code 1692j via mail in the manner of billing statements and related reports to XXXX, XXXX, XXXX, XXXX. XXXX XXXX XXXX XXXX and XXXX XXXX  have also furnished deceptive forms pursuant to 15 U.S. Code 1692j via mail in the manner of billing statements to my domicile requesting payment of an alleged debt. The statements always arrive with a positive balance being reflected on the right side of the ledge, which is a credit balance to myself as the consumer, pursuant to 15 U.S. Code 1666 ( d ). The account with XXXX XXXX XXXX XXXX was opened under a consumer credit transaction utilizing my open-end consumer credit plan. Pursuant to 18 U.S. Code 8 and Public Law 73-10, all debts are the obligations of the United States XXXX XXXX XXXX XXXX XXXX furnishing of deceptive billing statement ( s ) is deemed to be racketeering activity in the form of extortion pursuant to 15 U.S. Code 1961. 

XXXX XXXX Credit XXXX granted account number XXXX a credit line increase to a $ XXXX limit from the previous $ XXXX yet this was not reflected in any report. 

Pursuant to 12 CFR 1026.13 this is a billing error and requires resolution. All balances are satisfied by the united states 15 U.S. Code 1666d which states that any amount listed on a statement is considered excess of the total balance due. I ask that XXXX XXXX XXXX XXXX make amends and provide me a non-equitable relief for my current account or new one created. In addition, I ask that XXXX XXXX XXXX XXXX make amends by submitting a complete erasure of all negative marks reported anywhere including but not limited to XXXX, XXXX, XXXX, and XXXX. 

BE IT KNOWN : The green return receipt returned to me evidences a Common Law-contract between us under the Postal rule, which states : " The Postal Rule ( also known as the mailbox rule or " depositing acceptance rule '' ) is a term of common law contracts which determines the timing of acceptance of an offer when mail is contemplated as the medium of acceptance. The general principle is that a contract is formed when acceptance is communicated to the offerer. The mailbox rule is an exception to the general principle. The mailbox rule provides that the contract is formed when a properly prepared and properly addressed letter of acceptance is posted. One rationale given for the right is that the offerer nominates the post office as implied agent and thus receipt of the acceptance by the post office is regarded as that of the offeree. Also a LOST OR DESTROYED PAYMENT is not my responsibility and should be treated as accepted per UCC 3-312. 

I will hesitantly do business with XXXX XXXX XXXX XXXX moving forward and would like my bill to be put into an auto pay status and no adverse action be taken against me. This communication also serves to inform you that I will be endorsing the coupons sent to my domicile as accepted for value of alleged debt. I look forward to XXXX XXXX XXXX XXXX correcting the error in billing within seven ( 7 ) days and providing me with a speedy remedy to this issue.

Company response to consumer: Closed with explanation