Consumer complaint received 2022-02-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Dear CAPITOL ONE BANK Representative, In XXXX of XXXX I, : XXXX XXXX XXXX XXXX XXXX applied for a credit card online with CAPITOL ONE BANK. I was excited to move forward with this process because it was my first time ever applying for a credit card ; so I thought. On the XX/XX/XXXX I received a letter in the mail from CAPITOL ONE stating Great News, you have had been approved for a credit card issued by CAPITOL ONE with a {$3000.00} credit limit. You should receive a Welcome Kit with your new card soon. I would soon after receive the card in the mail and begin using it. I do not recall if the card agreement came with the card or after the card arrived. However, when I did begin looking over the card agreement I needed clarification on some of the information being presented. So, I went to XXXX. How does the repayment system work in regards to a credit card? If I pay the minimum balance does that give me access to the full credit limit every month? If I pay for only what I spend, what is the difference between that and a debit card? How is an APR calculated for me? What is credit? I would soon be guided to United States Codes, bankruptcy laws, and case laws involving banks. What I discovered after weeks of researching left me feeling confused and helpless. How could I become a victim of bank fraud? I never was presented anything during the online application process that made me question CAPITOL ONES trustworthiness ; but it was not about what was presented, it was more so what was not presented that bothered me! 
I am reaching out to CAPITOL ONE bank demanding they remedy this awful fraudulent transaction they knowingly conducted. But first, let us go over what I discovered. 
What is credit? 
Pursuant title 15 United States Code ( USC ) 1602 ( f ) -The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. A right is something that can not be taken away or denied, unless the person who has the right allows someone to do so. A man once asked, what is the purpose of an extension cord? To plug things in to receive power, says the woman. Ok, says the man. So where does the power come from? The extension cord or the source that the extension cord is plugged into? I am the original creditor, I credited CAPITOL ONE. 
I credited CAPITOL ONE BANK when I filled out the online application and when providing my social security number. Which I also discovered pursuant 15 USC 1602 ( L ) -The term credit card means ANY card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. What is one thing businesses require in order for consumers to be extended credit, start a phone plan, to obtain a license, acquire utilities? A social security number! Therefore, my social security number is a credit card. Crazy right? But Im sure Banks -like CAPITOL ONE- already knew that! Thats why they fabricated a lie saying the social security number was used only to identify the person applying. 
Sadly, it does not end there ; I would later receive another brochure from CAPITOL ONE discussing sharing limits. It included what information of mine was going to be shared on behalf of CAPITOL ONE, and I could do about it. Included in information that would be shared, that I could not limit or stop CAPITOL ONE from sharing, was my social security number. What?! How could this be?! How can someone acquire my credit card information then tell me they are going to give out the information and there was nothing I could do about it. What kind of business transaction was this? Had I known all that I knew before applying to have credit extended through CAPITOL ONE, I wouldve reconsidered! That was not the end of the disappointment. 

I discovered a case, XXXXXXXX XXXX XXXXXXXX XXXX Bank. In the case conclusion they stated, A national bank has no power to lend its credit to any person or corporation. As well as XXXX XXXX XXXX  XXXX XXXX XXXX XXXX. A bank can lend its money but not its credit. 
Then I thought, ok well is CAPITOL ONE a national bank? After speaking with A CAPITOL BANK rep. I discovered that CAPITOL BANK is a national bank. 
Ok, well I applied for credit to be re-extended to me so they extended credit to me. Which meant they input numbers in their computer or books that would be put on a card given to me. As I read more of CAPITOL ONEs brochures, I noticed a section titled Making Payments which stated, Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us. Why would I pay U.S. dollars when U.S. dollars were not given? Why would I pay U.S. dollars when pursuant 12 USC 582 it states, No national banking association shall hereafter offer or receive United States notes or national bank notes as security or as collateral for any loan of money. Then I thought, well they didnt loan me anything. But if they didnt loan me anything, why are they asking for me to repay it? I applied for credit to be re-extended to me not for a loan. Right? Or maybe CAPITOL ONE BANK cultivated language leading consumers to think there is difference between an extension of credit and a loan? Lets say it is a loan and I am supposed to repay. Well, what proof does CAPITOL ONE have of lending me their money? Or did they give check book money? What do I mean by check book money? Money CAPITOL ONE bank created out of thin air and is wanting me to repay in legal tender. That sounds like fraud! CAPITOL ONE never loaned anything, they just switched currencies. CAPITOL ONE risked nothing. CAPITOL ONE has denied me equal protection under the law by exchanging one currency for another and refusing to be repaid in the same type of currency deposited. Which in this case, was the credit card application. Additionally, there was never an indication as to what kind of dollar was to be given to me or was expected to be used when re-payments were to be made. Does capitol one define dollar as credit money or dollar as legal money? 
Can CAPITOL ONE tell me how much they sold my mortgage note to the federal reserve for? 

During my research I came across the phrase, ultra vires, which is derived from a XXXX word meaning beyond the powers of. In case law, XXXX XXXX XXXX XXXX XXXX XXXX Bank they stated, The doctrine of XXXX XXXX is the most powerful weapon to keep private corporations within their legitimate spheres and to punish them for violations of their corporate charters, and it probably is not invoked too often. In the transaction between CAPITOL ONE and myself, CAPITOL ONE without a doubt- operated beyond their powers in various instances already laid out above and below ; making the transaction VOID. 

