Consumer complaint received 2022-01-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX # XXXX XXXX, Tx XXXX PROOF OF MAILING BILLING ERROR NOTICE CEASE AND DESIST Certified Mail # REGISTERED AGENT CORPORATION SERVICE COMPANY XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX, DE XXXX INDENTURE TRUSTEE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX CAPITAL ONE XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX ) PROOF OF MAILING 2 ) Affidavit - Billing Error Notice and Cease and Desist 3 ) CAPITAL ONE BILL DUE DATE XX/XX/XXXX {$3500.00} 4 ) CAPITAL ONE REMITTANCE COUPON/DIVIDEND WITH INSTRUMENT {$1100.00}. 

5 ) CAPITAL ONE PAYMENT HISTORY XX/XX/XXXX TO PRESENT ( As far as online will allow me to go ) 6 ) Print out of 15 U.S. Code 7006 Definitions 7 ) Print out of 16 C.F.R. 444.1 Definitions 8 ) Print out of 12 C.F.R. 1002.2 Definitions 9 ) Print out of 16 C.F. R 433.3- Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ) XXXX ) Print out of 16 U.S. Code 433.2- Preservation of consumers claims and defenses, unfair or deceptive acts or practices. 

11 ) Print out of 18 U.S. Code 1961- Definitions Racketeering activity 12 ) Print out of 18 U.S. Code 1341 Fraud and swindles 13 ) 12 C.F.R 1026.21 Treatment of credit balances 14 ) 15 U.S. Code 1666 - Correction of billing errors 15 ) 18 U.S. Code 8 Obligation or other security of the United States defined 16 ) 31 U.S. Code 3123 Payment of obligations and interest on the public debt 17 ) 15 U.S. Code 1692 e False or misleading representations 18 ) 12 C.F.R. 1026.13 Billing error resolution 19 ) 12 C.F.R. 1002.2 Definitions 20 ) U.C.C. 3-104 NEGOTIABLE INSTRUMENT 21 ) 15 U.S. Code 44 Definitions Commerce AFFIDAVIT BILLING ERROR NOTICE AND CEASE AND DESIST Notice to Agent is Notice to Principal and Notice to Principal is Notice to Agent Consumers Name : XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX # XXXX XXXX, Tx XXXX Account Ending : XXXX CAPITAL ONE QUICK SILVER Full Account : # XXXX XXXX XXXX XXXX Belief and Reasons : Billing Error Notice and adverse reaction ( closed my account ) CC : REGISTERED AGENT CC : INDENTURE TRUSTEE CC : CAPITAL ONE XXXX XXXX I am sending this billing error notice on account opened around XX/XX/XXXX. I have received billing statement from CAPITAL ONE including fees and monthly interest fees. Interest should not be billed monthly. The funding for my credit card comes from my agreement to open the credit card. My initial promise to pay is the payment for this bill. It is my promissory note. Since XXXX, we are unable to truly pay anything. We create legal tender with our signature, and you have been using my instrument outside of this agreement without my expressed written consent. I have received a bill from you monthly requesting I make a payment using my personal credit card or ACH. I have received several statements including the subject matter of an attempt to collect alleged debt for this account # XXXX XXXX XXXX XXXX. You send me a bill every month which is a dividend but made myself the consumer believe the dividend was an invoice. Please see the supporting codes and laws to support the billing errors on this account # XXXX XXXX XXXX XXXX You closed my account advising activity on this account is not consistent with the expectations for account usage and violates Capital One customer agreement. Then you advised I am STILL responsible for the balance which is incorrect as this was used for personal, family and household expenses. 
FEDERAL LAW OVERRIDES YOUR POLICY. 

Bill payment due Balance {$3700.00} Notice it is a fact, that I am a federally protected consumer, pursuant to 15 U.S Code 7006 and 16 CFR 444.1 ( d ) holder in due course, attorney in fact for any and all derivatives thereof for the surname I have been appointed and accept being the executor for all matters proceeding, and I hereby claim that I will autograph for my given name ( XXXX XXXX ) and as the agent and administrator in fact. 

