Consumer complaint received 2024-04-11
Product: Credit card — General-purpose credit card or charge card
Issue: Closing your account — Company closed your account
Company: CAPITAL ONE FINANCIAL CORPORATION (LA)

On XX/XX/XXXX Capital One violated my Fifth Amendment Rights when they closed my accounts ending in XXXX, XXXX and XXXX. No one shall be deprived of life, liberty, or PROPERTY without due process of law. Property can not be taken without just compensation. Property can not be taken without an official court order. Property can not be taken without a trial by jury. These accounts are displaying as closed to the actual holder in due course and entitled beneficial owner of these accounts and consumer contracts, yet on the private side ( off-ledger book entry ), securities are still being transferred and traded in my trust account name, XXXX XXXX  XXXX XXXX XXXX. This has either been done by fraud, or by mistake, as I have already tried to resolve this issue with Capital One. I did not authorize these accounts to be closed and inaccessible to me, therefore I require and demand these accounts to be reopened to me, for my beneficial purpose. For no specific explanation from Capital One, these accounts were closed after a notice of claims was sent to Capital One, with correspondence of me being aware of my open-end credit plan, claims to my percentage of any securities, proceeds, and insurances, that lawfully belong to me, that are currently being transferred and traded on primary and secondary markets. Capital One also received registered securities on XXXX. XXXX, XXXX for any and all collateral debt obligations along with this correspondence, as well as, the initial application/promissory note/certificate of indebtedness, which was securitized by this company, where they received a CUSIP and engaged in trading activities, which also made me an investor and the beneficiary owner of these accounts. I also requested that all unlawful funds ( FRNs ) that were mistakenly paid to them by me, from the inception of these accounts be returned and reimbursed immediately to my payment account or by check to my trust name, as I now realize the implications of the 1933 emergency banking act, HJR192 Public Law 73-10, etc., that I am not supposed to and can not pay a debt with a debt, that FRNs are not lawful money, and I would like to always remain in honor. I also have asked for documentary evidence that I owe any debt on these accounts. They are also violating their own arbitration clause that says, any adverse action shall result in arbitration first, by closing or making these accounts inaccessible to me. If they believed this full tender of payment to be disputed, this will be considered a billing error 15 USC 1666, and specifically 15 USC 1666 ( a ) No adverse action allowed until the matter is resolved. Also by Capital One receiving a registered security 1 ) not crediting the account, and 2 ) falsely reporting as if they did not receivea full payment would also be a billing error Other violations would be in their SEC filings and Security Agreements according to the Security Exchange Act 1934, and Trust Indenture Act 1939. On the investors statements they send to me, I am supposed to receive all positive dividends as soon as they are received on my behalf ( 15 USC 1666 ( c ) ), via Electronic Funds Transfer Act. Any balance excess of {$1.00} on the statement, belongs to me ( as also stated on their card member agreement ) and has not been credited to my account, yet the law says it should be done immediately via Electronic Funds Transfer Act. The US Treasury says that the coupon is a positive interest dividend payment check. This would also constitute securities fraud. The Social Security Administration site says I should only provide my social security # to government agencies, yet Capital One required me to provide them with this information to access my trust account, which is also a violation of policy and identity theft. Also seems to be language fraud in their agreements, to their investors, clients, as well as their agreements with the SEC. I have also asked them to provide me with proof that this account is indeed closed by providing me with a full audit trail as this CUSIP appears within the XXXX XXXX, as authorized by XXXX, and they have refused.