Consumer complaint received 2024-07-12
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: CAPITAL ONE FINANCIAL CORPORATION (PA)

XXXX. Capitol One, Chief Financial Officer received my Notice of Billing Error Dispute via fax on XX/XX/XXXX, at XXXXXXXX XXXX  ( Fax confirmation # XXXX ) and copy was sent via Registered mail : XXXX. along with request to validate this alleged debt including : full accounting according to GAAP principals of accounting ( public and private sides of the ledger ) the W-9 associated with this account, the daily net transaction report Log 120 and additional documentation, for the purpose of having this account auditing by the United States Treasury and IRS, to determine the accuracy of financiai information, including profits that Capitol One has made and reported to the IRS pertaining this account. 
XXXX. CAPITOL ONE, CFO and assigns charged off the credit card account during a billing Error Dispute and reported it to all credit reporting agencies. 
XXXX. On XX/XX/XXXX, the second mailing with : Notice of Non-Response and Opportunity to Cure Dishonor ; Notice Subrogation of Private Registered Stipulations of Surety/Subrogee ( and Notice of Billing Error Resolution with Intent to Tender payment for Equity of Redemption, was received on XX/XX/XXXX at XXXX by CAPITOL ONE's- Chief Financial Officer via Registered Mail # XXXX. These Stipulations have not been rebutted, and by way of acquiescence, Capitol One, Its Trustees ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) and associated agents, agreed to the points highlighted therein. 
XXXX XX/XX/XXXX via Registered Mail # XXXX, tender of payment for Equity of Redemption on the Capitol One Account # with Money Order # XXXX and the presentment/instruments for " Special Deposit '' and discharge of the obligation per Accord and Satisfaction were received. Copies of this Tender of Payment were mailed to Chief Financial Officer of XXXXXXXX XXXX XXXX XXXX  XXXX ( Indentured Trustee ) via Certified Mail # XXXX, and Capitol One Special Payments via Certified Mail # XXXX. 
XXXX or around XX/XX/XXXX, Capitol One 's Chief Financial Officer cashed Money Order # XXXX, sent via Registered Mail # XXXX XX/XX/XXXX, issued with OID presentment, accompanying the money order was ignored, which is considered a refusal of the Tender of Payment and as per UCC [ 3-603 ( b ) ], refusal is an automatic discharge of the obligation presentment were retained and not returned by CAPITOL ONE. However, CAPITOL ONE sent a correspondence stating that they don't accept the tender and continued to demand payment for the alleged remaining balance, sending email every 2-3 days.

6. CAPITOL ONE continued to send harassing emails and threats to sue, I sent a Revocation of assumed POA, withdraw of signature and CAPITOL ONE 's security interest in the account and involved the IRS to get assistance with auditing this account and reported suspicious activity. 
XXXX. During XX/XX/XXXX, I received a debt collection notice from XXXX XXXX XXXX, stating that they were hired by capitol one to collect on a debt. However, the debt was never validated and tender of payment was made in good faith to close and settle the account. 
XXXX requested that XXXX XXXX XXXX XXXX the debt, and received no response but instead received a Civil action for a default judgement filed by XXXX XXXX XXXX for the alleged amount on the account of which tender of payment was made. 
XXXX. A notice of Default and Dishonor was sent to XXXX XXXX with an opportunity to cure by validating the alleged debt, which again went unanswered. 
XXXX. I appealed to the judge ( XXXX XXXX ) via registered email regarding this alleged debt informing him that XXXX XXXX did not validate the debt and received an email that XXXX XXXX was not dismissing the case. 
XXXX. I faxed a notice of non-consent, with my registered email to Judge XXXX regarding my non consent on XX/XX/XXXX, however XXXX XXXX entered a default judgement on XX/XX/XXXX for a debt that has not been validated by either Capitol One nor The XXXX XXXX XXXX, Capitol One 's attorneys and of which tender of payment was made.