Consumer complaint received 2022-06-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
On XX/XX/XXXX, Capital One received and accepted a negotiable instrument as payment and discharge on my credit card balance in the value amount of {$990.00} USD and a IRS 1099-A form that was filed and recorded with the Internal Revenue Service . This correspondence was delivered via United States Post Office certified mail no. XXXX. See evidence attached. 

On XX/XX/XXXX, Capital One received and accepted a IRS 1099-OID form that was filed and recorded with the Internal Revenue Service and a letter that referenced the aforementioned correspondence and with a copy of all enclosed. This correspondence was delivered via United States Post Office certified mail no. XXXX and priority mail express no. XXXX. See evidence attached. Reference Capital One Case Number XXXX. 

Subsequently, on XX/XX/XXXX, Capital One 's Customer Care Team issued a letter stating that the payment that my previous mail correspondences had referenced in inquiry had not posted to my account, and instructed that if I feel an error had occurred, to please call their Customer Relations department at XXXX. See evidence attached. Reference Capital One Case Number XXXX. 

Also, on XX/XX/XXXX, Capital One 's Customer Care Team issued a follow-up letter stating that they were unable to to fulfill my request through written correspondence, and that if I contacted the number indicated in the letter ( XXXX ), an agent will be happy to assist with my request. See evidence attached. Reference Capital One Case Number XXXX. 

On XX/XX/XXXX, I called Capital One to resolve the offered negotiable instrument they had received as payment that they had already accepted pursuant to the Uniform Commercial Code and the Mailbox Rule doctrine. On that same phone conversation, the payment was noticed by the agent to be in their internal systems, and that it had not posted. The Capital One agent offered to apply credit to my credit card account as a payment adjustment in the value indicated in her system for {$990.00} USD ; I agreed and accepted Capital One 's offer. The payment adjustment was applied on XX/XX/XXXX, and was visible on my account on XX/XX/XXXX. See evidence attached. 

On XX/XX/XXXX, Capital One 's Payment Investigations Department issued a letter stating that they thanked me for contacting them regarding the payment discrepancy and that an investigation was being opened and that they needed me to provide documentation of the accepted payment in question, giving me the option to send all documentation via fax or mail. I sent copies of everything they originally received and accepted via USPO certified mail no. XXXX and via fax from Fax.Plus online fax service to Capital One 's fax number XXXX. A total of 15 pages was successfully sent and accepted via fax on XX/XX/XXXX within the 30 day period allowed by Capital One. See evidence attached. 

On XX/XX/XXXX, Capital One 's Customer Care Team issued a generic letter thanking me for contacting them about my Capital One account. An offered that I give them a call at XXXX, but did not specifically say why or that it was mandatory. Reference Capital One Case Number XXXX. See evidence attached. 

On XX/XX/XXXX, the very next day, Capital One 's Payment Investigations Department issued a letter stating that they " did not receive all the documents '' they requested within 30 days and that my request ( for payment adjustment ) can not be fulfilled and that the case was closed, and any " temporary credits that were applied related to this dispute would be removed. '' Same day, XX/XX/XXXX, the previously applied payment adjustment in the amount of {$990.00} USD was reversed and re-applied back as a debit on my credit card account and an interest charge adjustment in the amount of {$6.00} USD was also debited. See evidence attached. 

As a result, and as of XX/XX/XXXX, my Capital One credit card account is now well over the limit of {$800.00} and is drastically affecting my consumer reports with all credit reporting agencies. Capital One also sent a missed payment report to the consumer reporting agencies for the XX/XX/XXXX billing cycle. My credit is now ruined. In particular, my XXXX consumer credit score has dropped 37 points to XXXX, because of XXXXapital One 's actions. 

All correspondences sent to Capital One from me were pursuant to UCC 3-104 ; UCC 3-501 ; UCC 3-602 ; UCC 2-206 ; House Joint Resolution 192 ( HJR-192 ), Public Law 73-10, Tender in terms of the Negotiable Instruments Act ( 1881 ), Chapter 48, 48 Stat 112 ; ( Gold Reserve Act ) UCC Article 9 ; UCC 1-201 ( 24 ) ; UCC Article 3 ; 31 CFR 225.2/ Government Obligation ; 31 USC 5118 ( d ) ( 2 ) ; 31 USC 463, Public Law 97-258 ; UCC 4-302 ; 12 USC 411 ; Securities Act ( 1933 ) ; Congressional Statutes At Large , Title 62, Positive Law ; 31 USC 5312 ; UCC 2-304 ; 12 USC 1831n ( a ) ( 2 ) ( A ) /Uniform accounting principles consistent with GAAP ; 12 USC 1813 ( l ) ( 1 ) Deposit money or its equivalent ; Public Policy ; Mailbox rule law ; the Stamp Duties found in HR Bill No. 10083 ( 1898 ) ; and settlement in terms of the United Supreme High Court of Justice, Rule 45. 

Pursuant to the Uniform Commercial Code, Capital One had accepted, acknowledged, and applied payment and discharged the debt in the amount of {$990.00} USD, without properly dishonoring the instrument/presentment per UCC 3-502 . See evidence attached. 

The UCC is applicable in sales, leases, negotiable instruments, bank deposits, funds transfers, letters of credit, bulk transfers and bulk sales, warehouse receipts, bills of lading and other documents of title, investment securities, and secured transactions of commercial transactions. Pursuant to UCC 1-201, money is only a medium of exchange currently authorized or adopted by a domestic or foreign government and it included a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries. The UCC and the countries that agree to it and the law merchant is that agreement. Capital One is obligated to adhere to it and to not violate the United States Code, nor infringe on my constitutionally protected rights.

Company response to consumer: Closed with explanation