Consumer complaint received 2022-05-27
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
On XX/XX/XXXX, I, XXXX XXXX the original creditor, consumer and Natural person went to XXXX XXXX XXXX of XXXX for a consumer credit transaction as defined in 12 CFR 1002.2 ( h ) for a XXXX XXXX XXXX, and was conned and mislead into leaving with an alleged loan. I gave XXXX XXXX XXXX of XXXX my credit card pursuant to 15 USC 1602 ( l ) which states ; The term " credit card '' means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. I extended credit to XXXX XXXX XXXX of XXXX in good faith and I received no benefit. XXXX XXXX XXXX of XXXX practiced unauthorized use of my credit card which also constitutes fraud. XXXX XXXX XXXX of XXXX has violated my consumer rights by using my credit card and I the consumer received no benefit. Congress has stated under 15 USC 1602 ( p ) The term " unauthorized use, '' as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. Only I, the consumer and natural person, have authority over my credit card because I am the card holder pursuant to 12 CFR 226.2 ( 8 ). XXXX XXXX XXXX of XXXX is under the Truth in Lending. Truth in Lending states that the finance charge is the only thing that I am responsible for ; 15 USC 1605 ( a ) '' Finance charge '' defined ; Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. What I participated in was a consumer credit transaction in which I received no benefit from being overcharged in an amount that was higher than what was determined as the " finance charge ''. I was not given full disclosure of the contract 's terms and conditions nor did I know that the term " finance charge '' could hold more than one definition under the Truth And Lending. I have reasonable cause to believe that XXXX XXXX XXXX of XXXX is furnishing deceptive forms pursuant to 15 USC 1692j ; based on my own Documentary evidence supplied by XXXX XXXX XXXX of XXXX the day of this transaction. Due to the fraud I have become aware of, pursuant 15 U.S. Code 1635, I am invoking my right of rescission of this contract. I am aware that XXXX XXXX XXXX of XXXX can be held liable for any violations that they have committed pursuant to 15 U.S. Code 1640 and I intend to hold XXXX XXXX XXXX of XXXX liable for these violations. Due to the facts stated here within, the promissory note that was signed by myself is XXXX XXXX XXXX. I have made contact with CAPITAL ONE and they have stated " We regret the vehicle purchase experience did not meet your expectations. However, COAF ( Capital One Auto Finance ) was not present at the time of the purchase ''. For this reason, CAPITAL ONE has no standing to decline me from invoking my right of rescission of this fraudulent contract that produced the promissory note used in this matter, for the purpose of Obtaining the XXXX XXXX. I have reasonable cause to believe XXXX XXXX XXXX of XXXX knows they have committed fraud because they offered me money in the form of a check in the amount of {$500.00} after they received my letter of claims. I have reasonable cause to believe XXXX XXXX XXXX and CAPITAL ONE are in violation of 18 U.S. Code 1028A. I have reasonable cause to believe that even in the event that this alleged promissory note is valid, pursuant 18 USC 8 it is the obligation or other security of the United States and I will not be held liable for that which does not belong to me, the original creditor, consumer and Natural person. I have reasonable cause to believe CAPITAL ONE is in direct violation of 31 U.S. Code 3729 - False claims. Each month CAPITAL ONE sends an electric billing statement that shows false and or misleading information about the amount due pursuant 15 U.S. Code 1692e and in return equates to what is known as billing errors pursuant 15 U.S. Code 1666 ( b ) ( 5 ) and 12 CFR 226.13. I have reasonable cause to believe CAPITAL ONE is a debt collector furnishing an alleged debt to my consumer report as a means of coercing me to pay this alleged debt and further extort me. I am aware that collection of extensions of credit by extortionate means is a violation of 18 USC 894 and carries a criminal liability of up to 20 years. I have reasonable cause to believe CAPITAL ONE HAS VIOLATED THE LAW knowingly and without remorse.

Company response to consumer: Closed with explanation