Consumer complaint received 2024-07-24
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: CAPITAL ONE FINANCIAL CORPORATION (AZ)

I am submitting this complaint against Capital One for the following violations : 1. Fraud ( 12 CFR 1026.9 - Unfair or deceptive acts or practices ) : Capital One engaged in fraudulent activities by Failing to honor checks or drafts : Refusing to pay legitimate checks or drafts, or delaying payment without proper reason ( UCC 3-302, 3-303 ). 
Unauthorized signatures : Allowing or creating unauthorized signatures on checks, drafts, or other negotiable instruments ( UCC 3-403 ).

Altering documents : Modifying or altering checks, drafts, or other negotiable instruments without proper authorization ( UCC 3-407 ).

Failing to provide proper notice : Not providing adequate notice of dishonor, non-payment, or other important events related to negotiable instruments ( UCC 3-503, 3-504 ).

Wrongful dishonor : Dishonoring a legitimate check or draft without proper reason, leading to damages or losses for the customer ( UCC 3-502 ).

Failing to act in good faith : Not acting with honesty and fairness in transactions, such as hiding fees or terms ( UCC 1-203 ).

Misrepresenting account status : Falsely reporting account balances, transaction history, or other important information ( UCC 4-202, 4-203 ).

2. Misrepresentation ( 12 CFR 1026.2 - Definitions and rules of construction ) : Capital One misrepresented its services and products. If a bank creates credit without disclosing it and instead makes the borrower believe they're receiving a loan, it can also be considered a form of peonage. Peonage is a system where a person is forced to work to pay off a debt, often with little control over their circumstances. In this context, the bank 's actions could be seen as a form of peonage, as the " borrower '' is : Misled about the source of funds Forced into a debt obligation without full understanding Required to work to pay off the debt, with interest This can lead to a cycle of debt, where the " borrower '' is trapped in a situation they didn't fully understand or agree to. Peonage is illegal in many jurisdictions, and banks have a responsibility to avoid practices that could be seen as coercive or exploitative. 

XXXX. Breach of Contract ( XXXX XXXX XXXX - Unfair or deceptive acts or practices ) : Capital One failed to fulfill their obligations under our agreement, specifically : Fiduciary duty : Banks have a fiduciary duty to act in the best interests of their customers, including honoring legitimate bills and bills of exchange. 
Contractual obligations : The bank 's failure to honor a bill or bill of exchange can be seen as a breach of their contractual obligations to their customer. 
The UCC sections 3-102, 3-303, and 3-305 outline the bank 's responsibilities regarding negotiable instruments, including bills of exchange. 
Breach of warranty : By failing to honor a bill or bill of exchange, the bank may be breaching its warranty to accept and pay legitimate instruments. 

XXXX. Unlawful Banking Practices : Capital One misrepresented that they lent me money, when in fact, my energy was the source of the credit. XXXX. 

5. UCC Violations : 3-102. Alteration : Capital One altered the terms of our agreement without my consent.

3-305. Defenses and Claims in Recoupment : Capital One failed to provide a valid defense for its actions.

4-103. Conditions of Liability : Capital One is liable for its actions under the UCC.

Explanation : I created the credit through my application/remittance, which was then monetized by Capital One without my knowledge or consent. I tendered setoff with negotiable interments which were ignored. I requested Validation of the debt including certified accounting documents, which was also ignored. I then requested rescission on the account for fraud in many capacities. All documents were mailed certified mail with acceptance by Capital One on ALL.