Consumer complaint received 2023-02-08
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PR
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Capital One Case : XXXX CFPB Case : XXXX From : XXXX : XXXX XXXX XXXX, Beneficiary, Trustor and Secured-party to the Social Security XXXX XXXX XXXX  XXXX XXXX XXXX XXXX Without Prejudice Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Tn. XXXX To and in care of : XXXX : Family of XXXX d/b/a Trustee of the Social Security XXXX XXXX XXXX XXXX XXXX XXXX and d/b/a XXXX XXXX, Chief Executive Officer of Corporation Capital One Financial Corporation CAPITAL ONE BANK USA N XXXX XXXX XXXX XXXX XXXX XXXX , UT XXXX RE : Account # XXXXThis is a Trust action and as an acting trustee over Social Security XXXX XXXX XXXX  XXXX XXXX XXXX you as a trustee have a duty of loyalty. As fiduciary, a trustee is legally bound to base all decisions regarding trust assets on what is best for the beneficiaries. Trustee fraud is a type of trustee malfeasance, but XXXX that involves an intentional bad act by the trustee to benefit him/herself to the detriment of the trust beneficiaries or XXXX parties. Trust fraud is felony. 


The debt for Capital One account # XXXX is contractually assigned to Social Security XXXX XXXX XXXX XXXX XXXX XXXX. The debt is not assigned to the human beneficiary. Since this has been reported as fraud and have not provided any evidence that was requested under federal law, you are now malfeasance in doing so. You have an obligation to remove this account from the beneficiaries Credit Report and withdrawal any negative derogatory marks it may have received. House Joint Resolution 192, Public Law 73-10 states that all debt public and private are paid for. There is no debt. 

This account was opened and reported as fraud as soon as it came to my attention XX/XX/XXXX- There was an investigation saying this account was valid however that is false! You fraudulently pulled money from my trust and issued it to another person without verifying it was in fact me the beneficiary to this account. I gave no such authorization for my money to be issued out or to gain access to my trust. If Capital one states this is a valid debt then I will subpoena ledger balances that prove this money was theirs that they issued and not from my trust. You have mailed me no correspondence for Social Security XXXX XXXX XXXX  XXXX XXXX XXXX. This credit card was Identity theft and was not opened with my consent! It is invalid and violates my rights under common law. Since you lay claim against my property ( Name ). You lay false claim against my name and bond under common law. You are now required to remove and dismiss this from the beneficiary of Social Security XXXX XXXX XXXX  XXXX XXXX XXXX Credit Report CONSPIRACY AGAINST RIGHTSUSC 18 241 If XXXX or more persons conspire to injure, oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of any right, they shall be fined under this title or imprisoned not more than ten years, or both. CONSPIRACY TO INTERFEREUSC 42 1985 If XXXX or more persons in any State or territory conspire for the purpose of depriving, either directly or indirectly any persons rights the party so injured or deprived may have an action for the recovery of damages against any XXXX or more of the conspirators. NEGLECT TO PREVENTUSC 42 1986 every person who, having knowledge that any of the wrongs conspired to be done or are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured ( Cruden v. Neale ) man is independent of all laws, except those prescribed by nature. he is not bound by any institutions formed by his fellow- man without his consent. THE REAL LAW ( Marbury -v-Madison, 5th US ( 2 Cranch ) 137, 174, 176, 1803 ) RIGHTS AND SOVEREIGNTY ( hurtado v. People of the State of California, 110 U.S. 516 ) The assertion of federal rights [ Bill of Rights ], when plainly and reasonably made, is not to be defeated under the name of local practice. ( davis v. Wechsler, 263 US 22, 24 ) Sovereignty itself is, of course, not subject to law, for it is the author and source of law. ( yick Wo v. hopkins, 118 US 356, 370 ). to deprive the People of their sovereignty, it is first necessary to get the People to agree to submit to the authority of the entity they have created. That is done by getting them to claim they are citizens of that entity Constitution for the U.S.A., XIV Amendment Isbill v. Stovall LAW OF THE LAND This Constitution, and the laws of the United States which shall be made in pursuance thereof ; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. US Constitution If any statement, within any law, which is passed, is unconstitutional, the whole law is unconstitutional. ( Marbury v. Madison : 5 US 137, 1803 16Am Jur 2d : 16Am Jur 2d., Sec . 97 ; Bary v. United States - 273 US 128 16Am Jur 2d., Sec . 114 16Am Jur 2d., Sec . 256 Mudook v. Penn. 319 US 105, 1943 Owen v. lndependence 100 Vol. Supreme Court Reports. 1398 : [ 1982 ] ; Main v. Thiboutot 100 Vol. Supreme Court Reports. 2502, 1982 Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 ; 1958 davis v. Burris, 51 Ariz. 220, 75 P.2d 689 ; 1938 In re duncan , 139 U.S. 449, 11 S.Ct. 573, 35 L.ed. 219 ; Minor v. happersett, 88 U.S. ( 21 Wall. ) 162, 22 L.ed. 627. Blacks Law dictionary, Fifth edition, p. 626 People v. Skinner, Cal., 110 P.2d 41, 45 ; State v. Rossi , 71 R.I. 284, 43 A.2d 323, 326 ; direct Plumbing Supply Co. v. City of dayton, 138 Ohio St. 540 , 38 N.e.2d 70, 72, 137 A.L.R. 1058 ; Stoner v. higginson, 316 Pa. 481, 175 A. 527, 531 Schware v. Board of Bar examiners, 353 U.S. 232 ; 1957 Schware v. Board of examiners, United State Reports 353 U.S. pages 238, 239 Sims v. Aherns, 271 SW 720 ; 1925 Murdock v. Pennsylvania, 319 U.S. 105, at 113 hertado v. California, 110 U.S. 516 Miller v. U.S., 230 F 2d 486. 489 14th Amendment Article I, section 1 Waring vs. the Mayor of Savanah Chisholm v. Georgia State v. dallas City United States -v- Williams Reminder A reminder that this is a trust action. You are in a fiduciary position as trustee because you are handling and working with my Social Security XXXX XXXX XXXX XXXX XXXX XXXX directly or indirectly as part of the service you provide. As a fiduciary everything you do MUST be for my benefit. If this debt is not placed in satisfactory status you are acting in your own best interest which makes you malfeasant of office. It is trust fraud and that is a felony. Avouchment I, XXXX XXXX XXXX, do hereby avow that based upon my firsthand knowledge and information relayed to me from research, this Common Law Contract, is true, accurate and correct to the best of my knowledge, information and belief and conveys the requirements set forth as intended by me without prejudice.

Company response to consumer: Closed with explanation