Consumer complaint received 2022-04-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
To all parties who this concerns, I received your response through the Consumer Financial Protection Bureau ( CFPB Complaint Number : XXXX ) dated XX/XX/XXXX, and submitted to the CFPB on XX/XX/XXXX, in response to the complaint I sent on XX/XX/XXXX. For numerous months, I have acted in good faith and gave Capital One, the benefit of the doubt due to possible miscommunication internally because of the coronavirus pandemic, and possible employees working from home. Unfortunately, you have conducted yourself in nothing but a criminal matter through deceit, lies, and willful non-compliance with federal law that is punishable by jail and severe fines. I do not honor your response. However, I will address authority over it. 

Per your Consumer Financial Protection Bureau ( CFPB Complaint Number : XXXX ) response, you confirmed that both respective accounts ending in XXXX and XXXX belong to me. Not once, have I disputed ownership of said accounts. Your response is deceitful, null, void, and unwarranted. 

You mentioned I, as the natural-born consumer would like you to delete the information furnished by Capital One consumer credit report, both accounts ending in XXXX and XXXX have no balance and are paid in full. This is federally mandated by Congress and it is your responsibility to accurately furnish data to the Consumer Reporting Agencies, elsewise, as Congress states in 15 U.S. Code 1681 ( a ) ( 1 ), Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. Since that is the unobjectionable truth, and in Truth and Commerce you mutually agree with me pursuant to the law I demand my consumer credit profile accurately reflect that and demand that you follow federal guidelines. Again, Your response is deceitful, null, void, and unwarranted.

You also mentioned the closure of my consumer credit cards was based on a business decision by Capital One in accordance with 12 CFR 1026.13, adverse action against a consumer who acts in good faith, is illegal and a jailable offense. I demand my consumer credit cards be reinstated immediately, along with the mutually agreed-upon mentioned remedies.

Alongside this, you state, and I quote, You also mentioned in your complaint that you wanted to know the status of the investigation from last year. Please note that CFPB case number XXXX was closed on XX/XX/XXXX. A copy of the letter is attached for your convenience. For your convenience, I attached the CFPB ( Consumer Financial Protection Bureau ) case number from last year XXXX which was closed on XX/XX/XXXX. The case number XXXX was not, and has never been nor will ever be from XX/XX/XXXX. Please see the attached document below that was attached with the Consumer Financial Protection Bureau ( CFPB Complaint Number : XXXX ) You can confirm, in yellow ink, that I purposefully highlighted the above-mentioned complaint that deserves notice. As of XX/XX/XXXX, I have yet to hear any correspondence from Capital One regarding the fraudulent closure of my credit card accounts, which adversely damaged my personal reputation and ability to obtain credit. By federal law, you are required to respond thirty ( 30 ) days according to mandates set by Congress onto data furnishers, or else you have committed a federal violation pursuant to 15 U.S. Code 1681s-2. 

Furthermore, you mentioned that I, the natural-born consumer did not receive a response from my letter dated XX/XX/XXXX. As I quote, You mentioned in your complaint that you did not receive a response from your XX/XX/XXXX, communication. Please note that your letter was sent directly to the CRAs and not to Capital One. Thus, no response from Capital One was generated. Please see the attached document below that was attached with the Consumer Financial Protection Bureau ( CFPB Complaint Number : XXXX ) I believe you, and any third parties who see this would agree as I have that you have little merit to conduct yourselves as verifying complete information when you can not even verify the address of the recipient. As stated and I quote, Weve ( Capital One ) confirmed that were reporting accurate information. For this reason, we are respectfully declining your request that we ask the Consumer Reporting Agencies ( CRAs ), to change the information were reporting about these accounts. How are you able to confirm you are accurately furnishing information on behalf of consumers to the Consumer Reporting Agencies when youre unable to properly address concerns and show proper reading comprehension skills? Instead of taking accountability for harming my personal reputation by furnishing inaccurate information on my consumer credit profile and apologizing for said violations, you resort to fallacious statements to a government agency and have the audacity to continue to violate federal law. Again, Your response is deceitful, null, void, and unwarranted. 

Furthermore, pursuant to 15 U.S. Code 1681i, you have thirty ( 30 ) days to conduct an investigation and make a consumer aware of said results along with any Consumer Reporting Agencies failure to do so is a federal violation of {$1000.00} or greater. Please see the attached document below, 15 U.S. Code 1681i You are proven to be in federal violation and have failed to meet these requirements that Congress has mandated that every and each data furnisher and Consumer Reporting Agency, who fails to abide by these requirements are liable for damages and federal violations to the natural-born consumer they have damaged as of now, you are voluntary deceitful and acting with willful non-compliance and criminal negligence. 

I, the natural-born consumer never received correspondence of any investigation or results that took place. By federal law, if you are unable to verify or conduct an investigation or you are too inadequate to do so, you must thoroughly remove information in regards to the notice of dispute. Please see attached document below, 15 U.S. Code 1681s-2 ( 9 ) ( e ) 15 U.S. Code 1681s-2 ( 9 ) ( e ) was never conducted or made aware to myself, the natural consumer in correspondence with the letter dated XX/XX/XXXX. Therefore, the information must promptly modify that time of information ; delete that item of information, or permanently block the reporting of that item of information. 

