Consumer complaint received 2023-03-31
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Capital One Quicksilver The nature of this Consumer Credit Transaction is Summed to 15 U.S. Code S 1692 - Congressional findings and declaration of purpose ( a ) ABUSIVE PRACTICES There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. Pursuant to 18 U.S. Code 1014 - Loan and credit applications generally ; Capital one is in violation for knowingly making any false statement or report, or willfully overvalues any land, property or security. Form of Identity theft exists in these Consumer Credit Transactions with Capital one false claiming & assuming vital roles as the Creditor, administrator, lender, beneficiary. I am the beneficiary which does not pay debt, trustee pay debt which is Capital one. Capital one is the trustee thats obligated to the Beneficiary, I. I am suppose to be able to trust Capital one with overlooking accounts, complying with my demands & Request. Capital one has failed to lawfully conduct business properly, not throughly & carefully investigating the nature of ALL Disputes & Documents but fraudulently coming after I for bills I am not obligated to pay for nor possible to pay with no Gold or Silver substance pursuant to 18 U.S. Code 8 - 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. Coming up with many ways deceptive forms to coerce me for payment of a bill. All phone calls I had with Capital one the Customer service was horrible with no one being able to actually help but only make the situation worst causing more damages correlating to Civil Liabilities pursuant to 15 USC 1692k. Every interaction I had with capital one in good faith has been neglected & dismissed, not once did I see any attempt of Capital one displaying lawful consideration. Not once have I been informed of my Rights will full disclosure as an Consumer. An Consumer have Rights constructed under a system in place for the them called Consumer Protection Laws.

Employees misinforming you of your Consumer Rights, seems inevitable to happen if they are looking at you as an Customer instead of the Consumer. Capital one has failed to Realize or take Accountability of the fact that this is an Consumer Credit Transaction & fails to innerstand what Consumer Protection Laws is. Consumer protection laws safeguard purchasers of goods and services against defective products and deceptive, fraudulent business practices. Businesses like this knowing the true nature of what it possess leaves no excuse for them to not make the Right & lawful consideration. Disobeying & Neglecting Consumer Protection Laws as if they are above it, feeling like they dont have to comply with. Capital one referring to me as an Customer. A Consumer & an Customer are two separate things. Last time I checked you will not be able to find the word Customer related or under Consumers Protection Laws. Giving I, the Consumer deceptive information while I Am Embracing or Exercising my Consumer Laws Rights resulted in Capital One closing my account. So because I was exercising my Consumer Rights my account has been closed by Capital one. Coercing me for payment Capital one has but when trying to pay with a payable instrument it is not recognized as payment. I have accepted coupons for value & returned to sender extinguished somehow I was told they are not accepting that form of payment yet pursuant to UCC 3-603 TENDER OF PAYMENT, UCC 3-104 NEGOTIABLE INSTRUMENT, UCC 3-110 IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE it is illegal for them not to accept that form of payment. The form of payment is acceptable but they coerce you to use your FRNs for payment only. Paying with FEDERAL RESERVE NOTES are optional. Capital one has been Reporting my account as delinquent while in dispute. Capital one will not/can not bind me to there contract as I am the only one with verifiable risk. I have the Right to release myself from any contracts I put myself in. Civil and criminal liability for willful noncompliance to keep me obligated to terms thats not binding & not releasing funds thats due to I, the Consumer as I demanded & requested lawfully. With an Billing error notice acknowledging how my billing is incorrect being aware it is an Credit balance. Pursuant to 15 U.S. Code 1666d - Treatment of credit balances- Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall- ( A ) credit the amount of the credit balance to the consumer 's account ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months. Capital one has Neglected my Demand of remaining credit balance, displaying many acts of not doing business in good faith or having any lawful consideration.

