Consumer complaint received 2021-10-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Trouble using your card
Sub-issue: Can't use card to make purchases

Complaint:
Fact, The Truth in Lending Act is intended to inform consumers about the cost of credit. 

Fact, The Truth in Lending Act is intended to protect consumers against abuse and deceit by creditors and I have been abused and deceived so be it. 

Fact, Regulation Z is a code of Federal Regulation ( CFR ) which enforces & regulates Truth In Lending under title 15 On XXXX I XXXX XXXX gave capital one a negotiable instrument when I entered a consumer credit transaction for the quicksilver one credit card according to the Truth In Lending and Regulation Z. I am supposed to have an open end consumer credit plan disclosed to me when credit is being extended which a finance charge is supposed to be imposed and the sum of all charges. 
In the failure to disclose my account XXXX XXXX XXXX XXXX has been in billing error in the amount of $ XXXX.my statements come in positive balance. My billing cycle is every 30 days according to 15 usc 1637 ( a ) ( 7 ) one billing cycle per calendar year, at intervals of not less than six months or more than eighteen months. CAPITAL ONE have failed to pay off any of the public debt but rather unlawfully redirected ill-gotten gains into private corporate accounts through embezzlement, theft by deception, fraudulent conversion, and in violation to each all incorporated in entirety laws established through and as a result of the US Bankruptcy of 1933, wherein there is no money, only Bank Notes which are but only a promise to pay. Say that i owe anything is a violation of 15 usc 1692e false or misleading representations. 

Notice, it is a fact, that, I, XXXX XXXX demand that you do not terminate or close my account due to me exercising my rights in good faith pursuant to 15 U.S.Code 1691 ( a ) ( 3 ). Such an act of closing my account without my authority will serve as proof CAPITAL ONE acted without ordinary care, good faith, and has indeed performed illegal activity in evidence to this subject matter. 

Notice, it is a fact, that, I am aware this account is associated with an open ended consumer credit plan as described in 15 U.S.Code 1637 and 12 CFR 1026.5. I am aware this account has not been balancing out every month using the funds from the trust account from my principal obligor. I demand my open ended consumer credit plan be corrected and to balance out my account every month to rectify the bank errors caused by CAPITAL ONE mismanagement of payment. 

Notice, it is a fact, that I am aware, the plastic card device issued from the creditor CAPITAL ONE gives way to I, the consumer open-ended consumer credit plan in accordance with 15 U.S.Code 1602 ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time. 
Notice, it is a fact, that I am aware, pursuant to 15 U.S. Code 1605 ( a ), the finance charge is the sum of all charges. 

Notice, it is a fact, That I am aware, I am a consumer, a natural person who seeks or acquires goods or services for personal, family, or household use only in accordance with the federal regulation 16 CFR 433.1 ( b ). 

Notice, it is a fact, That I am aware pursuant to 16 CFR 433.3 ( b ) ( 3 ) the definition of open end credit is consumer credit extended on account. Pursuant to 12 CFR 1002.2 ( a ) Account means open end credit. My account number XXXX XXXX XXXX XXXX is referencing this open end credit plan which can come in the form of a credit card, check, or other device, as a plan between I, the consumer and a creditor such as CAPITAL ONE. 

Notice, it is a fact, That I am aware of a creditor in connection and in accordance with 16 CFR 433.1 ( c ) can not be both a credit card issuer and a creditor at once. A person who finances and extends credit to a natural person or a consumer would be the ALL CAPS name, my property XXXX XXXX the corporate fiction and legal engis.

15 USC 1666 b ( a ) Notice, it is a fact, That I am aware 15 U.S.Code 1637 ( b ) ( 2 ) ( A ) refers to a request to resolve a billing error, by providing all documentary evidence for clarification of who funded the account. Until that request is done CAPITAL ONE can not report late payments in accordance with regulations of the Bureau,12 CFR 1026.13 ( d ) ( 3 ). If CAPITAL ONE reports late payments without meeting the requirements under 15 U.S.Code 1637 ( b ) this is a violation of 15 U.S.Code 1666b and all late payments reported associated with the account number XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( b ) ( 2 ) Notice, it is a fact, That I am aware of 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 my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in attachment. I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of opening of this account as described in IRS Publication 583. 

Notice, it is a fact, That I am aware CAPITAL ONE as the creditor may not collect any disputed amount, I the consumer, 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 as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to required documentary evidence as requested to clarify and resolve the previously addressed billing error. 

Notice, it is a fact, That I am aware, until the creditor has resolved a billing error dispute CAPITAL ONE can not report any information to any third party including any consumer reporting agencies unless the billing error dispute is over. Such reporting will be admittance to criminal liability under 15 U.S.Code 1611 ( 1 ) for failing to disclose information CAPITAL ONE is required to disclosed the documentary evidence or be subject to double the finance charge for failing to comply to TILA requirements per individual action under 15 U.S.Code 1640 ( a ) ( 2 ) ( A ) ( i ).

12 CFR 1026.13 ( b ) ( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. 

Notice, it is a fact, that, I am aware that CAPITAL ONE is in violation of 15 U.S.Code 1611 ( 3 ). Whoever willfully and knowingly gives false or inaccurate information or fails to comply with any requirement imposed under this subchapter shall be fined {$5000.00} or imprisoned up to a year. 

Notice, it is a fact, That I am aware, the making of any false, fictitious, or fraudulent statement or representation to a customer of a financial institution such as reporting inaccurate information is a direct violation of 15 U.S. Code 6821 ( a ) ( 2 ). 

Notice, it is a fact, That I am aware 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 as shown in the agreement herein as no contract after the date of XX/XX/XXXX is exempt from 16 C.F.R. 433.3. 

failure to disclose requested documents, or failure of response, and the particular requests to rectify any fault by CAPITAL ONE herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. However, I do in good faith expect you to handle these matters with ordinary care to address all subject matter. 

Thank you,

Company response to consumer: Closed with explanation