Consumer complaint received 2023-03-16
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Billing problem

Complaint:
It has been brought to my attention that there are Billing Errors with my Auto Loan with Capital One Auto Finance per 12 CFR Part 1026 ( Regulation Z ).

I have reached out to them to correct the matter several times and have not received any correspondence back.

There was lack of Full Disclosure, Deception, Deceit, Fraud and Racketeering.

I sent a billing error dispute resolution with cover letter, cease and desist, affidavit of truth, exhibits and certified mail receipts.

Fact, I am a federally protected consumer and holder in due course pursuant UCC 3-306. 

Fact, the account in question was opened in XXXX, XXXX, with, CAPITAL ONE FINANCIAL CORPORATION, using my personal identification and credit card information as defined in XXXX U.S.C. 1602 ( l ).

Fact, an account pursuant 12 CFR 1002.2 ( a ) means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. 

Fact, since opening the account in question in XXXX of XXXX, I have paid a monthly bill to CAPITAL ONE FINANCIAL CORPORATION, online, using my personal debit card information. 

Fact, I, the affiant, have received several statements including the subject matter of an attempt to collect an alleged debt for Account number XXXX. 

Fact, I, the affiant, have reason to believe and do so believe that all past, present, and future billing statements received by CAPITAL ONE FINANCIAL CORPORATION are billing errors under 12 CFR 1026.13 ( a ), beginning with the date the account was opened XXXX XXXX XXXX. 

Fact, I, the affiant, am aware that CAPITAL ONE FINANCIAL CORPORATION, failed to provide me with the General Disclosures which are requirements pursuant 12 CFR 1026.17 and is a violation of said section.

Pursuant to 12 CFR 1026.13 - Billing Error Resolution I, XXXX XXXX, dispute account number XXXX in the amount of {$33000.00}. I have submitted correspondence to CAPITAL ONE FINANCIAL CORPORATION to rectify this matter and it has yet to be resolved. 

Fact, I, the affiant, am asserting my right to acquire documentary evidence in accordance with 15 U.S.C. 44 for the books of account as defined in IRS Publication 583, to explain and address such subject matter contained in said billing statements. I'd like to access both the journal and credits of the account, as well as the ledger and debits of the account, in order to verify the current accounting and taxes related to this account. 

Please furnish documentary evidence in accordance with 15 U.S. Code 44 of record of accounts where CAPITAL ONE FINANCIAL CORPORATION awarded me, XXXX XXXX, with any payment pertaining to this alleged debt. 

Pursuant to 15 U.S. Code 1666b ( a ) Notice, it is a fact, affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account # XXXX. Until then, CAPITAL ONE FINANCIAL CORPORATION can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ).

Pursuant to 15 U.S. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute.

Notice, it is fact affiant is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to 15 U.S. Code 1666 ( e ).

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

Fact, I, the affiant am aware, that, CAPITAL ONE FINANCIAL CORPORATION as the creditor may not collect any disputed amount. As a federally protected consumer, who 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 FINANCIAL CORPORATION 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 FINANCIAL CORPORATION for the actual damage caused to I, the affiant. 

Fact, I, the affiant am aware, CAPITAL ONE FINANCIAL CORPORATION, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. 

Fact, I, the affiant am aware, that, in accordance with 16 C.F.R. 433.3 CAPITAL ONE FINANCIAL CORPORATION is not exempt from any claims or defenses as described in 16 C.F.R. 433.2 ( a ) as the affiant, may invoke his rights as the debtor in this consumer credit contract against CAPITAL ONE FINANCIAL CORPORATION for the unfair and deceptive practices herein as no contract after the date of XX/XX/XXXX is exempt from 16 C.F.R. 433.3.

Fact, in accordance with 15 U.S.C. 1666d, if there is a credit of account balance with surplus over {$1.00} dollar in accordance with the journal and ledger entries described in IRS Publication 583, the amount balance should be credited and the remaining balance directed to I, the consumer by check. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount.

