Consumer complaint received 2022-05-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
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:
In connection with CFPB Complaint Case : XXXX and XXXX My name is XXXX XXXX, a federally protected consumer, and I'm submitting this complaint against XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX for taking adverse action against me , with forethought and malice, by closing my XXXX XXXX account, ending in XXXX, without my permission which is unauthorized use. I am a shareholder of this account and have a security interest in it as well, so this account should not have been closed without my consent of which I never gave. I am aware that a credit card in accordance with 15 USC 1602 ( l ) of the Truth in Lending Act means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit ; making my social security card a credit card. I also am aware that a finance charge was included in this open-end consumer credit plan that was initiated when my social security card, which is a credit card, was run by your company. I understand that in accordance with 15 USC 1605 ( a ) a finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges. Any charge that includes a finance charge should not include cash and anything that I have received under my social security card is XXXX XXXX XXXX XXXX 's obligation, not mine. XXXX out the remaining balance of this account. In reference to the account ending in XXXX, I never disputed the ownership of this account. This account is listed as a charge off on my consumer report and this is false and misleading. I am aware that the definition of a charge off, pursuant to 7 CFR 1956.54, is " the writing off of a debt and termination of collection activity without release of personal liability. '' I'm also aware that once a debt is cancelled, it becomes gross income. Pursuant to 26 USC 61 ( a ) ( 11 ), gross income includes income from discharge of indebtness. Was a 1099-C filed on this account? If so, I have never received one. I'm aware that a 1099-C must be mailed to consumers by XX/XX/XXXX of the following calendar year in which the identifiable event occurs. If XXXX XXXX XXXX XXXX mailed me a 1099-C, please provide documentary evidence, such as a tracking number, that proves that I in fact received and was aware of a 1099-C. Knowingly furnishing this false and misleading charge off to my consumer report is a violation of 15 U.S. Code 1681s-2.

If XXXX XXXX XXXX XXXX has filled out a 1099-c form and is continuing any kind of collection activity as defined under 31 U.S. Code 3711 ( e ) by performing any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to the credit reporting agencies, garnishing wages, pursuing litigation or foreclosure, you are committing tax fraud and should be reported to the IRS for a fraudulent financial gain.

I am aware and I am invoking my right as the consumer to demand the money audit trail in accordance with 12 U.S. Code 5562 ( c ) ( 10 ). I would need this product of document material as documentary evidence in order to properly address this subject matter and without this documentary evidence there can be no validation of such debt.

Furthermore, in order to validate the debt, please provide verification through audit certification of debt entry in accordance with XXXX, IRS, in accordance with XXXX XXXX, and XXXX conversions. 

If any of the above can not be provided, this account must be removed from my consumer report immediately to prevent further harm to me and my financial rep

Company response to consumer: Closed with explanation