Consumer complaint received 2015-09-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card
Issue: Delinquent account

Complaint:
I had a business relationship with the owner of XXXX XXXX, XXXXOn or about XX/XX/XXXX, Capital One Bank ( USA ) N.A . made a solicitation to XXXX XXXX, XXXX. Upon verification and approval, on the front of the credit card, the words " Capital One Business Platinum '' are printed as well as " XXXX XXXX, L '' ( LC ). On the reverse side, the words " Capital One Small Business Solutions Center '' also appear. ( Exhibit XXXX ). 
2. Capital One 's Customer Agreement specifically states that this is a business account. Under the heading Business Purpose Account : " Your Account is a business Account that must be used only for business purposes. '' Capital One states under the Account Information clause that : " We maintain the right to restrict or close your Account if your information can not be verified or you do not provide additional information as requested. '' Capital One accepted the application for a business credit account under these terms. In filling out the application, it required my name, address and social security number. I did not provide the EIN number nor did Capital One contact me to verify the information or request that I provide the EIN number. 
( Exhibit A ) 3. It is alleged that Capital One has misrepresented itself and committed credit card fraud by leading me to believe that by applying and receiving this business account, I had corporate status protection as a limited liability corporation. At certain times, Capital One issued and billed the account to XXXX XXXX, XXXX. ( Exhibits XXXX, XXXX ) 7. I filed legal action against officers of XXXX XXXX, XXXX in Federal Bankruptcy Court ( Exhibit XXXX ) and received judgment against officers of XXXX XXXX, XXXX ( Exhibit XXXX ). I continued making good faith payments after having been promised by XXXX XXXX, XXXX that they would reimburse me for business related expanse as well as all amounts owed. When it became clear that the owners of XXXX XXXX, XXXX were not going to reimburse me for business related expenses, I was no longer able to make good faith payments to Capital One and defaulted. 
8. Capital One has pursued this issue relentlessly. Capital One claims that I am personally responsible for the corporate account issued to XXXX XXXX, XXXX. 
9. Capital One filed a lawsuit on XX/XX/XXXX and continue putting pressure either settle or go to trial. I can not afford an attorney and continue to maintain that I have corporate status protection under a limited liability corporation. According to CAL. CORP. CODE 17101 : ... no member of a limited liability company shall be personally liable under any judgment of a court, or in any other manner, for any debt, obligation, or liability of the limited liability company, whether that liability or obligation arises in contract, tort, or otherwise, solely by reason of being a member of the limited liability company. 

10. Capital One has relentlessly pursued the collections, ignoring the fact that they issued a business card to an limited liability corporation, yet the individual is responsible for the debt.

Company response to consumer: Closed with explanation