Consumer complaint received 2023-02-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TN
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
Cease and Desist and 1099C  Request : XXXX : XXXX, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ] Capital One Financial Corp XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX  Federal Trade Commission Headquarters XXXX XXXX XXXX XXXX XXXX XXXX XXXX0 Cease and Desist/1099C Request RE : ACCOUNT NUMBER : XXXX I, :XXXX XXXX XXXX, the Authorized Representative of XXXX XXXX am sending the attached remittance coupon security to be paid in full with it being lawful money pursuant to 12 U.S. Code 411. I am notifying you in writing that I refuse to pay this alleged debt. This is my last attempt to resolve this matter as to CAPITAL ONE IS OPERATING UNLAWFULLY. Please help me understand how my credit file says one thing stating the Original Charge-Off amount {$790.00} but I received a coupon security in the amount of {$1000.00}, please explain how is a closed account gaining interest. Then again received an email XX/XX/XXXX about another charge off amount {$1000.00} by your company how is this possible all these different amounts. That alone is a major violation. So I attached this so-called statement coupon that I found out that these slips that you send me are a way of paying according to UCC 3-104 . I noticed that what you sent and are sending to me which you call statements and then youd redeem them as well as take the payment I sent you. That is double dipping of course and is illegal. 
In light of CAPITAL ONE charging off the account XX/XX/2022 where is the 1099C form. A lender is obligated to issue to the borrower a Form 1099-C on the occurrence of one of seven identifiable events. One of those events is [ a ] discharge of indebtedness pursuant to a decision by the creditor, or the application of a defined policy of the creditor, to discontinue collection activity and discharge debt. [ sic or ]. When a lender issues a Form 1099-C for this reason, it is natural for a borrower to conclude that a debt has been cancelled by the lender. It also is natural for the borrower to assume that upon receiving a Form 1099-C, he or she has cancellation of indebtedness income, unless one of the exceptions under the ( Code ) applies. 

I am demanding that you cease all forms of communication with me through any and all mediums UNLESS it pertains to my remedy in writing via mail pursuant 15 USC 1692c. ( c ). 
( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or I, as a federally protected consumer, am invoking my specified remedy as a consumer, and the debtor, I hereby demand all of the following : 1. Pursuant 15 U.S. Code 1666d, whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall

Company response to consumer: Closed with explanation