Benefit of an obligor, in every Consumer Credit Transaction the entity refers to the Consumer paying the bill as the obligor as they are obligated to pay under there terms, which Capital one sure does view me as in this contract holding me obligated to there terms. Capital one has been using many deceptive forms to coerce payment from me for fictitious alleged debt, thats actually coerced debt under constructive fraud without any validation there is an actual debt on my behalf. Informing me how youve found my account in the system and its mines with the wrong address on it isnt/doesnt validate the debt itself, thats specifically validation to the fact that its one of my accounts. Without sending proper validation of debt, sending me a billing statement with transactions experiences all over it isnt debt validation. Pursuant to 15 U.S. Code 1692g - Validation of debts ( 3 ) & ( 4 ), I have not received any of those statements. Failure to properly disclose within five days after the initial communication with a consumer in connection with the collection of any debt. The contracts in whole & part are null and void with Capital one conducting In business outside of its lawful mandate ( Ultra Vires ). If banks are not suppose to loan money ( Own Stock ) pursuant to 12 USC 83 whos credit is Capital one loaning then? Pursuant to 12 U.S Code 83 the fact that Capital one takes ownership claiming to loan me money is an violation. 12 U.S. Code 83 - Loans by bank on its own stock - a ) General prohibition No national bank shall make any loan or discount on the security of the shares of its own capital stock b ) Exclusion For purposes of this section, a national bank shall not be deemed to be making a loan or discount on the security of the shares of its own capital stock if it acquires the stock to prevent loss upon a debt previously contracted for in good faith. Loaning the credit of the people since XXXX in form of promissory notes, there is no real money in circulation. As you can see Banks is leasing the credit of the people of United States back to them with unlawful fees, interest & charges. The greed to triple dip or more on someones credit & not repay them or compensate them is truly fraudulent. True Full Accounting of where the funds are being pulled from has not been provided as I requested & demanded. Im sure wont ever be provided as Ive ask for the full accounting of this Consumer Credit Transaction back in XXXX of XXXX. True Full Accounting would show exactly where the credit or money stems from. It is my Credit I am being leased back plus interest, late fees which shouldnt exist pursuant to 15 U.S. Code 1666b - Timing of payments. Full faith & Credit of the United States is backed by the people. Minimum payments and all other charges are violations in the process of the Consumer Credit Transaction/ Consumer Goods Transactions , false representations of dollar amounts owed or due pursuant to 15 U.S. Code 1692e - False or misleading representations ( 2 ) The false representation of- ( A ) the character, amount, or legal status of any debt. Pursuant to 15 U.S. Code 1605 - Determination of finance charge, Finance charge shall be the only charge in this Consumer Credit Transaction as its suppose to cover the sum of all charges not leaving a bill behind. UCC 1026.4 Finance charge ( a ) Definition - The finance charge is the cost of consumer credit as a dollar amount. It includes any charge payable directly or indirectly by the consumer and imposed directly or indirectly by the creditor as an incident to or a condition of the extension of credit. Finance charge is the sum of all charges including fees, interest any/all other charges therefor in a lawful Consumer Credit Transaction 1 charge should have been it. False/inaccurate information from is given to me every interaction with Capital one, deceptive forms pursuant to 15 U.S. Code 1692j - Furnishing certain deceptive forms. Capital one Displaying unfair practices pursuant to 15 U.S. Code 1692f - Unfair practices -A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Continuously oppressing, harassing & Neglecting I and my demands affecting my credit worthiness, general reputation & mode of living. Pursuant to 15 U.S. Code 1692d - Harassment or abuse ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. Constantly telling me I am obligated under Capital one terms and my Accounts are late/due for payments. Informing me they can report false information to the CRAs because they claim the information being report is correct and valid yet has not used the proper procedures to lawfully determine the facts.

