Consumer complaint received 2023-07-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
On XX/XX/2023 I attempted to pay the balance of {$3200.00} due on my Capital One Savor credit card. I used the blank check provided on the bottom of the statement, detached it as instructed on the statement, and mailed it to the address provided by and instructed by Capital One along with my tender ( letter of instructions for Capital One so they knew what to do with the payment ). In addition to the payment and tender enclosed in a secure envelope, I provided a printed copy of Federal Reserve Act Section 16, 2. - which notifies Capital One of my right to provide a tender along with my payment.

The envelope described above was mailed directly to the Capital One billing department.

In addition to the secure envelope and its contents described above, I sent a second envelope on XX/XX/2023 directly to Capital One headquarters addressed to their Chief Financial Officer, XXXX XXXX. This letter included the following : - A copy of the same payment sent to the billing department. 
- A copy of the same tender ( letter of instructions ) sent to the billing department. 
- A copy of Federal Reserve Act Section 16, 2. sent to the billing department.

- And a copy of a notarized California Durable Power of Attorney.

Both secure envelopes described above were sent certified mail with a certificate of service ( PS form 3811 ) through United States Postal Service. Both envelopes were delivered and signed for ; one on behalf of the Capital One billing department and the other by agent on behalf of XXXX XXXX XXXX. I know this because I have the signed certificates of services from both envelopes in my possession. 

In my tender, I instructed the XXXX, XXXX XXXX to communicate in writing within XXXX business days once the payment was applied. 

Not only did XXXX XXXX XXXX and the billing department fail to respond in writing within 5 business days ; they completely ignored me ( the Owner/Director of the account ) and they failed to apply the payment which was sent to them. 

On XX/XX/2023 I made a second attempt to pay the {$3200.00} balance due by sending another secure envelope with the same contents described above inside of the envelope and sent it to the billing department. 

This time, I included a printed copy of Federal Reserve Act Section 29. Civil Money Penalty; attempting to notify Capital One that they are officially in violation of ( b ) Second Tier - breach of contract to perform any fiduciary duty. 

On XX/XX/2023 another secure envelope with the same contents was sent to CFO, XXXX XXXX XXXX again by certified mail with a certificate of service. This time, I did not include the Power of Attorney as XXXX XXXX XXXX is already in possession of the first copy I sent. Instead, I included a copy of Federal Reserve Act Section 29. Civil Money Penalty, attempting to also notify XXXX XXXX XXXX that he is in breach of contract for failure to perform fiduciary duties. In addition, I highlighted that the breach was part of a pattern of misconduct as he failed to respond to my first letter of instructions. 

The second set of letters described above, were delivered as I am in possession of both signed certificates of service proving that the Capital One billing department and Chief Financial Officer, XXXX XXXX received my second attempt to pay. 

Once again, Chief Financial Officer XXXX XXXX and the Capital One billing department failed to respond in writing within 5 business and they failed to apply the payment for the second time. 

On XX/XX/XXXX I received 2 separate letters of communication from Capital One. The first, was notifying me that Capital One has closed my Capital One Savor credit card account and stating that activity on this or another account is not consistent with our expectations for account usage and violates the Capital One Customer Agreement. The closing of the account was NOT requested, authorized, or directed by me.

The second letter was identical to the first except its contents notified me that Capital One has closed my Capital One Quicksilver credit card account as well. The closing of my Quicksilver account was NOT requested, authorized, or directed by me either. 

On XX/XX/2023 I made a third and final attempt to pay the {$3200.00} balance due on my Capital One Savor credit card account. I followed the same procedure described in my first and second attempts to pay. Again, I used certified mail with certificates of service for each instrument of communication sent to the same persons- the Capital One billing department and directly to the Chief Financial Officer - XXXX XXXX XXXX. 

The only difference of the contents of the third set of envelopes for my third attempt to pay was, I highlighted ( c ) Third Tier of The Federal Reserve Act Section 29. Civil Money Penalty, attempting to notify the Capital One billing department and CFO XXXX XXXX XXXX that this third and final attempt is a " Notice of Default - Breach of Contract ''. 

It is now XX/XX/XXXX and I have yet to receive any response to my third attempt to pay. 

On page 5 of the Credit Card Agreement for Consumer Cards in Capital One, N.A., it states verbatim, " This Agreement is governed by applicable federal law and by Virginia law ''

Company response to consumer: Closed with explanation