Consumer complaint received 2024-08-29 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Trouble using your card — Can't use card to make purchases
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
CFPB this correspondence is in regard to Capital One. This creditor engaged in abusive, deceptive, and unfair practices of the FDCPA which it prohibits. I as the debtor hereby assert my rights according to 16 CFR 433.1 and 16 CFR 433.2 you are not exempt because according to 16 CFR 433.3 ( a ) Anysellerwho has taken or received an open endconsumer credit contractbefore XX/XX/year>, shall be exempt from the requirements of16 CFR part 433with respect to suchcontractprovided thecontractdoes not cut off consumers ' claims and defenses. According to 15 USC 1666b it is a billing error I did not receive a statement 21 days before the late payment error. Nor have I been sent any statements from said credit in over a years time. If finance charge included, there should be no late payments pursuant the Truth-In-Lending Act and 15 USC 1605 ( a ) due to finance charge bring sum of all charges so I ca1n not be penalized for something that is already paid in full. According to 15 usc 1666d Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to acreditorin excess of the total balance due on an account, ( 2 ) rebates of unearnedfinance chargesor insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, thecreditorshall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by thecreditorand can not be traced through the consumers last known address or telephone number. 15 usc 1666b can be found on the back of most if not all credit card statements on page 2. See exhibit A. As this is a formal instruction in accordance with 15 U.S.C. 1666 ( b ) ( 2 ) to provide documentary evidence, which includes books of account in accordance with 15 U.S.C. 44 to resolve this billing error, the documentary evidence, which includes books of account in accordance with 15 U.S.C. 44, must be provided to clarify this amount. The creditor has legally agreed to forfeit all rights to collect on all past, present, and future amounts in dispute pursuant to Title 15 U.S.Code 1666 ( e ) Creditors, can not and shall not restrict nor limit nor cause any disruption of any manner of the account in question pursuant 12 CFR 1026.13d ( 3 ), a creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. With that said I conditional accept your offer upon valid proof of lawful claim. According to 18 usc 8 he term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act ofCongress, and canceledUnited Statesstamps. I am well aware that we are playing the game of contract law. Federal Reserve notes can not satisfy any debt as you can not pay a debt with a debt. So your requiring funds in XXXX currency is against the public policy. In addition your XXXX, XXXX, prospectus, state that for the intention of tax purposes all debt as indebtedness to avoid paying taxes on the Floating rate notes you have obtained from me. Also in these forms you have admitted that Neither the SEC nor any state securities commission has approved the certificates or determined that this prospectus is accurate or complete. Any representation to the contrary is a criminal offense. The use of Federal Reserve notes however, does make one an enemy of the state. I know now that the statements these companies have been sending us all of these years are evidence of an indebtedness. The top portion of the statement is the Bond the bottom portion known as the payment coupon is my interest dividend check sent to me as my name is the name that is evidenced on the front of these treasury interest dividend coupon. I am the holder in due course of these instruments. These interest dividends are provided to consumer from the treasury for the interest made off of the tendered instrument. Let this correspondence serve as your notice. I hereby rescind, revoke, remove, terminate and void your right to keep my security interest, principal, proceeds thereof, including but not limited to credit life insurance and FDIC insurance of {$250000.00} and FDIC {$250000.00} for all transactions not exceeding {$250000.00}. I hereby claim all of my rights, titles, and interest. I hereby rescind, revoke, remove, terminate and void your rights to any of my rights, title, and interest. I am lawful age of majority and I possess the ability to contract and I hereby reserve my rights under UCC 1-308.

Company response to consumer: Closed with explanation