Capital one is on a Cease & Desist notice pursuant to 15 U.S. Code 1692c these are the only acceptions Capital one may reach out to me now 15 U.S Code 1692c - Communication in connection with debt collection ( C ) Cease communication, expect 1. to advise the consumer that the debt collector 's further efforts are being terminated ; 2. to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or 3. where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. There should be no other reason Capital one contacts I furthermore for any bills or payment on any of my Accounts. Capital one doing adverse action on my credit card due to disputes. Unlawful to close a Consumers account due to them expressing their Consumer Laws. Capital one has completely failed to give me proper communications. Failure to give any validation of debt pursuant to 15 U.S. Code 1692g - Validation of debts ( a ) NOTICE OF DEBT ; CONTENTS The Original Creditor is not Capital One, I AM the Original Creditor whose credit I am using, Deceived by identify theft, misrepresentation. Capital one doesnt have credit nor money but using the credit & funds of the people to fulfill its business life. If people were to stop applying for these credit applications using there SSN which is a credit card with funds & stop funding these businesses then how would they be able to provide any service if not needed. Capital one whole business model is set up as fraud. Coerced debt is forced debt. Capital one has failed to give me Full Disclosure of my right to dispute the validity of the debt so I may be informed how to go about clarifying the validation of the debt or anything else related to Consumer Credit Transaction Im suppose to know in initial communication with Capital one was not received. Taking advantage of 15 USC1692g Validation of debts not giving full disclosure, I was obviously not aware of being able to dispute the validity of debt from the beginning, the 1st initial communication between I & Capital one. Paying for things thats already paid for because Ive never dispute validity of debt & continuously making monthly payments in good faith further proving the debt was in valid. Giving Capital one room to assume the debt was valid but once I start disputing & exercising my Consumer rights nothing changes with Capital one as they insist on neglecting my Consumer rights. Capital one is in violations of criminal & civil liability pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance, Civil liability pursuant to 15 U.S Code 1692k, 15 U.S. Code 1611 - Criminal liability for willful and knowing violation & 15 U.S. Code 1640 - Civil liability. Capital one has been informed of all of there ill will with documents sent marked with all the violations proof that pinpoints exactly how it is a violation & where it has been. Limited to the violations I found, not all that exist. There violations has been blind eyed. Capital one couldnt rebuttal or properly respond to any of my Documents in a timely manner or in general. Unrebutted Affidavits stands as truth & its past Capitals one deadline to lawfully pinpoint any issues on the Affidavits they may believe is not true or incorrect. Capital one should be ashamed for how unprofessional, unethical & lack of morals they posses as there nature. Form of payment with amounts for violation was given, clearly to satisfy the damages they cost upon I, the Consumer civil & criminal liabilities. I have tried all I can in good faith to settle & satisfy my Accounts in a lawful manner while being neglected. All demands/requests made to Capital one as the beneficiary, Consumer has been denied. Capital one has shown there incapability of not being able to make any proper or lawful consideration in conducting healthy business. Working closely together with CRAs they collaborated with damaging my credit worthiness, general reputation & mode of living. Pursuant to 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system, ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers, ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. About 6 months in dispute with Capital one they have failed to properly update my accounts communicating it with CRAs so all is aware. Failed to communicate with I in an lawful manner about notices like my account being closed the first couple months in dispute with them. Failed to respect any of my rights as the Consumer, neglected all forms of Documents received not willfully complying to any demands/requests. Its clear NFCU is in violation of many of my rights in this Consumer Credit Transaction as an consumer. 15 U.S. Code 6803 - Disclosure of institution privacy policy a financial institution shall provide a clear and conspicuous disclosure to such consumer. Note : Just because no more violations arent listed doesnt mean there isnt any more done in These consumer credit transactions, as stated in 15 USC 1692 There is ABUNDANT EVIDENCE of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Capital one completely failed to give me any procedures on how theyve come up any of the claims or conclusions they have like validation of debt or them having the right to report how they are currently reporting false information that can not or hasnt been proving etc. The time gap for Capital one to have sent any documentation elaborating the procedures for any claims or chances to rebuttal Affidavits or any other Documentation is closed. The duration of those procedures does not take months to attend to especially with it being a requirement by law that they reply within a given duration they have failed to constantly do. Furthermore to interfere With our proper timing of communications on all forms Capital one has been sending Mail to an address thats previous on my account but I am not attending to or an residence at no longer. Nor is it a Primary address or an Address in usage.

FINAL NOTICE TO ALL.

Affiliations & Partnerships of CAPITAL ONE Conduct Lawful business with the Greatest Intentions of being in Service of the People to help YOU pay your Karmic Debt youve been harnessing, collecting since the Birth & Establishments of your entities. Capital one claims to not take fault for any damages done - UCC filing completed - Secured Party Creditor - I AM EXEMPT from all you try to enforce & coerce upon I.

- The Secured Party/ Creditor is also able to discharge debts, because he is exempted from debts in the first place. This is done using the '' Acceptance for Value '' principle.

- I have accepted for value & returned to sender settled & satisfied in good faith - A secured party is also legally backed to only transact using gold and silver. But since this has been expunged due to the government 's bankruptcy sham, the secured party is therefore not mandated to pay such debts or taxes in gold or silver, because they are not available.

