Consumer complaint received 2024-01-12
Product: Credit card — General-purpose credit card or charge card
Issue: Closing your account — Company closed your account
Company: CAPITAL ONE FINANCIAL CORPORATION (IA)

XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IA XXXX XXXX : Account ending in XXXX Creditor : Capital One N.A. 

Dear XXXX XXXX XXXX, We're closing this account because activity on this or another account is not consistent with our expectations for account usage and violates the Capital One Customer Agreement. Please stop using this account immediately and destroy any cards and checks associated with it. Also, you should update any recurring payments being charged to this account, including gym memberships, subscriptions to online streaming services, etc. You're still responsible for paying any remaining account balance and will continue to receive billing statements until the balance reaches XXXX. 
If you have questions, please call us anytime at XXXXCAPITAL ( XXXX ). 
Sincerely, Capital One EQUAL CREDIT OPPORTUNITY ACT The federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age ( provided the applicant has the capacity to enter into a binding contract ) ; because all or part of the applicant 's income derives from any public assistance program ; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is the Bureau of Consumer Financial Protection, XXXX XXXX XXXX XXXX, XXXX, DC XXXX. 

( My Response ) XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IA XXXX XXXX : Account ending in XXXX Last XXXX of SS # XXXX Creditor : Capital One N.A. 


Dear Capital One, or Whom It May Concern : I am responding to such fraud letter that resulted in my account being closed. However, credit card fraud refers to the illegal use of another persons personal information for the purposes of making a transaction without their knowledge and approval. It can also refer to the use of an organizations credit card to make unauthorized personal purchases. I am stating that, I Did, No Such Thing. I am a victim and had nothing to do with the crime in question. 

And according to the Equal Credit Opportunity Act, XXXX, Scope of prohibition ( d ) Reason for adverse action ; procedure applicable ; adverse action defined ( 1 ) Within thirty days ( or such longer reasonable time as specified in regulations of the Bureau for any class of credit transaction ) after receipt of a completed application for credit, a creditor shall notify the applicant of its action on the application. ( 2 ) Each applicant against whom adverse action is taken shall be entitled to a statement of reasons for such action from the creditor. A creditor satisfies this obligation by ( A ) providing statements of reasons in writing as a matter of course to applicants against whom adverse action is taken ; or ( B ) giving written notification of adverse action which discloses ( i ) the applicants right to a statement of reasons within thirty days after receipt by the creditor of a request made within sixty days after such notification, and ( ii ) the identity of the person or office from which such statement may be obtained. Such statement may be given orally if the written notification advises the applicant of his right to have the statement of reasons confirmed in writing on written request.

15 U.S.C.

United States Code, 2021 Edition Title 15 - COMMERCE AND TRADE CHAPTER 41 - CONSUMER CREDIT PROTECTION SUBCHAPTER I - CONSUMER CREDIT COST DISCLOSURE Part D - Credit Billing From the U.S. Government Publishing Office, www.gpo.gov Part DCredit Billing 1666. Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor 's account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligor 's belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligor 's belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditor 's explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligor 's indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligor 's indebtedness. In the case of a billing error where the obligor alleges that the creditor 's billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.

After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.

( b ) Billing error For the purpose of this section, a " billing error '' consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.

( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.

( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.

( 4 ) The creditor 's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.

( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.

( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.

( 7 ) Any other error described in regulations of the Bureau.

( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, " action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) '' does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligor 's account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditor 's compliance with this section.

Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.

( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligor 's failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligor 's account the amount indicated to be in error.

( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.

( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.

( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported.

1666h. Offset of cardholder 's indebtedness by issuer of credit card with funds deposited with issuer by cardholder ; remedies of creditors under State law not affected ( a ) Offset against consumer 's funds A card issuer may not take any action to offset a cardholder 's indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer unless ( 1 ) such action was previously authorized in writing by the cardholder in accordance with a credit plan whereby the cardholder agrees periodically to pay debts incurred in his open end credit account by permitting the card issuer periodically to deduct all or a portion of such debt from the cardholder 's deposit account, and ( 2 ) such action with respect to any outstanding disputed amount not be taken by the card issuer upon request of the cardholder.

In the case of any credit card account in existence on the effective date of this section, the previous written authorization referred to in clause ( 1 ) shall not be required until the date ( after such effective date ) when such account is renewed, but in no case later than one year after such effective date. Such written authorization shall be deemed to exist if the card issuer has previously notified the cardholder that the use of his credit card account will subject any funds which the card issuer holds in deposit accounts of such cardholder to offset against any amounts due and payable on his credit card account which have not been paid in accordance with the terms of the agreement between the card issuer and the cardholder.

( b ) Attachments and levies This section does not alter or affect the right under State law of a card issuer to attach or otherwise levy upon funds of a cardholder held on deposit with the card issuer if that remedy is constitutionally available to creditors generally.

Lastly, 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Therefore, I request an adjustment to my account. 

In good faith, I, XXXX XXXX, certify that I have read the above and do know the facts contained are true, correct and complete, not misleading, the truth, the whole truth and nothing but the truth. 

Please confirm receipt of this letter. Your collaboration and cooperation is greatly appreciated. 

Sincerely, XXXX XXXX XXXX XXXX certified copy of my response was mailed along with different 3 notaries. 

Capital One 's Response : Via Email ( Generic Prefill Letter ) XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IA XXXX XXXX : Account ending in XXXX Case Number : XXXX Dear XXXX XXXX XXXX, XXXX you for contacting us about your Capital One account. 
We are unable to fulfill your request through written correspondence. If you contact the number indicated below, an agent will be happy to assist you with your request. 
If you have any questions, please give us a call at XXXX. We're available XXXX XXXX ( midnight ) XXXX and XXXX XXXX XXXX. 

Sincerely, Capital One Customer Care Team They will not, and have not, resolved this matter. They are avoiding the issue at all cost. I requested correspondence in writing. However, it is denied. The customer service agents are not knowledgeable, nor equipped to handle this legal dispute. Please look into my claim. Thank you!