Consumer complaint received 2022-11-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Struggling to pay your loan
Sub-issue: Lender trying to repossess or disable the vehicle

Complaint:
I allege I tendered an offer. And that offer was refused. I hadn't repossession, Because I believe I tendered an offer to them that has been refused. And if they say well, we can handle everything right here, whatever you say like you can pull up my account but I believe I'm going to need to speak to a supervisor because this is an Emergency Banking procedure. And that if the offer is refused and dishonor, which you believe it was, there's grounds to set that off. And that's under audit that's under UCC 3- 603B in each state, they have the same law. I allege that I gave you guys a Social Security Number account, and my signatures and an extension to credit on security paper, and I provided you this information, and your office received it XXXXXXXX XXXX.And they failed to respond to me within XXXX XXXX. Therefore in banking, they accepted my presentment. Now I feel I've been discriminated against, falsely advertised. Due to the process, they had told me this automobile transaction was charged off, then, allegedly, now it's not charged off. And the automobile was repossessed, without my disclosure or knowledge there too, after I had already provided you a tender of payment. And now I alleged that tender payment was dishonored. So I'm demanding that you accept my revocation of all prior negotiations, by election on any instrument that I had provided to your organization or your organization acquired with my information on it, and I demand all proceeds. And per the state law of federal law under Universe, Uniform Commercial Code, UCC 3-306. I'm making my claim to the original instrument that I'm a holder in due course, to the value that has arisen from that transaction. My only mistake was a blank endorsement on the original transaction. I'm now correcting the errors and omissions by demanding the revocation of all elections, to all negotiations to or with your organization, due to the failure to disclose the fitness performance and attributes of accounting, this has caused me damage and I demand trouble the amount of tender of payment trouble the amount that I tendered payment. As my as my XXXX XXXX XXXX from my non failure to state a claim upon which relief shall be granted is trebled the amount of the entire cost from the initial transaction. I allege that this organization Capital One or anyone involved may have made one to XXXX XXXX  the amount of credit that was initially established for my signature and XXXX XXXX XXXX, I have already changed the terms and conditions and your organization accepted them. And so now I allege this is a breach of fiduciary duty. In my settlement offer is I will accept my XXXX XXXXXXXX returned to me. And I will accept travel the amount on the on the original instrument. Otherwise, my settlement offer is I get the automobile back. And I get all proceeds that were created from the initial date that I signed. And I alleged I'm do this interest. And I'm do the yield on these investments, because I never got full disclosure. And now that I've discovered this, I'm no longer in the minority state of mind. I'm in the majority state of mind sound mind and I demand these presentments that I've provided to you the issue to me and no less than XXXX XXXX meaning I am do this automobile in return and all proceeds from this account established otherwise, I allege undo the automobile and treble the amount that was established on the original instrument. If I do not get any official response back showing calls from your financial chief officer or Secretary that I have caused deficiency to your org causation than I never cause deficiency. And I allege there's been a, there's been a form of billing error. And that, again, I'm do the repayment of all prior payments to your organization. 
And that would be covered under 15 USC 1666, A through D. And I already initiated this information, and your organization accepted it XX/XX/2022 via certified mail with tracking. XXXX. TENDER OF PAYMENT ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. XXXX. SPECIAL INDORSEMENT ; BLANK INDORSEMENT ; ANOMALOUS INDORSEMENT. And I allege this is a breach of fiduciary duty, I yield to the paper, and I expect a response from your organization, no later than XXXX XXXX Otherwise, I may be able to file in any district court and ask for a summary judgment, based on the fact that you have failed, and dishonored my tender offer for payment. Included Police report number XXXX.

Company response to consumer: Closed with explanation