Consumer complaint received 2024-05-01
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

I, XXXX XXXX XXXX XXXX XXXX beneficiary, authorized representative for XXXX XXXX XXXX XXXX attempted to remain in honor with CAPITAL ONE by tendering payment twice via two conspicuous negotiable instruments in the form of a paid U.S.P.S money order for account number : # XXXX. Both money orders had a clear notification at the bottom that they were negotiable instruments, which I bought and paid for the rights to negotiate. On or about XXXX U.S.P.S Money Order number XXXX, dated XXXX, made payable to Capital One, with the following provision : I accept your offer in the amount of {$1100.00} for valuable consideration and tender this payment for the complete amount in accord and satisfaction upon redeeming this instrument, made in accordance with federal banking law, in the amount of {$1100.00}, in accordance with HJR-192 Public Law 72-10, U.C.C 3-603 ( b ), U.C.C. 3-311, U.C.C. 3-114 and public law for negotiable instruments, was tendered by certified mail : XXXX XXXX XXXX XXXX XXXX XXXX. This Instrument was received XXXX and redeemed on XXXX by Capital One. On or about XXXX I made a call to Capital One to give notice of the billing error where I spoke to thelivewitness XXXX ( spelling is approximate ) to whom I gave notice of the billing error stating that the provision was not honored though the the instrument was redeemed and that the payment that I sent in via a U.S.P.S Money Order - a valid negotiable instrument - and it was only credited as {$10.00}, which is incorrect.An investigation was said to be initiated due to my notice and dispute with the Case number XXXX. On or around XXXX I received a letter dated XXXX, which is exact same day of the dispute, that Capital was not honoring my dispute and that Capital One found that the payment posted correctly based on the legal written amount of {$10.00}. Capital One failed to honor the instrument, breaking the legal guidelines set forth in Code of Virginia 8.3A-603 ( a ) for tender of payment which states : If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. Dishonoring the instrument also breaks the legal guidelines set in Code of Virginia 8.3A-114, contradictory terms of instrument, which states : If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. The provisions mentioned above that were handwritten on the instrument set the terms for the simple contract governing the instrument. Upon redeeming the instrument Capital One acted in agreement to the handwritten terms of the tendered payment for the complete amount of the handwritten value of {$1100.00}. Capital One failed to honor the instrument tendered in good faith and continued to charge interest on the erroneous amount due that was already tendered, causing me economic damage and injury by falsely reporting to credit reporting agencies a erroneous balance. In good faith effort to provide Capital One a second opportunity to walk in honor, on or about XXXX U.S.P.S Money Order number XXXX, dated XXXX, made payable to Capital One, with the following provision : I accept your offer in the amount of {$1100.00} for valuable consideration and tender this payment for the complete amount in accord and satisfaction upon redeeming this instrument, made in accordance with federal banking law, in the amount of {$1100.00}, in accordance with HJR-192 Public Law 72-10, U.C.C 3-603 ( b ), U.C.C. 3-311, U.C.C. 3-114 and public law for negotiable instruments, was tendered by certified mail : XXXX XXXX XXXX XXXX XXXX XXXX 

This Instrument was received on XXXXand redeemed on XXXX by Capital One. On or about XXXX I sent a Notice of Error by certified mail : XXXX XXXX XXXX XXXX XXXX XXXX to give notice of the billing error. Additionally, on XXXX I made a phone call to Capital One where I spoke to live witness XXXX ( spelling is approximate ) who I gave notice of the billing error, who transferred me to manager XXXX ( spelling is approximate ) who I gave notice of the billing error, who openly and rudely refused to walk in honor, and who after I requested a manager above their position stated that if I wanted to talk to someone else to hang up and call back. In good faith and peace, I did and spoke to live witness XXXX ( spelling is approximate ) who I gave notice of the billing error stating that the provision was not honored though the the instrument was redeemed and that the payment that I sent in via a U.S.P.S. Money Order- a negotiable instrument- was only credited as {$10.00}, which is incorrect. XXXX stated that the Back Office will be handling this matter, that there is no case number associated by my dispute, and that I can expect a decision letter in approximately two payment cycles. 

