Consumer complaint received 2021-10-29
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
About 3 months ago I entered into a consumer credit transaction with XXXX ( car dealership ) for a XXXX  XXXX XXXX. My credit card ( social security ) was used, I m aware that congress defines a credit card as any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Pursuant to 15 U.S. Code 1602 ( l ). 
Now Capital One Auto is harassing me daily by calling at inconvenient times, sending me now a threatening letter saying they will repossess the vehicle if I do not pay the amount " past due '' for account # XXXX. 
I already sent them last month their payment coupon which was endorsed and Capital One XXXX did not send me notice of their decision of either honoring the endorsement or not. It is my understanding if a notice of dishonor was not sent to me, then Capital One XXXX should not be trying to " collect '' such alleged debt. 
I have also sent them a billing error notice attached to that payment coupon. 
I am also notifying them once again via this complaint of a billing error : Pursuant to 15 U.S. Code 1637 ( b ) ( 2 ) ( A ) Creditor must provide evidence upon request to verify a billing error otherwise there is a violation of 15 U.S. Code 1666b. 
There have been statements that have not matched my records and statements which have not been in accordance with the disclosure from CAPITAL ONE XXXX that I received at the consummation of the transaction. I am formally giving notice of this billing error until I receive ALL documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S. Code 1666b.

I have reason to believe and do so believe the billing statements received by CAPITAL ONE XXXX, on all past, present, and future billing are billing errors pursuant 12 CFR 1026.13. I am invoking my right to obtain the documentary evidence, in accordance with 15 U.S.C. 44 for the books of account as described in IRS Publication 583. To verify such alleged amounts, I want to see both journal and credits of account and ledger and debits of account to verify the current accounting and taxes associated with this account. 
I am aware, with resolving this billing error, the creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ).

I invoke my right as a consumer to withhold all past, present, and future disputed amounts pursuant 12 CFR 1026.13d ( 1 ).

I am aware, CAPITAL ONE XXXX  as the creditor may not collect any disputed amount, I the consumer, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by CAPITAL ONE XXXX will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for CAPITAL ONE XXXX for the actual damage caused to I, the consumer as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to required documentary evidence as requested to clarify and revolve the previously addressed billing error.

Company response to consumer: Closed with explanation