Additional information found worthy of citing is from the Bible, If you lend money to My people, to the poor among you, you are not to act as a creditor to him : you shall not charge him interest. Exodus 22:25. CAPITOL ONE sent a paper saying my APR rate would take effect in 15 months. But what are they charging interest on if they never lent legal tender? And if they did give their money, where did it come from? 

Lets look at case law XXXXXXXX XXXX XXXX XXXXXXXXXXXX XXXX  XXXX XXXX. The bank tried to foreclose on XXXX house due to nonpayment of a loan. XXXX stated, the bank never loaned anything the bank merely created money and credit by writing it in their bookkeeping records. The president of the bank stated that there was no United States Law of Statue which gave him the right to create money or credit out of thin air. The Justice of Peace stated, only God can create something out of nothing. And since the Banks act of creating is not authorized by the Constitution and Laws of the United States, it is unconstitutional and void! XXXX XXXX XXXX would also state, the Federal Reserve Bank and National Banks exercise an exclusive monopoly and privilege of creating credit and issuing notes at the expense of the public which does not receive a fair equivalent. This scheme is obliquely designed for the benefit of an idle monopoly to rob, blackmail, and oppress the producers of wealth. He later exclaimed, these acts ( done by the federal reserve banks and national banks ) have defiled the lawfully constituted Government of the United States and are subversive to the rights of the People in their rights to life, liberty, and property. ( the last sentence he pulled from 31 USC 462 ).

I am holding CAPITOL ONE bank liable for violating the following : Conspiracy of rights ( 18 USC 241 ), Deprivation of rights under color of law ( 18 USC 242 ), Civil action for deprivation of rights ( 42 USC 1983 ), conspiracy to interfere with civil rights [ 42 USC 1985 ( 3 ) ]. Action for neglect to prevent ( 42 USC 1986 ). See below for USC breakdowns.

We can go to court and I will seek {$50000.00} ( 10 thousand for each code violated plus the money I have already put towards the credit balance ), as well as any additional fees for the inconvenience this situation has or may have caused. Or if this can only be tried in small claims court I will take every representative to court that I have explained this issue to and charge them for violating title 42 USC 1986, plus any additional fees this inconvenience has caused me. As well as holding CAPITOL ONE BANK liable and will be asked for my remedy in small claims court to be disbursed in gold and silver only. Or we can remedy this without having to go to court by CAPITOL ONE BANK agreeing to the following : increasing the credit limit to {$10000.00} per month. Zeroing out the credit balance at the end of every months billing cycle. Cease the sharing on my credit card information ( social security number ). Give me a list of places, persons, corporations, businesses, entities, etc. that CAPITOL ONE has already shared my personal information with personal information including social security number. 

I am expecting this issue be resolved as soon as possible! This transaction between myself and CAPITOL ONE BANK has already taken away time that I could be spending with individuals who actually care and respect me. Yet, here I am discussing with frauds their fraudulent activities that they are already aware of. CAPITOL ONE BANK, you must do better. And I hope when transitioning into the crypto world you do not continue on with these deceptive trade practices. 

When can I accept the card balance to be zerod out and credit limit increased? 

: XXXX XXXX XXXX XXXX. 

ADD ON= On XX/XX/XXXX I contacted CAPITOL ONE and spoke with XXXX XXXX employee ID : XXXX ) explaining her in detail my disappointments with the company, asking her to remedy the situation. She shared, Honestly, I didnt write anything you said down because the information you presented is not relevant. If we go to court I will ne holding XXXX liable for violation of title 42 USC 1986. Also, it should be noted, if a consumer calls your company CAPITOL ONE- sharing how an error has occurred in the midst of a transaction, please train them to not say they were not paying attention. That is the biggest slap in the face. It frustrates me because these are the kinds of people you have employed to go over business matters with consumers. Ridiculous! I have the call recorded with my interaction with XXXX and the other two representatives I spoke with prior to her discussing the same issue. Its just a bad situation because XXXX is supposed to be the supervisor.

Title 18, U.S.C., Section 241 - Conspiracy Against Rights This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States XXXX XXXX or because of his/her having exercised the same ). 
It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. 
Punishment varies from a fine or imprisonment of up to ten years, or both ; and if death results, or if such acts include kidnapping or an attempt to kidnap, XXXX XXXXXXXX XXXX or an attempt to commit XXXX  XXXX XXXX, or an attempt to XXXX, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death. 
Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or cu0stom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her XXXX or XXXX. 
Acts under " color of any law '' include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority ; provided that, in order for unlawful acts of any official to be done under " color of any law, '' the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs. 
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated XXXXXXXX XXXX or an attempt to commit aggravated XXXX XXXX, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death. 

Title 42, U.S.C., section 1983 Civil Action for Deprivation of Rights Every person who, under XXXX of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 
Title 42 U.S.C., section 1985 Conspiracy to Interfere with Civil Rights ( 3 ) Depriving persons of rights or privileges If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws ; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws ; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States ; or to injure any citizen in person or property on account of such support or advocacy ; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators. 
Title 42 U.S.C., 1986 Action For Neglect To Prevent Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, 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, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented ; and such damages may be recovered in an action on the case ; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action ; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding {$5000.00} damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

Company response to consumer: Closed with explanation