Consumer complaint received 2024-05-12
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Other problem
Company: CAPITAL ONE FINANCIAL CORPORATION (NJ)

NOTICE OF BILLING ERROR *NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT* Date : XX/XX/year> The undersigned Affiant, XXXX XXXX XXXX here-in after, " Affiant '' do solemnly swear, declare and state as follows : Pursuant to 12 CFR 1026.13 - Billing Error Resolution l, XXXX XXXX, dispute account XXXX XXXX in the amount of XXXX has submitted correspondence to CAPITAL ONE FINANCIAL CORPORATION to rectify this matter and it has yet to be resolved.

Please furnish documentary evidence in accordance with, 15 U.S. Code 44 of record of accounts where CAPITAL ONE FINANCIAL CORPORATION awarded me, XXXX XXXX, with any payment of this alleged debt. Pursuant to 15 US. Code 1666b ( a ) Notice, it is a fact that the affiant is aware 15 U.S. Code 1637 ( b ) ( 2 ) ( a ) refers to a request to resolve a billing error by providing all documentary evidence for clarification of who funded this account and whose obligation it is to pay this alleged debt on this account XXXX. Until then CAPITAL ONE FINANCIAL CORPORATION can not report late payments in accordance with the regulations of the Bureau 12 CFR 1026.13 ( d ) ( 3 ) Pursuant to 15 U.s. Code 1666 ( e ) If the creditor does not provide all documentary evidence as defined under 15 U.S. Code 44 this will result in a billing error and the creditor forfeits all rights to collection on the amount that has been identified in dispute.

Notice, it is a fact affiant is aware that without resolving this billing error the creditor has legally agreed to forfeit all rights to collect on the amount in dispute pursuant to, 15 U.S. Code 1666 ( e ). Pursuant to 12 U.S. Code 5562 ( c ) ( 10 ) - Production of Document Material Notice, that it is a fact affiant is aware the consumer has the right to request the money audit trail
. I am requesting this documentary material in accordance with, 12 U.S. Code 5562 ( c ) ( 10 ) to address this subject matter. Without this documentary evidence, there is no evidence of this alleged debt.

Pursuant to 12 U.S. Code 1831 - GAAP Audit Trail, Accounting and Insurance Notice, that it is a fact affiant is aware the consumer has the right to request the GAAP Audit Trial in accordance with 12 U.S. Code 1831 and without this documentary evidence to properly address this subject matter, there is no evidence of this alleged debt.

Pursuant to 16 CFR 433.3 ( b ) ( 4 ) a contract which in a contract which includes a waiver, condition, or limitation for a debtor to assert rights for claims or defense against a seller is void. Notice it is fact in accordance with 15 C.F.R. 433.3 ( b ) ( 4 ) I the affiant has reason to believe and do so believe a contract can not and does not constitute documentary evidence or contain a negotiable instrument or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer such as l, XXXX XXXX, the affiant any right to assert against any holder of a contract with any and all legally sufficient claims and defenses which could be asserted against the seller of goods and services and in all subject matter pursuant 16 C.F.R. 433 3 ( b ) ( 4 ) said the contract is unenforceable and void. Notice a contract has not given the consumer the full disclosure of said contract with any written, oral, known or unknown subject matter shall not constitute as documentary evidence. The affiant has reason to believe and does so believe CAPITAL ONE FINANCIAL CORPORATION has failed to meet all requirements established in 16 C F.R 433.2 ( a ). Furthermore CAPITAL ONE FINANCIAL CORPORATION used my openended credit plan in accordance to 16C.F R 433.2 ( a ) to furnish which furthermore proves they did not extend credit to me in regard to this alleged debt. 
Pursuant 15 U.S. Code 1692e ( 2 ) false character, amount, or legal status of any debt Notice it is a fact that I the affiant am aware that the false character of the amount of this alleged debt violates 15 U.S. Code 1692e ( 2 ) ( a ). Affiant has proof of this violation as CAPITAL ONE FINANCIAL CORPORATION alleges I owe an alleged debt, yet the account shows the billing in a positive amount. How can I pay into an account which is already positive? This is in violation of TILA Pursuant to 18 U S. Code 8 - Obligation or Other Security of the United States Notice in fact that the affiant is aware that all obligations of debt are the responsibility of the United States. 
Please adjust this account to a XXXX balance and return all funds paid into this alleged debt, including payments of interest, down payment, etc. You have 10 days of receiving this notice to comply. If you can not provide all documentary evidence requested that you have agreed to the terms of this notice. I have included a copy of the bill as proof of a billing error See Exhibit 1