Consumer complaint received 2022-11-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was paid

Complaint:
My wife had sent a payment by conditional acceptance payment. The payment was in a form of accepting the remittance lower part of the statement by accepting the credit or presentment turn it what is called bill of exchange as negotiable insturment to discharge the balance of the credit card ending in XXXX. 

The laws states that you are no longer to pay with legal tender notes or federal reserve notes. the laws states. court case Guaranty Trust Company vs. Henwood, 307 U.S. 247 ( 1939 ), a Federal US court of appeals ruled on Title 31 USC 5118. As of XX/XX/XXXX, Federal Reserve Notes legal tender for discharge of debt is no longer required. 

XXXX. The giving a ( federal reserve ) note does not constitute payment. See Echart v Commissioners C.C.A., 42 Fd2d 158. 
XXXX. The use of a ( federal reserve ) 'Note ' is only a promise to pay. See Fidelity Savings v Grimes, 131 P2d 894.

3. Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See Rains v State, 226 S.W. 189. 
XXXX. That ( federal reserve ) 'Notes do not operate as payment in the absences of an agreement that they shall constitute payment. ' See Blachshear Mfg. Co. v Harrell, 2 S.E. 2d 766. 
XXXX. Federal Reserve Notes are valueless. See IRS Codes Section 1.1001-1 ( 4657 ) C.C.H. ).

This is USC and UCC. Laws and regulations under federal reserve regulations.

FRN are only use in medium of exchange for goods and service. Under the provisions HJR 192 there is only discharge debt or off set the balance.

a commercial presentment under section 3-501 ( 1 ) Unless excused ( section 3-511 ) presentment is necessary to charge secondary parties as follows : ( a ) Presentment for acceptance is necessary to charge the drawer and endorsers of a draft where the draft so provides or is payable elsewhere than at the residence or place of business of the drawee, or its date of payment depends upon such presentment. The holder may at his option present for acceptance any other draft payable at a stated date. 
1. USC 31 3121 PAYMENT OF OBLIGATION 2. 31 USC 5103 COMMERCIAL INSTRUMENT IS LEGAL TENDER 3. 31 USC 5115 COMMERCIAL INSTRUMENT ARE LEGAL TENDER FOR PAYMENT OF DEBT. 
4. HJR 192 PUBLIC POLICY 73-10 PASS BY CONGRESS XX/XX/XXXX Capital one has accepted the legal notice conditional acceptance agreement by posting a XXXX dollar bill on XXXX but did not post the negotiable instument in the amount {$6300.00} which was signed by XXXX XXXX XXXX with a exempt trust account on the back of the remittance which is a actual cash coupon. it was a cash coupon. 

Capital One insist on saying its companys policy 's not to accept the form of payment, but company 's policy 's are not laws and using there policy to void there obligation to accept any payment by a negotiable instrument. Capital One is rackettering activites under 18 USC 1961 CAPITAL ONE IS ALSO IS VIOLATION BY FEDERAL LAW WHICH CLEARLY STATE BY FEDERAL COURT. 
In Howard & Foster Co. vs. Citizens National Bank of Union, 133 S.C. 202 ; 130 SE 758, ( 1927 ), it was stated, " It has been settled beyond controversy that a national bank, under Federal law, being limited in it's power and capacity, can not lend it's credit by guaranteeing the debt of another. 
In the federal courts, it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser, or guarantor for him. '' Farmers and Miners Bank v. Bluefield Nat'l Bank, 11 F 2d 83, 271 U.S.669. 
" A national bank has no power to lend its credit to any person or corporation ... Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 s.ct 1024, 176 us 682, 44 LED 637. 
The payment was sent was done by the laws and legal tender is no longer to be used to pay debt with. this is my wife claim and the laws which is backing up her claim. 
CAPITAL ONE REFUSE TO RECONGIZED THE LAWS GIVEN BY A LETTER THAT WAS SENT WITH THE PAYMENT.

Company response to consumer: Closed with explanation