- Since congress borrows " money substitutes '' ( FRNS ) on the basis of my credit since I am one of the people of the United States, Congress gives me an unlimited credit exemption that I can use to discharge the debts that I can not pay with FRNs because FRNs are not " real money of account of the United States '' that " pays '' debts. Congress permits me to use my personal credit exemption to pay charges that FRNSs can only " discharge. '' - Entity, Corporations doesnt have wet ink signature ( Fictitious Being ) Paid attention or belief makes it real - Belief in any system makes It Alive - Also, the state is a " debtor '' and therefore can not compel a Secured party who is a " creditor '' to pay anything. They borrowed from people of America in the first place, and therefore are indebted to the American People ( People of the Land ) - We the people provide the credit for every instrument that we endorse the very instant we endorsed it.

- Our signature represents the intangible personal credit that we provide. We only have to pay for what we get with money substitutes ( FRNs ) because our suppliers usurp our personal credit exemption for their own use when we fail to object and do not demand our personal credit exemption for ourselves. They can't do this when we object.

- All taxes are interest payments that accrue from the principle of the lenders of personal credit ( meaning us ) to the lending institutions of the corporate UNITED STATES, and these interest payments must be returned to the lenders of personal credit ( to us ), when so claimed, for the close of escrow lest we be found guilty " for failing to make the return ''.

- All Billing statements Violation Pursuant to 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions - the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; - Consumers Report is an Billing Statement - A billing statement is a monthly report that credit card companies ' issue to credit card holders showing their recent transactions, monthly minimum payment due, and other vital information. Billing statements are issued monthly at the end of each billing cycle. Violations All over Billing statements with symbols, being deceptive form etc pursuant to 15 U.S. Code 1692j -Furnishing certain deceptive forms, 15 U.S. Code 1692f Unfair practices Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram & 15 U.S. Code 16926 -Acquisition of ocation information ( 5 ) ( B ) - 15 U.S. Code 1692b- Acquisition of ocation information - 33 U.S. Code 931 - Penalty for misrepresentation - 15 U.S. Code 1692f - Unfair practices - 15 U.S. Code 1681 m- Requirements on users of consumer reports- 18 U.S. Code 242 - Deprivation of rights under color of law - 18 U.S. Code 8 - Obligation or other security of the United States - 18 U.S. Code 241 - Conspiracy against rights - 15 U.S. Code 1692e - False or misleading representations - 15 U.S. Code 1681i - Procedure in case of disputed accuracy - 15 U.S. Code 1681n - Civil liability for willful noncompliance - 15 U.S. Code 1681o - Civil liability for negligent noncompliance - 15 U.S. Code 1611 - Criminal liability for willful and knowing violation - 31 U.S. Code 3729 - False claims - 18 U.S. Code 1014 - Loan and credit applications generally ; renewals and discounts ; crop insurance - 15 U.S. Code 1693n - Criminal liability - 15 U.S. Code 1692c -Communication in connection with debt collection - 15 U.S. Code 1692k - Civil liability - 15 U.S. Code 1692d - Harassment or abuse - 15 U.S. Code 1692g - Validation of debts - No Valid verification of debt just word of mouth accusing of alleged debt.

- Coupon : " A coupon or coupon payment is the annual interest rate paid on a bond, expressed as a percentage of the face value and paid from the issue date until maturity. Coupons are usually referred to in terms of the coupon rate ( the sum of coupons paid in a year divided by the face value of a bond in question ). A certificate attached to a loan instrument that can be separated from the instrument and presented after a specified time for the collection of interest. '' - Coupon Bonds : " bonds to which are attached coupons for the several successive installments of interest to maturity.

- As the Beneficiary, Administrator, Lender, Original Creditor, Consumer, Organic Living Being I DO NOT OWE anything to any corporation, entity or man - Beneficiaries dont pay debt, Trustees do which is CAPITAL ONE - CAPITAL ONE is the debtor, trustee - CAPITAL ONE Is not the creditor, Lender - I Am the Original Creditor, Beneficiary, Consumer- Not accepting negotiable instrument making account more late - Have not returned any payment coupons but claim payment was not accepted, yet payment delivered & not returned - Fictitious Debt this is, Made Up Debt, EX. Would be print more money to seem wealthy which the U.S does naturally due to being Fraudulent by Nature.

