Consumer complaint received 2025-07-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: CAPITAL ONE FINANCIAL CORPORATION
State: LA

Complaint narrative:
CAPITAL ONE HAS VIOLATED MY CONSUMER RIGHTS!! ! XXXX XXXX XXXX XXXX XXXX NEVER LET ME RESPOND TO THE ACQUISITION I MADE AGAINST CAPITAL ONE FOR THIS SAME MATTER. I HAVE PROOF, AND ITS BEEN OVER SIXTY DAYS, THEY NEVER SHOWED WHERE THEY RESPONDED OR GAVE ME MY LEGAL CONSUMER RIGHT TO RESPOND SO THE PUBLIC COULD WITNESS MY RESPONSE!!! XXXX XXXX XXXX!! ! XXXX [ XXXX XXXX OF HUMAN RIGHTS ] ARTICLE 22 ( Relization ) ARTICLE 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

ARTICLE 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. 



CAPITAL ONE IS IN VIOLATION OF AS FOLLOWS : XXXX XXXX NON-COMPLIANCE. ACCOUNT # XXXX XXXX XXXX NON-COMPLIANCE UCC XXXX XXXX I THE EXECUTOR OF THE ESTATE OF XXXX XXXX XXXX TENDERED A PROMISSORY NOTE TO THE ENTITY KNOWN AS CAPITAL ONE ON XXXX, XX/XX/year>. I HAVE PROOF OF THIS INSTRUMENT THAT I SPEAK ON AS EVIDENCE THAT PAYMENT WAS RENDERED BUT NOT COMPLIED, WHICH IS A INCORPERAL MISTAKE ON THE PART OF XXXX CAPITAL ONE BEHALF. I HAVE A LETTER FROM CAPITAL ONE STATING THAT CON TACT WAS MADE AT AN ADDRESS THAT IS ACTUALLY MY FATHER 'S ADDRESS, BUT CAPITAL ONE SENT ME A LETTER TO MY CORRECT ADDRESS SEVERAL TIMES, SO HOW COULD XXXX CAPITAL ONE GET MY BILLS ON TIME WITHOUT SENDING ME A BILLING STATEMENT EACH MONTH TO MY CORRECT ADDRESS. CAPITAL ONE IS HAS DONE DETRIMENTAL HARM TO MY CREDIT REPORTS FROM ALL THREE BUREAUS XXXX XXXX XXXX XXXX REFUSING AND BEING STUBBORN AS WOULD A CHILD DO WHEN CORRECTED OF DOING WRONG TO REMOVE ALL EXISTANCE OF THIS ACCOUNT FROM ALL THREE BUREAUS. THIS ENTITY HAS DONE TREMENDOUS HARM BY REPORTING OVER FIVE [ LATE PAYMENTS ] WHEN ACTUALLITY IT REFUSED PAYMENT AND COMMENTED VIOLATIONS UNDER UCC CODES WHICH WILL BE REPORTED TO [ OCC ] IMMEDIATELY FOLLOWING THIS DISPUTE, OR HALF MEETING OF THE MINDS A.I.

3-419. INSTRUMENTS SIGNED FOR ACCOMMODATION. 
( a ) If an instrument is issued for value given for the benefit of a party to the instrument ( " accommodated party " ) and another party to the instrument ( " accommodation party " ) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party " for accommodation. '' ( b ) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection ( d ), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation. 

( c ) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in Section 3-605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation. 

( d ) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if ( i ) execution of judgment against the other party has been returned unsatisfied, ( ii ) the other party is insolvent or in an insolvency proceeding, ( iii ) the other party can not be served with process, or ( iv ) it is otherwise apparent that payment can not be obtained from the other party. 

( XXXX ) If the signature of a party to an instrument is accompanied by words indicating that the party guarantees payment or the signer signs the instrument as an accommodation party in some other manner that does not unambiguously indicate an intention to guarantee collection rather than payment, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument in the same circumstances as the accommodated party would be obliged, without prior resort to the accommodated party by the person entitled to enforce the instrument. 

( f ) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. In proper circumstances, an accommodation party may obtain relief that requires the accommodated party to perform its obligations on the instrument. An accommodated party that pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.

3-311. ACCORD AND SATISFACTION BY USE OF INSTRUMENT. 
( a ) If a person against whom a claim is asserted proves that ( i ) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, ( ii ) the amount of the claim was unliquidated or subject to a bona fide dispute, and ( iii ) the claimant obtained payment of the instrument, the following subsections apply. 

( b ) Unless subsection ( c ) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

( c ) Subject to subsection ( d ), a claim is not discharged under subsection ( b ) if either of the following applies : ( 1 ) The claimant, if an organization, proves that ( i ) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and ( ii ) the instrument or accompanying communication was not received by that designated person, office, or place. 

( 2 ) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that that sent a statement complying with paragraph ( 1 ) ( i ).

( d ) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim. 
STATUS AS HOLDER IN DUE COURSE. 
( a ) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section XXXX ( a ). 

( b ) If the validity of signatures is admitted or proved and there is compliance with subsection ( a ), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Section XXXX, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim. 

XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Uniform Commercial Code 3-307. NOTICE OF BREACH OF FIDUCIARY DUTY.

3-307. NOTICE OF BREACH OF FIDUCIARY DUTY.

( a ) In this section : ( 1 ) " Fiduciary " means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. 

( 2 ) " Represented person " means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph ( 1 ) is owed.

( b ) If ( i ) an instrument is taken from a fiduciary for payment or collection or for value, ( ii ) the taker has knowledge of the fiduciary status of the fiduciary, and ( iii ) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply : ( 1 ) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person. 

( 2 ) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is ( i ) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, ( ii ) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or ( iii ) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

( 3 ) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty. 

( 4 ) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is ( i ) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, ( ii ) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or ( iii ) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. 

THE EXECUTOR OF THE ESTATE OF : XXXX XXXX XXXX

Company response to consumer: Closed with explanation