On or around XXXX I received a letter dated XXXX, which is exact same day of the dispute, of the current terms of the account number : # XXXX. On or around XXXX after logging into my Capital One account I discovered it was restricted and the card was not functional. On or around XXXX I received a letter dated XXXX that the account was being closed because activity on this account is not consistent with our expectations for account usage and violates the Capital One Customer Agreement. Capital One failed to honor the instrument, again breaking the legal guidelines set forth in Code of Virginia 8.3A-603 ( a ), and 8.3A-114. Most importantly, Capital One acted in agreement with the handwritten terms of the tendered payment for the complete amount of the handwritten value of {$1100.00}. 
Capital One failed to honor the instrument tendered in good faith, dishonoring the terms of the simple contract governing the instrument that they entered into upon redeeming the instrument. Capital One continued to charge interest on the erroneous amount due that was already tendered, causing me economic damage and injury by falsely reporting to credit reporting agencies an erroneous balance. 
The US Constitution Article I, Section 10, Clause 1 states : No State shall enter into any Treaty, Alliance, or Confederation... or Law impairing the Obligation of Contracts .... Capital One entered into a contract upon redeeming the instrument and no Law impairs Capital Ones obligation to walk in honor of the simple contracts that governed both the negotiable instruments it redeemed and currently stands in dishonor of. Capital One has discriminated against me by closing this and another account due to my exercising my rights under the Consumer Credit Protection Act, after entering into a written agreement, and then failing to adhere to the terms and conditions of such an agreement made in good faith. ( Code of Virginia 59.1-200 ) Capital One asks in its Customer Agreement that payment be made in US dollars and payments with instructions may be rejected. Capital One did not reject the payments tendered via negotiable instruments in the monetary unit of US dollars, and agreed to the simple contract, set by the provisions of the instruments upon redeeming them. I request that an investigation into the practices and procedures of Capital One in this matter be promptly carried out. It is an egregious disregard for commercial laws and consumer rights. I request an accounting be taken of this account, that this issue be resolved without levy, and that I be made whole from the abundance of monies beyond what was owed, tendered in good faith by negotiable instruments, that remain negotiable and of benefit to Capital One causing me continuous economic and equitable damage. I request Capital One produce the following : Proof of all indebtedness, including copies of any alleged signed credit agreement paperwork in your possession, on which you base your alleged claim of violation ; Proof of the entire chain of custody of any signed wet ink promissory note or credit agreement claimed to be collecting for, including but not limited to, copies of any guarantee, security agreements, contracts for the alleged debt and their attached allonge ; A full accounting of ALL sums due that have been applied to this alleged debt balance, including the payments in question ; If the promissory note or credit agreement was securitized, along with ANY of the negotiable instruments tendered as payment, please provide the name of the trust and location of its trustee, including the full contact information and telephone number, any XXXX attached to any documents associated with this account ; Provide the exact location of the purported promissory note or credit agreement, autographed by me with wet ink, and any and all FULL MATERIAL DISCLOSURES of how this DEBT came into existence. 
I request Capital One provide any, and all copies of any, and all documents, in any type of medium such as but not limited to electronic records and tangible forms it has in its possession, bearing my legitimate autograph. 
Be further advised that I am not limiting or waiving any rights or remedies I may now or hereafter have, whether arising under Capital Ones purported promissory note or credit agreement at law or in equity, all of which rights and remedies I am expressly reserving. Failure to respond within 30 days, point for point with an autographed rebuttal by a live witness with direct knowledge of the matter, will also result in an action filed against your company in the appropriate forum. I will be notifying The Office of the Inspector General, The Office of the Comptroller, Representative XXXX XXXX XXXX XXXX, The Board of Governors of the Federal Reserve, and finally The Office of Management and Budget, Congress, and the Department of Treasury being sure to highlight the law defiant and discriminatory practices being administered by Capital One.