Consumer complaint received 2022-07-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
On XX/XX/2022, I sent a Validation of Debt to the C.F.O. for CAPITAL ONE BANK, via certified mail with a return slip [ Exhibit D ]. The C.F.O. for CAPITAL ONE BANK, received the letter on XX/XX/2022 per the date written on the return slip [ Exhibit D ]. The C.F.O. for CAPITAL ONE BANK, failed to respond lawfully to the Validation of Debt Letter via a commercial affidavit under penalty and perjury by certified mail within ten ( 10 ) days from the date of receipt of receiving the letter [ Exhibit A ]. The C.F.O. for CAPITAL ONE BANK, failed to provide the me with the specific demands in the Validation of Debt Letter. CAPITAL ONE BANK sent a response that was not in the form of a commercial affidavit and did not include any of the aforementioned demands [ Exhibit D ]. Moreover, pursuant to 15 USC 1602 ( g ), creditor refers only to a person, meaning not the organization but only a NATURAL PERSON, meaning I, the affiant and consumer, who regularly extends consumer credit, in connection with loans, sales, property and services payable by agreement. XXXX XXXXXXXX XXXX is not a natural person therefore, is not the Original Creditor and did not extend me credit in this consumer credit transaction as referenced in the document as labeled Exhibit A. Furthermore, pursuant to 18 USC 8, it explicitly states the obligations of the United States includes all bonds, certificates of indebtedness, national bank currency XXXX 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, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. It is the US Fiduciary Obligation to pay the debt. With that being said, I owe CAPITAL ONE BANK nothing, making all statements, emails and letters from CAPITAL ONE BANK stating I owe a debt are invaild, MAIL FRAUD, billing errors, harassment, fraudulent, and false and deceptive forms. They are all fraud in the inducement. With that being said, ANY credit agreement is null and void as it is not a LAWFUL contract/agreement as it does not state the accurate creditor to whom the debt is owed or the identity of the original creditor which is false and misleading representation/identity theft, violating 15 USC 1692e ( 2 ) ( A ), 15 USC 1692e ( 2 ) ( B ), 15 USC 1692e ( 10 ), 15 USC 1692f, 15 USC 1692j and also 15 USC 1602 ( k ) of the Truth in Lending Act ( TILA ) and Fair Debt Collection Practices Act ( FDCPA ). All credit reporting is also incorrect and a violation of 15 USC 1692e ( 8 ) of the FDCPA. Moreover, on XX/XX/2022, I sent a sworn and notarized Affidavit of Truth and Bill of Particulars in the amount of {$29000.00} [ Exhibit E ] to the C.F.O. and General Counsel for CAPITAL ONE BANK via certified mail with a return slip. Both C.F.O. and General Counsel for Capital One Bank received the letter on XX/XX/2022 per the date written on the return slips and USPS tracking [ Exhibit E ]. The C.F.O. and General Counsel for CAPITAL ONE BANK failed to lawfully rebut the Affidavit of Truth via another affidavit rebutting all violations stated. Pursuant to the laws of Commerce, an unrebutted affidavit stands as truth. Therefore, the C.F.O. and General Counsel for CAPITAL ONE BANK consent to all judgements made and are liable to compensate me for all violations stated via the amount stated in the Bill of Particulars of {$29000.00}. On XX/XX/2022, CAPITAL ONE BANK closed the account in question ending in XXXX without written instruction from myself, the Original Creditor [ Exhibit G ], violating my federally protected consumer rights under 15 USC Chapter 41. This further violates the demands given in the Affidavit of Truth that was received by the C.F.O. and General Counsel for CAPITAL ONE BANK, on XX/XX/2022 [ Exhibit E ]. The account in question was demanded to remain open and show the accurate balance of zero dollars ( {$0.00} ) indefinitely on their website, company records, or any and all derivatives therefore, of, and/or any affiliates within ten ( 10 ) days from receipt of receiving the Affidavit of Truth [ refer to Exhibit E ]. I am well aware that credit is the right granted by a creditor to defer payment of debt or to incur debt and defer its payments- pursuant to 15 USC 1602 ( f ). In conjunction, I am also well aware pursuant to 15 USC 1602 ( g ), creditor refers only to a person, meaning not the organization but only a NATURAL PERSON, meaning I, the affiant and consumer, who regularly extends consumer credit, in connection with loans, sales, property and services payable by agreement. Pursuant to 12 USC 1431, the powers and duties of banks are to borrow and give security therefore and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. No where in the law does it state that banks have the power to loan money out or extend credit. I am aware that I am the Original Creditor pursuant to 15 USC 1602 ( g ), and I extended credit via my social security card. Therefore, CAPITAL ONE BANK is not the Original Creditor and did not extend me credit and therefore CAN NOT close the account without my written instruction/consent. On XX/XX/2022, I sent a Notice of Fault and Opportunity to Cure Letter, all aforementioned letters, and Bill of Particulars in the amount of {$29000.00} [ Exhibit F ] to C.F.O. and General Counsel for CAPITAL ONE BANK via certified mail with a return slip [ Exhibit F ]. The C.F.O. and General Counsel for CAPITAL ONE BANK received the letter and its contents on XX/XX/2022 per the date noted via USPS tracking and written on the return slip [ Exhibit F ]. The C.F.O. and General Counsel for CAPITAL ONE BANK failed to cure their faults within ten ( 10 ) days via a commercial affidavit to validate the alleged debt and another affidavit to lawfully rebut all violations stated in the Affidavit of Truth. The failure to cure and honor their faults places the both C.F.O. and General Counsel for CAPITAL ONE BANK in DEFAULT. The C.F.O. and General Counsel for CAPITAL ONE BANKs failure to cure their faults additionally means the the C.F.O. and General Counsel for CAPITAL ONE BANK willfully and knowingly violated my federally protected rights under 15 USC Chapter 41 and consents to all judgements made in the Affidavit of Truth. The C.F.O. and General Counsel for CAPITAL ONE BANK are liable to compensate me for the violations committed stated in the Affidavit of Truth through the Bill of Particulars in the amount of {$29000.00}. While waiting for compliance to all aforementioned documents sent, I received Exhibits G and H. Receiving these letters has caused me much emotional, mental, and financial distress, as they are not lawful responses to the validation of debt letter, Affidavit of Truth and Notice of Fault. On XXXX XXXX XXXX  I sent a Notice of Default and Consent to Judgment, as well as all aforementioned letters and an updated Bill of Particulars in the amount of {$32000.00} for all additional violations since to the C.F.O. and General Counsel for CAPITAL ONE BANK. The C.F.O. and General Counsel for CAPITAL ONE BANK received the letter and its contents on XX/XX/2022 per the date noted via USPS tracking. I provided CAPITAL ONE BANK the opportunity to cure by DEFAULT. They failed to comply. With all of this being said, it is very clear that C.F.O. and General Counsel for CAPITAL ONE BANK have had ample time and opportunity to lawfully validate the alleged debt in question and lawfully rebut the sworn Affidavit of Truth through all documents sent. I have stayed in honor and have given plenty of opportunities to lawfully rebut only to continue to have my federally protected consumer rights violated.

Company response to consumer: Closed with explanation