- The U.S is in Debt, I AM Not in Debt to any entity or persons - Banks are in debt, I AM not in Debt - The U.S & Banks borrowing the credit from the people with no intentions on returning it - Credit of the U.S is backed by the People of America - Debt belongs to the trustees - The U.S is suppose to be my Trustee, responsibility being reassuring my Accounts are in my benefit of Great Standings. Beneficial to I the Beneficiary.

- All Corporations who has Access to any of my Accounts are my Trustee working for I, The Beneficiary.

- Trustee is suppose to be in service of the beneficiary - Debt belongs to the U.S as it is their duty to fulfill their obligations pursuant to 18 U.S. Code 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, - Coerced debt is an form of identity theft - Identity Theft assuming the Role of a Original Creditor, I AM.

- CAPITAL ONE has a Wrong Number thats not mines under Personal Information - CAPITAL ONE has claimed their selfs as the Creditor whos giving me this line of credit from them to I, the Original Creditor.

- True Full Accounting would show whos the Creditor - A U.S. law passed in 2002 to protect investors from corporate accounting fraud by improving financial reporting and auditing standards- Sarbanes-Oxley ( SOX ) -coerced debt is unlawfully fraudulent -Coerced debt is void, All you alleged me for is extinguished -Compensation shall be made for the identity theft coercing debt -1 month after in Dispute my Account was already closed? Exercising my consumer rights -identity theft claiming many vital roles of assembling & evaluating -Adverse Action on Account being closed- Unlawfully wrong & Privacy concerns of Capital One sending my mail to wrong address. Employee making excuses for capital one to send to wrong address - Capital one sending mail to an address I no longer reside at is unlawfully incorrect - Capital one informed me the debt was sold - Capital one Claims debt is valid yet hasnt sent proper documentation showing how is the debt valid - Willfully Neglecting all documents sent even certified Affidavit - No lawful consideration - Ultra vires - Willful non-compliance - Cant rebuttal but yet still trying to bind me to there terms/obligations is unlawful- Is NOT reporting accurate information but claims they are- Just because Capital is able to verify that is my account with SSN, email, phone number & date of birth does not not validate debt - I have never claimed this wasnt my account so capital one responses arent even properly handling what my complaint was about - Improperly responding to Complaints and Dissatisfaction of the Consumer - Capital one has Confirmed to me they had/have verified my SSN & date of birth they have on record, meaning its in there systems & my Account has already been paid off with my SSN credit card, a trust account attached that that pre pays bills debts. When I open the account a SSN is required. SSN prepaid the credit card.

- My SSN being on file means Credit Card was PrePaid for the amount I open the Account for my Line of Credit that was lease to me with all types of fees violating my Consumer Law Rights & other statuses. 
- coercing for payment on a PAID IN FULL ACCOUNT ( DOUBLE DIPPING, TRIPLE DIPPING FOR PAYMENT THATS FICTITIOUS MAKES THE BANKS THERE PROFIT ) - Claim the first documents I delivered wasnt legible, telling me to send a separate sign letter - XXXX XXXX more Affidavits with violations on documents from capital one pinpointing violations ; Capital one has failed to rebuttal or lawfully reply - Since congress borrows " money substitutes '' ( FRNS ) on the basis of my credit since I am one of the people of the United States, Congress gives me an unlimited credit exemption that I can use to discharge the debts that I can not pay with FRNs because FRNs are not " real money of account of the United States '' that " pays '' debts. Congress permits me to use my personal credit exemption to pay charges that FRNSs can only " discharge. '' - My mutual offset credit exemption exchange was mentioned in documentation sent to CAPITAL ONE they claimed wasnt legible yet the same form was sent to XXXX & they didnt claim it wasnt legible. 
- Trickery, deceptive way of collecting additional pay, requesting pay in that manner Please send us this portion of your statement and only one check ( or one money order ) payable to Capital One to ensure your payment is processed promptly. Allow at least seven business days for delivery. Payment coupon clearly acceptable for negotiable instrument - CFPB Closing all my cases yet they arent solved how I Demanded, therefore shouldnt be closed as resolved, I have no received my Remedies due to I, the Consumer for Criminal & Civil Liabilities & Damages. 

- Caused damages Committing Civil & Criminal Liabilities

Company response to consumer: Closed with explanation