Consumer complaint received 2023-02-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
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:
IMPORTANT NOTICE OF ADMINISTRATIVE DEFAULT XXXX XXXX ( XXXX ) Date : XX/XX/XXXX Capital One ( XXXX ) To all and the singular, Greetings ; XXXX has failed their obligations under 15 U.S.C. 1666 ( a ) ( A ), ( B ) ( i ), ( ii ). This is XXXX Notice of Default. XXXX was legally bound to respond as a party to the contract and its related controversy in relation to the law. XXXX has granted XXXX time to be heard and respond and XXXX refuses to be heard or give response. Silence can only be equated with fraud where there is a legal or moral duty to speak or where an inquiry left unanswered would be intentionally misleading, United States v. Tweel, 550 F.2d 297 ( 5th Cir. 1977 ). Therefore, Libellant can avoid the contract due to XXXX fraud, duress, or misrepresentation, XXXX XXXX XXXX, 19 F.3d 666 ( D.C. Cir. 1994 ). 
XXXX failed to provide documentary evidence as defined in 15 U.S.C. 44, and required pursuant to 15 U.S.C 1666 ( a ) ( B ) ( ii ) as requested by requirement in the initial communication, with the Fair Credit Billing Act Correction of Billing Errors. XXXX also failed to refund all payments made to date, to consumer via check or money order as required pursuant to the initial notice and required pursuant to 15 U.S.C. 1666d ( C ). Pursuant to 15 U.S.C. 1666h ( b ) the funds that you take must be constitutionally available to creditors generally, which is an impossibility since consumers do not fall under the commerce clause of the constitution pursuant to Article 1 Sec. 8 Clause 3 and can not incur debt for personal, family or household purposes. Please be advised that the Terms and Conditions of your institution may at NO time breach Federal Law or the Constitution of the United States or the state ( s ) Constitution. 
XXXX stands in DEFAULT due to the clause required under 16 CFR 433.2 as well as 15 U.S.C. 1666i was not disclosed or outlined anywhere in the initial contract, which makes the initial contract a deceptive form as well as false and misleading. 
XXXX stands in DEFAULT due to a direct violation of the Truth in Lending Act Regulation Z which clearly states that pursuant to 15 U.S.C. 1605 that the finance charge is the sum of all charges and when a finance charge is in place there can not be a comparable cash transaction. Therefore, your monthly request for payment is a violation of my consumer rights when the application itself is a financial asset pursuant to 12 CFR 360.6 ( 2 ) and is self-liquidating paper pursuant to 17 CFR 260.11b-6. The application itself funded the initial transaction and you have been fraudulently requesting monthly payments which is an unfair and deceptive trade practice and is considered unjust enrichment. 
XXXX stands in DEFAULT and is with scienter under the doctrine of estoppel by acquiescence for their nonresponse, or noncompliance with the law, and is now subject to a default judgment filed against them for injury and damages sustained. Pursuant to 15 U.S.C. 1666e the creditor may forfeit their right to collect from the obligor the amount indicated by the obligor in the initial Correction of Billing Errors Notice sent on XX/XX/XXXX. 
XXXX stands in DEFAULT pursuant to 15 U.S.C. 1666a ( a ) for reporting amount withheld delinquent, failed to report the amount in dispute and/or update all consumer reports to paid as agreed pursuant to 15 U.S.C. 1666a ( b ) and/or failed to report to the consumer reporting agencies any resolution or to any party said delinquencies were initially reported pursuant to 15 U.S.C. 1666a ( c ). 
XXXX stands in DEFAULT pursuant to 18 U.S.C. 242 deprivation of rights under color of law. 
XXXX stands in DEFAULT pursuant to 15 U.S.C. 1666c as consumer was charged interest. 
XXXX stands in DEFAULT pursuant to 15 U.S.C. 78m ( q ) ( 1 ) ( c ) since it is an impossibility to make a payment since the definition of payment pursuant to this code does not pertain to me as a consumer and therefore constitutes mail fraud pursuant to 18 U.S.C. 1341 and fraud by way of wire pursuant to 18 U.S.C. 1343 and an adverse action which is a violation pursuant to 15 U.S.C. 78j, 15 U.S.C. 78ff, 15 U.S.C. 1691 ( a ) ( 3 ) and is a deprivation of my rights under color of law pursuant to 18 U.S.C. 241 and 242. 
XXXX stands in DEFAULT and is with scienter under the doctrine of equitable estoppel for their false representation or concealment of material facts requested in the initial communication. 
XXXX stands in DEFAULT and is with scienter under the doctrine of estoppel by convention because of XXXX influence. XXXX being influenced to their detriment, did rely, or was influenced upon the assumption that XXXX would have complied with the law. 
XXXX stands in DEFAULT and is with scienter under the doctrine of contractual estoppel as the terms of the initial communication are binding upon XXXX for their nonresponse, or noncompliance with the law. 
Under the doctrine of contractual estoppel and estoppel by acquiescence it is mutually binding that 1 ) a default shall be entered against XXXX, and 2 ) XXXX XXXX XXXX XXXX XXXX, a Texas corporation may arbitrate the contract and its controversies. For when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time a relation of estoppel exists. 
Calendar shall be set for XX/XX/XXXX at XXXX EST, unless timely objected by XXXX on before the close of business on XX/XX/XXXX at XXXX EST. 

XXXX XXXX, XXXX.

Company response to consumer: Closed with explanation