Consumer complaint received 2025-07-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX

Complaint narrative:
Affidavit of Harm, Identity Misuse, and Demand for Relief By : XXXX XXXX XXXX XXXX XXXX RE : Unauthorized Misuse of Government-Issued Identifier, Misclassification of Standing, and Demand for Immediate Relief State of Texas County of XXXX I , XXXX XXXX, a living man , competent to testify, being of sound mind and lawful capacity, do solemnly swear, affirm, and declare the following to be true, correct, and complete to the best of my knowledge, understanding, and belief : I. Identity and Standing I am the natural-born man known as XXXX XXXX XXXX XXXX XXXX , not a corporate fiction, U.S. citizen under commercial jurisdiction, debtor, or surety. 

The name XXXX XXXX XXXX and the Social Security number assigned to it are part of a legal construct and trust estate created by the State and federal government, wherein I am the equitable beneficiary, not the obligor. 

I never knowingly, voluntarily, or intentionally waived my status as beneficiary or authorized any third party to convert my identity into a source of debt for institutional profit. 

II. Allegations of Misuse and Harm The following entities have knowingly or recklessly used my legal name and government-issued SSN to classify me as a debtor and obligor in multiple financial transactions : XXXX XXXX XXXX Account no . ending XXXX XXXX Mississippi Bank Account no. ending XXXX Capital One Financial Corporation. Account no. ending XXXX XXXX XXXX XXXX Account no. ending XXXX XXXX XXXX XXXX  Account no. ending XXXX Credit Reporting Agencies : XXXX, XXXX, and XXXX  These institutions created or administered accounts, tradelines, or financial instruments using my credit application and SSN as the originating asset, while failing to disclose : a. That my credit application served as valuable consideration ; b. That principal was created from the asset I provided, not from their own capital ; c. That securitization, syndication, or monetization of that asset occurred without my knowledge or equitable participation. 

As a result of these omissions and misrepresentations, I have suffered : Derogatory credit reporting ; Denial of access to housing, credit, and financial services ; Reputational harm and constructive fraud ; Emotional distress and economic obstruction. 

III. Constructive Identity Theft and Legal Standing. 

The above conduct constitutes constructive identity theft, as defined in 18 U.S.C. 1028, wherein my SSN and legal name were used without lawful authority or full disclosure to generate private profit and institutional enrichment. 
* * Identity Theft report number XXXX * * This also constitutes : Breach of fiduciary duty, as the institutions acted as trustees over the legal person ( U.S. Person ) but concealed their obligations ; Unjust enrichment, by benefiting from the principal I provided while misclassifying me as a liability ; Constructive fraud, by failure to disclose material facts and gain advantage under false pretenses.

IV. Demand for Deletion and 4-Business-Day Block Pursuant to the Fair Credit Reporting Act, Title 15 U.S.C. 1681s-2 ( a ) ( 8 ), I demand that all credit reporting agencies and furnishers : Immediately block any reporting of the above-referenced tradelines, accounts, or obligations within 4 business days of receipt of this affidavit ; Remove all derogatory data associated with my name and SSN that was obtained through false classification, misidentification, or unauthorized trust administration ; Provide written confirmation of deletion or block status within 10 calendar days.

Any continued reporting, collection, or negative classification after receipt of this affidavit shall constitute willful noncompliance with the FCRA, and may give rise to statutory damages, actual damages, and injunctive relief under 15 U.S.C. 1681n and 1681o.

V. Affirmation and Reservation of Rights I declare that I am the sole equitable beneficiary of any instrument or account created using my name, SSN, or legal identity, and I do not consent to its use for the creation of debt or negative reporting without full compensation and transparency.

I reserve all rights, remedies, and causes of action under equity, common law, and public lawincluding the right to pursue private arbitration, regulatory enforcement, or civil action for commercial injury, fraud, and identity misuse.

Affirmation : I declare under penalty of perjury under the laws of the united States of America that the foregoing is true, correct, and complete to the best of my knowledge and belief. 

Executed on this XXXX day of XXXX, XXXX. 

XXXX XXXX XXXX XXXX , Beneficiary of Record

Company response to consumer: Closed with explanation