Pursuant to 16 C.F.R. 433.1 ( b ) I am a consumer, natural person who seeks or acquires goods or services for personal, family or household purposes in accordance with. This account is used for personal, family and household purposes. 

Notice, it is a fact, affiant is aware, that CAPITAL ONE is a credit card issuer as defined in 16 C.F.R. 433.1 ( h ) A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. 

Notice, it is a fact that affiant is aware that an account defined under 12 C.F.R. 1002.2 ( a ) means an extension of credit. When employed in relation to this account the word use refers to open end credit.

Notice, it is a fact, affiant is aware in accordance with 16 C.F.R 433.3 CAPITAL ONE is not exempt from any claims as described in 16 C.F.R 433.2 as I, the affiant, may invoke her rights as the debtor in this consumer credit contract against XXXX for unfair and deceptive practices noted herein as no contract after the date of XX/XX/XXXX is exempt from 16 C.F.R. 433.3. 

Notice it is a fact, that affiant has reason to believe and do so believe, CAPITAL ONE has engaged in racketeering activity as defined in Title 18 U.S. Code 1961, by knowingly, intentionally, with malice sending dividends but in fact making the consumer believe that dividend was an invoice for services provided by the utilities companies which is embezzlement, theft by deception and extortion. 


I affiant, have reason to believe and do so believe CAPITAL ONE is in violation of 18 U.S. Code 1341 by knowingly sending me dividends through the mail leading me to believe it is a bill or debt committing fraud through the U.S. Mail. 


Notice it is a fact pursuant to 12 C.F.R 1026.21 When a credit balance in excess of {$1.00} is created in connection with a transaction ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer ), the creditor shall : ( a ) Credit the amount of the credit balance to the consumers account ; ( b ) Refund any part of the remaining credit balance, upon the written request of the consumer; and ( c ) Make a good faith effort to refund to the consumer by cash, check or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than 6 months, except that no further action is required if the consumers current location is not known to the creditor and can not be traced through the consumers last known address or telephone number. 

Notice it is a fact, affiant is aware CAPITAL ONE may not collect any disputed amount, I the consumer and affiant do not need to pay the creditor, the creditor can not restrict, close account, accelerate payment or make or threaten any adverse reporting to any person about the consumers credit standing without resolving the billing error. Such actions by CAPITAL ONE will forfeit its rights to collect the disputed amount as described in 15 U.S. Code 1666 ( e ).

Notice, it is a fact, affiant is aware that CAPITAL ONE must follow the procedures as defined in 15 U.S. Code 1666 ( d ) ( e ) : ( 1 ) Correct the billing error and credit the consumers account with any disputed amount and related finance or other charges, as applicable ( 2 ) Mail or deliver a correction notice to the consumer. I hereby demand that all future coupons be sent to the billing address as listed on the account in question in the form of a check for all past, current and future payments. I would like this account to remain open, open end account zeroed out every month. I, the affiant is aware that with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present and future amounts in dispute pursuant 15 U.S. Code 1666 ( e ) There is no obligation to the consumer because they have been paid by the United States. Notice it is a fact pursuant to 18 U.S. Code 8 Obligation or other security of the United States defined. The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress and canceled United States stamps. 

My debt was already paid for when the United States Congress extinguished gold and silvers is the only tenders of payments. 31 U.S. Code 3123. Payment of obligations and interest on the public debt ( a ) The faith of the United States Government is pledged to pay, in legal tender, principal and interest on the obligations of the Government. Furthermore, the symbol or character, " $ '', is not defined anywhere in legislation and is therefore a violation of 15 U.S. Code 1692e ( 2 ) ( A ). This company has engaged in unfair, abusive or deceptive trade practices by using advertisement to induce the consumer to enter into an obligation, also known as debt by using oral/written words like invoice, bill, statement. 


