Consumer complaint received 2023-02-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN
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:
I tendered payment via an XXXX  negotiable instrument in the form of postal money order XXXX in the amount of {$XXXX} to my Platinum account in accordance with XXXX, UCC 3-603 and UCC 3-311. They accepted my instrument and tendered it for {$XXXX}, but did not credit my account properly. I spoke to them on the phone ( recording attached to previous complaint with XXXX # XXXX ) and they refused to apply the proper payment, even though they admitted they accept legal tender, which is what I gave them. This is a dishonor and against the law. Congress has the constitutional power to make the Treasury notes of the United States a legal tender in payment of private debts, in time of peace as well as in time of war. See ; Supreme Court Case Legal Tender Cases, 110 U.S. 421 ( 1884 ). USPS money order is equivalent to a promissory note by public law. 
I submitted a private complaint with CFPB on XX/XX/XXXX for Capital One. They responded on XX/XX/XXXX that they needed more time. On XX/XX/XXXX I made another payment to both Capital One accounts, although my account is already paid in full via the legal tender they accepted and cashed on XX/XX/XXXX. On XX/XX/XXXX I received a letter via USPS mail from Capital One XXXX that both of my Capital One Accounts are closed but still open for payments. Capital one is in direct violation of public law and UCC 3-603 ( b ) when Capital One accepted the legal tender by cashing the money order and then closing my account. XXXX XXXX ( b ) states " If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates ''. 
I have not broken any cardmember service agreements as Capital One stated in their letter ( see attachments ). Capital One Bank cashed the Negotiable Instrument for {$XXXX} and retaining it constitutes accord and satisfaction, See ; Supreme Court cases Lovorn v. Iron Woods Products Corp., 362 So.2d 196, 197 ( Miss. XXXX ) and T.C. COOK & Mack Hicks, d/b/a Cook 's Crossing Auto Center v. Jack BOWIE , et al XXXX ( Rehearing Denied ) Capital Ones Failure to Notice, Acknowledge and/or Understand the Verbiage does not change the provisions of Accord and Satisfaction. See ; Mc Mahon Food Corp. v. Burger Dairy Co., C.A.7 ( Ill. ) XXXX  103 F.3d 1307, ( rehearing Denied ) Capital One is an LLC that must abide by the Uniform Commercial Code ; The entire taxing and monetary systems are hereby placed under the U.C.C. '' ( Uniform Commercial Code ) '' - The Federal Tax Lien Act of 1966 I have the right to negotiate the money order that I purchased with written provisions that satisfied the debt without levy of my account. UCC 3-114 sates that " If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers ''. 
I have attached the Laws and Codes for your review.

Company response to consumer: Closed with explanation