Consumer complaint received 2022-07-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I, XXXX, XXXX am the Heir/Beneficiary of the XXXX XXXX, Estate/Cestu Que Trust ( `` herein the Cestui Que Trust '' ) registered securities. CAPITAL ONE AUTO FINANCE ( herein the " Custodian '' ) both opened an account absent my written consent, and/or a P.O.A. to do so. No where in the initial contract does it express the Custodian intent to convey/communicate the entity 's private financial identifying/account information to third parties such as XXXX, XXXX, and/or XXXX absent my written consent to do so in violation of the Privacy Act of 1974, and the Northwest Ordinance of 1787 Section 14 / Article I, and in violation of the included Financial Privacy Rule therein Gramm-Leach-Bliley Act of 1999 which requires financial institutions such as the Custodian to provide consumers with a privacy notice when the Consumer relationship is established and annually thereafter. The privacy notice must explain what information the institution collects about the consumer, where that information is shared, how it is used, and how that information is protected. The Custodian have never provided the mandated privacy notice. The notice must also identify the consumers right to opt out of the information being shared with unaffiliated parties and notify him or her if the privacy policy changes. The account information being communicated is part of a federal record in direct relation to my Treasury securities which are being maintained on a commercial book-entry credit system by financial institutions/brokers. Due to non-disclosure of material information in the Cestui Que Trust foundational negotiable instrument, and due to the fact that I am the beneficiary of the accounts/assets being maintained by the Custodian, and due to the fact that all the Credit Bureaus are using private property for public use for unjust enrichment and without providing the Cestui Que Trust just compensation in violation of the 5th Amendment of the U.S. Constitution, The XXXX XXXX account # XXXX and any/all collateral securities, as assets, heretofore owned and hereinafter acquired are hereby ORDERED to be retitled as follows : The Director of the Internal Revenue Service, Trustee of the XXXX XXXX, Cestui Que Trust for XXXX XXXX Estate, as Beneficiary. I, XXXX, XXXX hereby give notice of this Revocation of Power of Attorney. It is hereby particularly stated that the assumed, presumed, and/or implied Power of Attorney executed by the Estate and/or Cestui Que Trust, as Primary by which the undersigned Authorized Agent comprises CAPITAL ONE AUTO FINANCE, XXXX, XXXX, and XXXX XXXX as acting attorney-in-fact for the purposes set forth in the alleged power-of-attorney is hereby wholly repealed, cancelled, and void, and as I have informed XXXX report number XXXX, We opt out of any of the named Custodian and Credit Bureaus reporting, conveying, using, selling, and sharing any account information from CAPITAL ONE AUTO FINANCE absent direct written consent from XXXX, XXXX, as Heir/Beneficiary. 

Signed By : XXXX, XXXX, as Heir/Beneficiary

Company response to consumer: Closed with explanation