Consumer complaint received 2022-07-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Problem while selling or giving up the vehicle

Complaint:
FRAUD HAS NO STATUTE OF LIMITATIONS Who is the original creditor? 

On XX/XX/XXXX OBLIGOR XXXX XXXX procured a vehicle through the extension of consumer credit. - funny thing is the top of the contract states that it is a retail installment contract instead of consumer credit transaction This day there was also a down payment of {$3000.00} put down on the automobile. Which is a violations of 15 USC 1605. 

The monthly annuity for the vehicle that was procured was XXXX every XXXX week there was a payment made to capital one bank 15 U.S. Code 1605 - Determination of finance charge ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. 
- I provided the insurance for this automobile the premium was not included in the finance charge. 

e ) Items exempted from computation of finance charge in extensions of credit secured by an interest in real property The following items, when charged in connection with any extension of credit secured by an interest in real property, shall not be included in the computation of the finance charge with respect to that transaction : ( 1 ) Fees or premiums for title examination, title insurance, or similar purposes. 
( 2 ) Fees for preparation of loan-related documents. 
( 3 ) Escrows for future payments of taxes and insurance. 
( 4 ) Fees for notarizing deeds and other documents. 
( 5 ) Appraisal fees, including fees related to any pest infestation or flood hazard inspections conducted prior to closing. 
( 6 ) Credit reports As per 15 USC 1666d Every payment made that was over {$1.00} should have been credited back to the natural person, consumer. 
Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 


15 USC 1692h - multiple debts states the following If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions. 

- since I am directly disputing this debt I demand to have every XXXX paid on this account returned back to me. 


15 USC 1692g - debt validation Consumer can not incur debt for personal family or household purposes.

15 USC 1602 ( i ) ( i ) The adjective " consumer '', used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. 

There is also the right of rescission that was never mentioned to me at any point during the transaction 15 USC 1635 ( a ) ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. 


Is herein stated in 15 USC 1635 ( b ) that within 20 days of receipt of this notification my down payment of any earnest money that was put towards the property shall be returned to me in the form of a check. 
( b ) Return of money or property following rescission When an obligor exercises his right to rescind under subsection ( a ), he is not liable for any finance or other charge, and any security interest given by the obligor, including any such interest arising by operation of law, becomes void upon such a rescission. Within 20 days after receipt of a notice of rescission, the creditor shall return to the obligor any money or property given as earnest money, downpayment, or otherwise, and shall take any action necessary or appropriate to reflect the termination of any security interest created under the transaction. If the creditor has delivered any property to the obligor, the obligor may retain possession of it. Upon the performance of the creditors obligations under this section, the obligor shall tender the property to the creditor, except that if return of the property in kind would be impracticable or inequitable, the obligor shall tender its reasonable value. Tender shall be made at the location of the property or at the residence of the obligor, at the option of the obligor. If the creditor does not take possession of the property within 20 days after tender by the obligor, ownership of the property vests in the obligor without obligation on his part to pay for it. The procedures prescribed by this subsection shall apply except when otherwise ordered by a court. 

It also states in 15 USC 1692 j - deceptive forms a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 
Form by definition is a blank piece of paper. Capital one has furnished at least XXXX statements while I the natural person consumer was in possession of the property ( XXXX XXXX XXXX XXXX XXXX sport ) this is a violation of the FDCPA and brings me to the 15 USC 1692k - civil liabilities. 
a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( XXXX ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; The actual damages sustained are around the Sum of XXXX for ( 15 USC 1611 ) Criminal liability for willful and knowing violation You knowingly and willfully took turned this fully paid consumer credit transaction and turned that into a retail installment contract. Not only have you gotten paid from my social security cesti que vi trust account ( since all obligations are fully paid as per HJR 192 and 8 USC 18 - Obligation or other security of the United States defined ) and fully paid yourself using the negotiable instrument ( as per the bills of exchange Act ) on my credit application and then in turn came back to me with a monthly payment as a form of prima facie evidence of indebtness, using that retail installment contract as a security interest to the real physical automobile. 
This is our right fraud and I demand as the natural person and consumer to be remedied!

Company response to consumer: Closed with explanation