Consumer complaint received 2023-09-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
In XX/XX/2017 CAPITOL ONE AND ITS AFFILTIATES unlawfully repossessed my car and said that I had to pay additional funds to get my car back. The auto contract stated that I was purchasing the car on credit and therefore a finance charge was implemented. 15 U.S.C 1605 is a section in the TILA that explains a finance charge and details how built into the finance charge is an insurance that protects the lender in the event that the obligor defaults. Sometime during the agreement, I defaulted and what that simply means is that CAPTIOL ONE AUTO and its AFFILATES received the insurance money.

Capital One Auto and affiliates took the fraud even further and placed negative information on my credit report harming the livelihood of myself and my family. This negative reporting has caused me to be denied for homeownership and other goods needed to live. Capital One Auto placed a charge off, which the IRS considers canceled debt, and income, on my consumer report. Income should not reflect on my consumer report. It is a violation of the FCRA to knowingly furnish false and misleading information. CAPITOL ONE AND ITS AFFILTIATES are inaccurately reporting this account. CAPITOL ONE AND ITS AFFILTIATES have committed TAX FRAUD. Capitol ONE AUTO has failed to properly remit a XXXX XXXX XXXX to the debtor after cancelling a debt. It also received income from the treasury on the certificate of indebtedness and from my monthly investing payments. 

15 U.S.C 1681 a ( d ) ( 2 ) ( A ) ( i ), clearly states that transactions report containing information solely as to transactions or experiences between the consumer and the person/ corporation making the report is NOT included in the consumer report. However, Capitol One is reporting this information. The reporting of excluded information pursuant to 15 U.S.C 1681 a ( d ) ( 2 ) ( A ) ( i ) on a consumer report is a clear violation of Metro 2 Compliance. Provide me with the Metro 2 compliance disclosure on reporting transactions to a consumer reporting agency.

Capitol One is reporting collections/Charge-Offs, lates payments/ any other derogatory information in my consumer report is in violation of 26 U.S.C ss 6050P Returns Relating to the Cancellation of Indebtedness By Certain Entities. If the forementioned derogatory account information is not deleted from my consumer report in a timely manner and my finance charge returned I will be forced to officially file IRS form 3949A and 211 against all entities involved. 

I have proof that before and after you filed this cancelled debt, I paid you, according to the IRS 26 CFR 15a.453-1 ( 3 ), definition of payment and 26 CFR 15a.453-1 ( e ), CAPITOL ONE AND ITS AFFILTIATES were paid upon signing of the treasury security also known as a zero percent certificate of indebtedness. As an investor in this contract, I did not receive any good as the law requires. I made investments into this contract and lost money and property. This too is securities fraud.

Please provide all documentary evidence from the public and the private side per the stipulations of Accounting Principles Generally Accepted in the United States ( GAAP ). As a shareholder I never received my end of the year reporting during the tenure period the vehicle was in my possession. I have requested a copy of the contract I signed and the documents displaying each monthly payment ( investment ) made on the security, I have not received these documents, I am requesting a copy, again. Please remit a copy of the XXXX as required by law and delete this income from my consumer report. As well as a payment in the amount {$11000.00} ( finance charge amount ) for the damages caused due to willful negligence by Capital One Auto Finance and its affiliates. If the agreement can not be met, I am also requesting the UCC-9 Secured Transaction disclosures as required by UCC 9-506 and UCC 9-611-616 that should have been signed by me during the repossession process. Or a signed copy of me waiving the rights to these disclosures and all previous documents requested herein. 

I have proof of all fraud committed and will submit this letter and proof to the IRS, SEC, CFPB, XXXX, FDIC, FFIEC, EGRRCPA, FINRA, ATTORNEY GENERAL XXXX XXXX, in addition to any other agency that regulate banks if this matter can not be settled in Good Faith and in a timely manner. CAPITOL ONE AUTO is a public trading company and according to the XXXX and their security agreement this must be heard in a court of equity and law.

Company response to consumer: Closed with explanation