Consumer complaint received 2023-02-08
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
I sent CAPITAL ONE FINANCIAL a Cease and Desist, Debt Validation, Conditional Acceptance, NOTICE AND DEMAND ( six pages ), regarding the debt validation on XX/XX/XXXX, of sent via United States Post Office ( hereinafter USPS ) Registered Mail Number XXXX Return Receipt to : CAPITAL ONE FINANCIAL HEADQUARTERS XXXX XXXX XXXX XXXX XXXX XXXX, VA [ XXXX ]. 

Please see below the last letter I sent them on XX/XX/XXXX register mail XXXX. 

I included your company in correspondence with this matter with all mail I have sent CAPITAL ONE FINANCIAL. 


NOTICE OF FAULT AND OPPORTUNITY TO CURE THIS NOTICE AND ENCLOSURES ARE A PRIVATE COMMUNICATION BETWEEN THE PARTIES AND CONSTITUTE DUE PROCESS NOTICE TO AGENT ( s ) IS NOTICE TO PRINCIPAL ( s ) -- - NOTICE TO PRINCIPAL ( s ) IS NOTICE TO AGENT ( s ) DATED : XXXX XXXX XXXX the XXXX day of the XXXX month of the year XXXX XXXX FROM : : XXXX ;. XXXX ( CLAIMANT ) XXXX XXXX XXXX XXXX XXXX California [ XXXX ] Non-Domestic without the United States TO XXXX CAPITAL ONE XXXX individually and in the commercial capacity, acting as and/or its principals, subsidiaries, agents, affiliates, successors and/or assigns ( individually and collectively, RESPONDENTS ) c/o XXXX XXXX XXXX XXXX XXXX XXXX, VA [ XXXX ] CONSUMER FINACIAL PROECTION BUREAU XXXX : XXXX XXXX XXXX XXXX XXXX XXXX WASHINGTON, D.CXXXX XXXX ATTORNEY GENERAL XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX SECURITIES AND EXCHANGE COMMIISSION XXXX XXXX XXXX XXXX, XXXX WASHINTION, DC XXXX FEDERAL TRADE COMMSION XXXX XXXX XXXX XXXX XXXX, XXXX WASHINGTON, DC XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX XXXX XXXX Cease and Desist XXXX Debt Validation, Conditional Acceptance Letter, dated XX/XX/XXXX, from Claimant to Respondents ( among others ), regarding Cease and Desist, Debt Validation, Conditional Acceptance Letter. 

COMES NOW THE CLAIMANT, natural woman and free inhabitant on the land, in peace and with the intention of obtaining lawful remedy as is provided by law NOTICE TO THE ABOVE RESPONDENTS IN THE MATTER OF : CAPITAL ONE FINANCIAL CORPORATION, acting as CREDITOR and/or, agents, affiliates, successors, debt collectors ; failure of Respondents to properly respond to Cease and Desist, Debt Validation, Conditional Acceptance, and, failure to comply with the Claimants demands, and, failure to carry out Claimants orders, pursuant to the Notice. 

NOTICE : Capitalized and defined terms not otherwise defined in this Notice of Default and Opportunity to Cure shall have the meanings ascribed to such terms in the Notice. 

He who is silent is considered as assenting, when his interest is at stake. 

An unrebutted affidavit stands as truth in commerce. 

He who is silent is supposed to consent. The silence of a party implies his consent. 

An unrebutted affidavit is acted upon as the judgment in commerce. 





I. STATEMENT OF FACTS 1. On XX/XX/XXXX, I XXXX XXXX XXXX made presentment of Cease and Desist, Debt Validation, Conditional Acceptance, NOTICE AND DEMAND ( six pages ), regarding the debt validation sent via United States Post Office ( hereinafter USPS ) Registered Mail Number XXXX Return Receipt to : CAPITAL ONE FINANCIAL HEADQUARTERS XXXX XXXX XXXX XXXX XXXX XXXX VA XXXX XXXX XXXX, a copy of which is enclosed herein. 
2. Per the Claimants inquiry to USPS.com Track and Confirm, and per the dated return receipt PS Form 3811, the Cease and Desist, Debt Validation, Conditional Acceptance Letter was delivered on XX/XX/XXXX to RESPONDENTS. 
3. As of XX/XX/XXXX, RESPONDENTS have chosen to ignore my request. 
4. As of XX/XX/XXXX, RESPONDENTS failed to comply with the Claimants Conditional Acceptance and failed to uphold Claimants demands pursuant to the following Sections of the Notice ( which were required to be complied with and postmarked within twenty-one ( 21 ) days of said Notice ) : 1. VALIDATE DEBT 2. DEMAND FOR REMOVAL 3. PAY COMPENSATING DAMAGES 5. RESPONDENTS have not refuted nor rebutted the PRESENTMENT via affidavit sworn under penalty of perjury. 
6. RESPONDENTS also have failed to perform required actions. 
7. RESPONDENTS failed to provide the complete GAAP Audit trail for this account, including all documents. 
8. RESPONDENTS are in violation of Title 18 USC 242? 241? and15 U.S. Code 1681a ( 2 ) ( A ) ( iii ) - when STATING we understand you would like us to modify the information we reported about your accounts. Weve confirmed that were reporting accurate information. I was not given the chance to opt out of having this information reported about account ending in XXXX and this disputed information must be removed.

