Consumer complaint received 2024-11-22 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Closing your account — Company closed your account
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
I am filing this complaint against Capital One due to their refusal to recognize my Durable Power of Attorney ( DPOA ), violations of federal law, misrepresentation regarding account ownership, unjust enrichment, and lack of disclosure in financial dealings. Capital One has failed to address multiple lawful demands, and I request immediate intervention to protect my rights and enforce compliance and reopen closed accounts. 

Key Issues Refusal to Accept Durable Power of Attorney ( DPOA ) : Capital One has sent me correspondence stating they do not or can not accept my legally binding DPOA. This refusal directly violates federal and state laws regarding recognition of legal documents, including but not limited to : UCC 3-306 : Right of a claimant to enforce interests in negotiable instruments. 
XXXX v. Agnitsch, XXXX XXXX XXXX ( XXXX Cir. 1978 ) : Enforceability of actions taken under XXXX. 
I am not requesting ; I am demanding that my legal document be recognized as valid. 

Failure to Reopen Accounts and Use Principals Interest to Offset Debts : As the Principal, it is my legal right to have my accounts reopened. The principals promissory note ( collateral security ) created the account, and the bank is using this as an asset on its books. This constitutes misrepresentation when labeling the Principal as a borrower, as banks are not authorized to lend their own credit. 

XXXX v. Market XXXX. Bank, XXXX XXXX XXXX ( XXXX ) : Contracts beyond a corporations power are unlawful and void. 
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX : Corporations have no authority to lend credit. 
Capital One is unjustly enriching itself from my financial instrument while refusing to reopen my accounts. 

Unjust Enrichment and Proceeds of Securitization : I hereby claim all proceeds derived from the securitization of my promissory note. Capital Ones practice of bundling and selling securities for profit without disclosing this activity constitutes fraud and violates : Truth in Lending Act ( TILA ) : Requires clear and conspicuous disclosure of material terms.

UCC Article 9-203 : Enforceability of security interests and proceeds derived therefrom. 
As the creator of the promissory note, I am the grantor and registered owner. I demand my rights be upheld. 

Violation of 12 U.S.C. 411 Lawful Money : Capital One must accept payments in lawful money as defined under 12 U.S.C. 411. The failure to disclose how the application serves as collateral security is a breach of federal law. 

Lack of Disclosure and Proof of Delegation Authority : Capital One has failed to disclose the monetization process of my note and to provide proof of delegation authority to impose liabilities on the Principal. This lack of disclosure violates : 15 U.S.C. 1639 ( TILA ) : Requirement for accurate disclosure of credit terms.

UCC Article 3 : Governing negotiable instruments and rights of the Principal. 

as THEY DO NOT HAVE AUTHORITY.

Company response to consumer: Closed with explanation