I, the natural born consumer never received correspondence from you or any Consumer Reporting Agencies within the federally mandated thirty ( 30 ) days. Nor did you follow federal guidelines and mandates. 

On XX/XX/XXXX, a notice was sent to Capital One regarding payment on a closed credit card that was paid in full. This was not accurately shown on my consumer credit report, and false information was being furnished to the Consumer Reporting Agencies. 

On XX/XX/XXXX, after forty-five ( 45 ) days of no correspondence from Capital One regarding the letter that was previously sent on XX/XX/XXXX, as a natural born consumer I initiated an administrative consumer remedy process as outlined by Congress, to come to mutual understanding in the hopes of communication, guidance, mutual benefit and receive compensation for your gross and incompetent negligence without involving courts. Along with this, I sent an invoice to Capital One for the federal violations, and the violations pertaining to me the consumer. As of XX/XX/XXXX I have filed a proper motion with Federal Trade Commission as well as the appropriate Attorney General to further handle this, should this escalate and you non-comply or take responsibility. Please see attached below, the current violations you have willfully done to me. 

Defamation of Character ( per se ) Negligent Enablement of Identity Fraud Financial injury Mental distress Violation of Federal Law 15 U.S. Code 1681o Violation of Federal Law 15 U.S. Code 1681n Violation of Federal Law 15 U.S. Code 1681i Violation of Federal Law 15 U.S. Code 1611 Violation of Federal Law 15 U.S. Code 1640 Violation of Federal Law 15 U.S. Code 1681s-2 Violation of Federal Law 15 U.S. Code 1681s-2 ( 9 ) ( e ) You have caused me greater financial harm and as of XXXX XXXX XXXX, not only have you voluntarily non-complied with federal laws mandated by Congress ( See above ), you have voluntarily lied which makes me doubt your abilities to conduct an accurate and thorough investigation as mandated in 15 U.S. Code 1682s-2.

Furthermore, please be advised Capital One is in commercial dishonor per Uniform Commerical Code 3-502 and is in acceptance of the agreed-upon offer, according to the maxim of law, Silence is Acquiescence see Georgia v. South Carolina - 497 U.S. 376 ( 1990 ) and National Union Fire Insurance Co. v. Ehrlich , 122 Misc . 682 ( N.Y. App. Div. 1924 ). This is a related doctrine that can mean, and have the legal effect, that when confronted with wrong or an act that can be considered a tortuous act, where ones silence may mean that one accepts or permits such acts without protest or claim thereby loses rights to a claim of any loss or damage. See, U.S. Supreme Court Central Pacific Railway Co. v. Alameda County, 284 U.S. 463 ( 1932 ) Furthermore, please be advised Capital One is in commercial dishonor per Uniform Commerical Code 3-502 and is in acceptance of the agreed-upon offer, according to the maxim of law, Silence is Acquiescence [ 1 ] There does herein appear to be an agreement of the parties on the terms and conditions of the contract attached herein and therefore confession of a judgment of the merits is warranted. [ 2 ] is a related doctrine that can mean, and have the legal effect, that when confronted with wrong or an act that can be considered a tortuous act, where ones silence may mean that one accepts or permits such acts without protest or claim thereby loses rights to a claim of any loss or damage. [ 3 ] I am not asking Capital One to alter nor modify any information actively being furnished to consumer reporting agencies, solely for my own discretion. I am demanding Capital One accurately and thoroughly uphold the responsibility they have as data furnishers, and stop giving me XXXX fabrications and XXXX  lies. I demand my consumer credit profile immediately be corrected as mandated by federal law and reflect what is being furnished on my consumer credit profile, and carbon copies through XXXX XXXX Compliance are sent out to all Consumer Reporting Agencies that are actively reporting false information that you have willingly gave as mandated by federal law. 

Lastly, I am not respectfully asking Capital One for compensation. I am demanding a monetary remedy also known as an administrative consumer remedy process as outlined by Congress. In congruence with the issuance of a new XXXX card, you agreed to the terms of my conditions previously as outlined. 

If you continue to dishonor your contract and fail, I will be forced to proceed with legal counsel after the exhaustion of the consumer administrative process. 

I trust this response fully addresses you. Please understand that if there are any claims that were not specifically addressed, it does not mean that I agree with those claims. 

If you have questions or concerns, please email my personal assistant at XXXX. My personal assistant is available 24 hours a day, 7 days a week. 

Best regards, XXXX : XXXX XXXX XXXX Without Prejudice, All Natural Inalienable Rights Reserved. 

Enclosures CC : XXXX XXXX XXXX XXXX of XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX Washington, XXXX XXXX CC : XXXX XXXX XXXX XXXX XXXX : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX : Consumer Financial Protection Bureau CC : Attorney General 's Office CC : XXXXXXXX XXXX XXXX XXXX : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX : Comptroller Of The Currency CC : Federal Reserve System CC : Credit and insurance CC : Federal Trade Commission XXXX : XXXX XXXX XXXX XXXX : California Regulatory agency Division of consumer complaints [ 1 ] Georgia v. South Carolina - 497 U.S. 376 ( 1990 ) [ 2 ] National Union Fire Insurance Co. v. Ehrlich, 122 Misc. 682 ( N.Y. App. Div. 1924 ).

[ 3 ] U.S. Supreme Court Central Pacific Railway Co. v. Alameda County, 284 U.S. 463 ( 1932 )

Company response to consumer: Closed with explanation