Consumer complaint received 2021-09-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
16 C.F.R. 433.1 ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. 16 C.F.R. 433.2 In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ) 16 C.F.R. 433.3 ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. I placed my indorsement on a consumer credit contract with Capitol One. The consumer credit contract is a negotiable instrument. A purchase money loan, which is a cash advance was never given to me the consumer. I was also given a card with a very little credit on it and it was supposed to be open ended pursuant to 16 C.F.R. 433.3 ( b ) ( 2 ). If banks can only lend their own money and are not allowed to lend credit that means what did you lend me? This is ultra vires and this is unfair, deceptive acts or practices. 16 C.F.R. 433.3 ( b ) ( 3 ) Capitol one was supposed to give me open end credit by use of my credit card which is my social security card. Pursuant to 15 U.S.C. 1602 ( i ) a Credit card means ANY card. Pursuant to 15 U.S.C. 1635 I have the right to resend certain transactions. I would like to resend these transactions on accounts ending in XXXX and XXXX case # XXXX. Pursuant 15 U.S.C. 1635 ( b ) I would like all money returned back to me. I can't owe an alleged debt for something that was already settled when I Indorsed the negotiable instrument. Pursuant 18 U.S.C. 8 all obligations are of the United States. 12 U.S.C. 411 states this as well. I could go down the list of violations you've committed which Identity theft is one you reported to The CRA 's that I also owe an Alleged debt it's harming my reputation and it's fraud.

Company response to consumer: Closed with explanation