Consumer complaint received 2021-06-09
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Capital One has been deceptive in providing false information in regards to credit and sending statements alleging I owe a debt from me using my own credit that XXXX went to get via federal reserve notes. Credit creates debt! Debt doesnt create credit! As of XXXX XXXX continue to send deceptive forms via mail and email alleging I owe a debt that was created by way of credit for it to be applied to an open end credit plan that is due to me the original creditor 18 USC 914. MY CREDIT IS A RIGHT GRANTED ( NOT AN PRIVILEGE ) I CAN ONLY EXTEND MY CREDIT TO CAPITAL. YOU CANT GIVE CREDIT NOR EXTEND. I Have THE POWER TO ACQUIRE ANYTHING I WANT, NOT CAPITAL, I DONT NEED YOU, YOU NEED ME ( MY CREDIT ). Ive been defrauded by Capital!

According to 15 USC 1601 ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. Congress goes on to inform in 15 USC 1602 of who the original creditor is, which is I the natural person and that I have an open end credit plan in which Capital has put a limit on my plan and created a deceptive monthly statement alleging I owe when I applied for credit. 15 USC 1602 ( e ) The term person means a natural person or an organization. ( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. As you can see in ( XXXX XXXX of this title the term " person '' is a natural person or an organization, meaning I have the power to be either or and ( f ) " credit '' gives the right granted to incur debt and defer its payment. XXXX XXXX XXXX let 's us know that " creditor refers only to a person who both ( XXXX ) regularly extends, ( XXXX ) and is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or no such evidence of indebtedness, by agreement. ( The quality, state, or condition of owing money. 2. Something owed ) ( In the case of an open-end credit plan involving a credit card ) My social security number was used to obtain credit and went to get the credit from the federal reserve notes, that is how Capital became a creditor but you were never the original creditor. I am aware of and so should Capital be of the powers an duties in case you forgot listed pursuant to 12 U.S. Code 1431 - Powers and duties of banks ( a ) Borrowing money ; issuing bonds and debentures ; general powers Each Federal Home Loan Bank shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. We know from 12 USC 1431 that banks can not loan money. So, why are you sending monthly statements alleging I owe? I can not owe or loan myself my own credit that is extended to pay back. That just doesn't make sense. Therefore, Capital you created a deceptive form and starting collection which is a violation of the federal debt collection practice act. Pursuant to 15 U.S. Code 1692j - Furnishing certain 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. I am not participating in the collection of any debt. Therefore, every statement sent would be considered false and deceptive. Pursuant to 15 U.S. Code 1692b. You can't say I the consumer owes any debt or communicate with me the natural person without my permission ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; 15 U.S. Code 1692e. False or misleading representations ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. Pursuant to 15 U.S. Code 1692k - Civil liability you are responsible ( 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 ( 1 ) 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} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and The judge courts can't say I owe a debt so why in world do you think you have the ability to so lawfully? 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. 

This will show cause for my allegations of identity theft and financial fraud reasonable and may it known to the CEO of Capital nunc pro tunc, I now dispute all prior charges and statements and I demand all prior payment excluding the first payment arrangement be redirected to I the consumer until your agency can provide direct evidence by proof of claim that I consumer directly am obligated to pay an obligation security pursuant 18 USC 8 of the United States, furthermore any of a unverified financial matter is fraud and causes me damages and any direct duress, mistake of material facts or coercion causes mental anguish, so be it, I have given my statement of truth and I directly expect a response within 14 days of proof from receiving this herein dispute, so be it. 

Attached is proof of credit via Library of Congress!

Company response to consumer: Closed with explanation