9. RESPONDENTS stated, AFTER CONDUCTING A REVIEW of your account ending in XXXX, we have made the decision to suspend and close your account on XX/XX/XXXX. Pursuant to 12 C.F.R. 1026.13 ( d ) ( 1 ), 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 FINANCIAL CORPORATION 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 FINANCIAL CORPORATION for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S. Code 1693n for failing to provide required documentary evidence as requested to clarify and revolve the previously addressed billing error.

10. RESPONDENTS stated, We respectfully decline your request to zero out the balance on the account ending in XXXX. Pursuant to 15 U.S. Code 1692a ( 4 ), the term creditor means any person who extends credit creating the debt. I extended the credit which makes me the original creditor in fact and this debt has already been paid for. 
11. RESPONDENTS stated We confirm we made no errors when servicing of your accounts. Therefore, we are respectfully declining your request for compensation. Pursuant to 15 U.S. Code 1681n, my invoices are listed accurately according to all of your violations. 
12. RESPONDENTS stated, Capital One is not required to sign an affidavit or certify its response made to a customer complaint, request for information, or receipt of documentation. According to the UCC and the Laws of Commerce, in commerce, truth is sovereign. Truth is expressed in the form of an affidavit. An unrebutted affidavit stands as truth in commerce. An unrebutted affidavit becomes a judgment in commerce. Therefore, he who leaves the field of battle first ( does not respond to the affidavit ) loses by default. Youve yet to respond via affidavit. 
13. RESPONDENTS are at Fault. 
14. RESPONDENTS have no right to act outside the scope of Claimants instructions in the Notice. 

RESPONDENTS willingly breaching their fiduciary duties by failing to honor RESPONDENTS Cease and Desist, Debt Validation, Conditional Acceptance Letter and failing to uphold Claimants rights can only lead Claimant to believe that RESPONDENTS are continuing to violate the many Title 15 united states codes listed.

II. OPPORTUNITY TO CURE You have ten ( 10 ) days from the delivery date of this NOTICE OF FAULT AND OPPORTUNITY TO CURE to : ( a ) meet all obligations described in the Cease and Desist, Debt Validation, Conditional Acceptance and send a signed notice of completion of said obligations postmarked within ten ( 10 ) days, or, ( b ) respond to the Cease and Desist, Debt Validation, Conditional Acceptance ( sent with the Notice ) on a point-by-point basis, via sworn responsive affidavit, under RESPONDENTS full commercial liability, signed under penalty of perjury that the facts contained therein are true, correct, complete and not misleading. As expressed in the Notice, mere declarations are an insufficient response. All responses are required to be mailed to me in care of the Witness at the mailing location provided in this Notice styled EXACTLY as written below : ________________ c/o ______________, Witness c/o ____________ ____________, ________ [ _____ ] NOTICE : Any and all responses from RESPONDENTS shall be sent to Claimant by traceable mail only, certified or registered mail. If an extension of time is needed to properly answer, please request it in writing and send the request by traceable mail to the mailing location provided above. If you simply meet the obligations of the Notice, your actions shall not be construed as an admission of guilt, and I shall release you of all liability regarding this matter. Your non-response to the Cease and Desist, Debt Validation, Conditional Acceptance shall be construed as an admission of the facts contained therein.

III. FAILURE TO ACT AS REQUIRED The Witness shall execute a certification of your response or lack thereof. If you fail to respond, said certification, along with the NOTICE AND DEMAND ( and Cease and Desist, Debt Validation, ) and this NOTICE OF FAULT AND OPPORTUNITY TO CURE, shall be the FINAL EXPRESSION IN A RECORD as a complete and exclusive statement of the terms of the agreement between us. 

Public notice of our private agreement may be made a matter of public record at any time and at the discretion of the Claimant. 

IV. ENCLOSED The following is enclosed are incorporated herein by reference. Please read them carefully : 1. Cease and Desist, Debt Validation, Conditional Acceptance, certified copy Thank you for your time and attention to this matter.

I declare ( or certify, verify, or state ) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, under common law. 
Executed without the United States, at XXXX this ______ day of the __________ month. Witness my hand. 

Witnessing By : _____________________ ___________________ ____________, All Rights Reserved ___________________ NOTICE : THIS DOCUMENT IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS AND IS FOR THE PURPOSE OF OBTAINING LAWFUL REMEDY AS IS PROVIDED BY LAW. 

Using a notary on this document does not constitute any adhesion, nor does it alter my status in any manner. The purpose for the notary is verification and identification only and not for entrance into any foreign jurisdiction.

Company response to consumer: Closed with explanation