Consumer complaint received 2024-07-08
Product: Credit card — General-purpose credit card or charge card
Issue: Closing your account — Company closed your account
Company: CAPITAL ONE FINANCIAL CORPORATION (TX)

Capital one is on notice of default for breach of trust and breach of fiduciary obligations. As an investor I was confident that capital one would uphold their obligations but evidently Capital one practices securities fraud. A properly indorsed security was sent as payment for setoff of the principal balance of the deposit account with specified instructions on what the security transfer agent must do when handling their fiduciary obligations. Capital one received the indorsed security sent registered mail on XX/XX/year> for recoupment on behalf of the investor which capital one has yet to honor. Capital one claims a debt is owed on the account when they have already received payment for the account. A security agreement was accompanying the payment so capital one has on file the proper instructions written by the investor on what to do when handling notes from the account for as long as the contract is active. Capital one has also received a new notarized power of attorney regarding the credit card account prior to the closing of the account, for the purpose of revoking any and all affiliates of capital one their power of attorney over the account and appointing a new Power of attorney solely to a new representative which has been properly filed with the IRS. Capital one has yet to honor the new power of attorney which headquarters has a notarized copy on file and capital one has illegally assumed the right in considering the bonds, and derivatives of the account as being abandoned by the investor, when in fact the investor has clearly stated within the security agreement sent to Capital one accompanying the properly indorsed security received registered mail for payment and setoff of the account to the proper address and place of payment as stated on the capital one multi asset execution trust Indenture agreement with the XXXX XXXX XXXX XXXX XXXXXXXX and the credit card agreement for the account. Capital one has sold false information to the credit reporting agencies of the account being in delinquency when in fact capital one is clearly commiting securities fraud on behalf of Capital One Funding LLC ( depositor ), Capital One Multi-Asset Execution Trust ( Issuer ), Capital One Master Trust ( Issuer ), XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX ), and The XXXX XXXX ( owner Trustee ) all of which are transferring my securities to the secondary market and fraudulently claiming the principal payments, interest payments, and proceeds of the account without the investor and without the authority of the investor. A 1099A form has been filed with the IRS over the account and capital one continues to act as if the account has not been paid. Under UCC 3-603 tender of payment any refusal of negotiable instruments received for payment of a debt is automatically discharged. Further action will be taken if capital one continues to steal my securities. Further complaints will be filed with the SEC, OCC, FINRA, and FTC. A certified XXXX audit report will be conducted over the account if malpractices of handling the investors Securities, which is completely contrary to the security agreement of the account in Capital One 's possession, continues to pursue. I'm available to provide any and all information and records that's needed to provide evidence of the situation. XXXX XXXX and damages to my reputation and financial circumstances have been caused against me.