Consumer complaint received 2022-12-16
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
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:
After reviewing my two Billing Statements Accounts that I currently have open with Capital One together with extensively reading both the Code of Federal Regulations ( CFR ) and the Security Exchange Act of 1934, both of which this company claims to uphold according to their XXXX and XXXX holdings. It is clear to me that not only is Language Fraud being committed on me as a consumer, but Security Fraud is too. I have sent a billing dispute request via certified mail using the US Postal Service on XX/XX/XXXX which was well in the time frame of 60 days that the US Code allows stating My billing disputes/Errors which are as follows for both accounts : XXXX XXXX XXXX Treatment of credit balances. 
1.When a credit balance in excess of {$1.00} is created in connection with a transaction ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer ), the creditor shall : ( a ) Credit the amount of the credit balance to the consumer 's account ; ( b ) Refund any part of the remaining credit balance, upon the written request of the consumer; and ( c ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than 6 months, except that no further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. 
*Capital one has not in good faith done any of the above even after my written letter requesting them to send my securities to me and not keep them. 

2. 15 USC 1666b ( a ) Time to make payments A creditor { Capital One } may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

3. CFR 1026.13 ( d ) Billing error resolution.

( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's 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.

*Capital One has broken this by threaten to send my account to a third party debt collector, and they have since shut off access to my credit cards and also reported negatively to at least one agency that I know of.

4. Per 15 USC 1666 ( e ) Effect of noncompliance with requirements by creditor Any creditor { Capital One } who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor { XXXX XXXX } the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

*Credit one has not sent any thing I have asked for of them other then billing statements.

5. Per 15 USC 1666 ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.

*This step was not granted at all As I stated above I have given Capital One more then 2 months to respond to me and handle this situation internally without me having to report this to the FTC or the CFPB and if need be go to Federal Court due to the language and security fraud being committed by this company. This time In accordance with the law instead of sending yet another letter Certified Mail due to the nature of it involving securities I sent another letter out today XXXX Registered Mail via the United States Postal Service, I will also be sending a copy of this letter to their CEO, their Trustee, the Law Department and also the FTC until this matter is handled in a timely fashion.

Company response to consumer: Closed with explanation