Consumer complaint received 2022-06-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Fees or interest
Sub-issue: Charged too much interest

Complaint:
Notice of Billing Error This notice is to inform you of Capital One failing to credit properly other credit issued to the consumers account. The consumer requests for additional clarification as it pertains to an alleged amount owed by me the consumer to XXXX XXXX in the amount of {$2000.00}. I am requesting documentary evidence in the form a copy of the indorsed Consumer Credit Application which was deposited on Capital Ones books that consummated the said account and the matching bookkeeping entries on Capital Ones General Ledger of the deposit of the Consumer Credit Application. Please take notice that omitting the requested documentary evidence is a deceptive act since the documentary evidence is necessary to prevent the consumer from being misled. Capital One knows or should know that the consumer needs the documentary evidence to evaluate the product or service. 
Attached you will find an account statement from Capital One with a statement balance of {$2000.00} for the month of XXXX. The said credit balance is in an excess of {$1.00} and was created in connection with my consumer credit transaction. Whenever a credit balance is in excess of {$1.00} and is created in connection with a consumer credit transaction, Capital One must credit the amount of the credit balance to the consumers account, refund any part of the amount of the remaining credit balance, and 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. 
Going forward please credit to the available credit portion of my account any credit balance in excess of {$1.00} that was created in connection with my consumer credit transaction and refund the consumer by way of check for any part of the amount of the credit balance remaining in the account on a monthly basis in accordance with the billing cycle. Please make the appropriate notes for the said account in order to prevent any deprivation of consumers rights. Also, if necessary, in order to assist Capital One with the appropriate treatment of excess credit balances please explain to me the consumer how the item on the bottom portion of the account statement can be endorsed in a properly negotiable form in order to extend credit as payment to the said account. 
I the consumer have the right secured and protected by the Laws of the United States to withhold the disputed amount meaning I do not have to pay, and you may not try to collect any portion of the disputed amount. You can not ( directly or indirectly ) make or threaten to make an adverse report to any person about my credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges. You shall not accelerate any part of my indebtedness, restrict, or close my account solely because I the consumer has exercised in good faith rights provided, protected, and secured by the Laws of the United States and Constitution. 
You by law have 30 days after receiving this billing error notice, to mail or deliver written acknowledgment to me the consumer. You by law have to mail or deliver to the consumer an explanation that sets forth the reasons that you believe that the billing error alleged by the consumer is incorrect in whole, furnish copies of the requested documentary evidence of the consumer 's indebtedness, and if a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable. You must comply with the appropriate resolution procedures within XXXX billing cycles and no later than 90 days after receiving this billing error notice. If Capital One fails to comply with the applicable requirement they will forfeit any right to collect from the consumer the amount indicated. Non-Compliance will result in you forfeiting any right to collect from I the amount above indicated.

Company response to consumer: Closed with explanation