Fact, I, the affiant, 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 ) Fact, CAPITAL ONE FINANCIAL CORPORATION shall follow the following procedures as defined pursuant 12 CFR 1026.13 ( e ) : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable ; and ( 2 ) Mail or deliver a correction notice to the consumer. I hereby demand that all future coupons be sent to my place of abode, as listed on the account in question, in the form of a check, from XXXX of XXXX, current, and future payments. 

Pursuant to 12 U.S. Code 5562 ( c ) ( 10 ) - Production of Document Material Notice, it is fact affiant is aware the consumer has the right to request the money audit trail. I am requesting this documentary material in accordance with 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter. Without this documentary evidence, there is no evidence of this alleged debt.

Pursuant to 12 U.S. Code 1831n ( 2 ) ( a ) - GAAP Audit Trail, Accounting and Insurance Notice, it is fact affiant is aware the consumer has the right to request the GAAP Audit Trail in accordance with 12 U.S. Code 1831n ( 2 ) ( a ), and without this documentary evidence to properly address this subject matter, there is no evidence of this alleged debt.

Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract that includes a waiver, condition or limitation for a debtor to assert rights for claims or defense against a seller is void.

Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute as documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as I, XXXX XXXX, the affiant any right to assert against any holder of a contract with any and all legally sufficient claims and defense which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433.3 ( b ) ( 4 ) said contract is unenforceable and void Notice in fact a contract has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence.

I the affiant has reason to believe and do so believe CAPITAL ONE FINANCIAL CORPORATION has failed to meet all requirements established in 16 C.F.R. 433.2 ( a ).

Fact, without an affidavit response with a rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and I will file fault judgment in the favor of the interest of I the consumer, holder in due course, attorney, and administrator in fact.

Fact, I, the affiant am aware, an unrebutted affidavit stands as truth in commerce.

Fact, I, the affiant, am invoking my rights pursuant to 15 U.S.Code 1692c ( c ), I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein.

Furthermore, CAPITAL ONE FINANCIAL CORPORATION used my open-ended credit plan in accordance with 16 C.F.R. 433.2 ( a ) to furnish which furthermore proves they did not extend credit to me in regard to this alleged debt.

Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt.

Notice it is fact that I the affiant am aware that the false character of the amount of this alleged debt is in violation of 15 U.S. Code 1692e ( XXXX ) ( a ). XXXX has proof of this violation as CAPITAL ONE FINANCIAL CORPORATION alleges I owe an alleged debt, yet the account shows the billing in a positive amount. How can I pay into an account which is already positive? This is in violation of TILA.

Pursuant to 18 U.S. Code 8 - Obligation or Other Security of the United States Notice in fact that affiant is aware that all obligation of debt is the responsibility of the United States.

I have included a copy of the bill as proof of a billing error. See Exhibit 1.

Should there be dishonor in the aforementioned requested documentation by way of unrebutted affidavit, failure to disclose requested documents or failure of response, and the particular requests to rectify any fault by CAPITAL ONE FINANCIAL CORPORATION herein, will serve as acquiescence and your agreement to a default judgment against your company for the dishonor in the negotiable instrument, bank fraud, creation of the false and deceptive form, mishandling of goods, compromising my relationship with other financial institutions and including stress caused to me in the attempt of exercising my rights in good faith. However, I do in good faith expect you to handle these matters with ordinary care to address all subject matter.

California Rule California, in the minority of states, applies the mailbox rule to option contracts as well. In Palo Alto v. BBTC Co., 11 Cal.3d 494 ( 1974 ), the Court held, In California the effective upon posting rule has received legislative sanction and is the declared policy of this state. As previously explained, when the notice of exercise of the option is viewed as an acceptance of an irrevocable offer, such notice is clearly covered by section 1583.

Notice to Agent Noti
ce Knowledge U.C.C. 1-202

Company response to consumer: Closed with explanation