Pursuant to 12 C.F.R. 1026.13 ( e ) ( 1 ) Correct the billing error and credit the consumers account with any disputed amount and related finance or other charges, as applicable and ( 2 ) Mail or deliver a correction notice to the consumer. This refers to a request to resolve a billing error, by providing all documentary evidence for clarification of who funded the account. Until that request is done CAPITAL ONE can not report any late payments in accordance with regulations of the Bureau. This account should be changed to reflect an open end account. 

and do so believe that the credit agreement is a consumer contract as described in 16 C.F.R 433.1 ( i ). Under U.C.C 3-104 ( a ) an instrument is a negotiable and unconditional promise to pay. You have been using my instrument to profit without my written consent.

To clarify and address the subject matter contained in billing statements, I the affiant, am invoking my right to obtain the documentary evidence, in accordance with 15 U.S Code 44 for the books of account as described in IRS Publication 583. To verify such alleged amounts, I am requesting both journal and credits of account and ledger of debits of account to verify the current accounting and taxes associated with this account. This includes all documents, papers, correspondence, source of funding documents, books of account, financial and corporate records. 

Pursuant to 12 C.F.R. 1002.9 ( b ) ( 2 ) and 15 U.S. Code 1681a ( k ) affiant is aware you are unable to deny credit due to credit score. This is adverse action and violates consumer rights as well as Equal Credit Opportunity.

Prohibited Practices 12 C.F.R. 1002.4 Regulation B contains 2 comprehensive prohibitions against discriminatory practices : 1 ) A creditor shall not discriminate against an applicant on a prohibited basis regarding aspect of a credit transaction.

2 ) A creditor shall not make any oral or written statement, in advertising or otherwise applicants or prospective applicants that would discourage, on a prohibited basis, a reasonable person from making or pursuing an application.

A creditor may not advertise its credit services and practices in ways that would tend to encourage some types of borrowers and discourage others on a prohibited basis. In additional a creditor may not use prescreening tactics likely to discourage potential applicants on a prohibited basis. Instructions to loan officers or brokers to use scripts, rate quotes, or other means to discourage applicants from applying for credit prohibited basis are also prohibited.

I read all of your privacy policies and it says you gather information from third party sources to make determinations about me, my credit determination, and my account along sharing my information personally identifiable and anything else you deem fit to them. I found out not only is that illegal, but its violating my rights Pursuant to 18 U.S. Code 1028A - Aggravated identity theft. ( Exhibit J ) The use of consumer disclosures not direct to the person being considered is illegal. You did not ask someone who knew me personally about me spending habits and as a result you charged be higher interest rates and that is illegal. 
All of the above are examples of fraud, false misrepresentation, conversion, XXXX, breach of contract, and collusion is pursuant to 18 U.S. Code 1341 - Frauds and swindles is the appropriate statute. You closed my account without my knowledge and without my permission and reported negative adverse action to the credit bureau. This account is used for personal and household expenses. Closing my account is adverse reaction and discrimination. I demand my account be opened and no negative reporting.

You have 15 days from the date of delivery to respond to this notice. Should there be dishonor in the aforementioned requested documentation by way of unrebutted affidavit, failure to disclose requested documents, or failure of response and the particular requests to rectify any fault by CAPITAL ONE herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. However, I do in good faith expect you to handle these matters with ordinary care to address all subject matter. Respectfully. 

This was sent certified to all listed in this affidavit and notarized XXXX Whereas, I of age, of majority, give this herein notice to all, I make a solemn oath to the XXXX and only most high of creation only, whoever that may be, and I depose the following facts, so be it nunc pro tunc. 
I swear that all information provided herein and do so under penalty of perjury that the information is true, correct and accurate to the best of my ability and knowledge, so be it. 

____________________________________________________ XXXX XXXX, consumer/natural person Sworn to or Affirmed by and subscribed before me on the _________day of_______ year XXXX _____________________________________ Notary Name _____________________________________ Notary Seal : Notary Signature :

Company response to consumer: Closed with explanation