Consumer complaint received 2025-04-14 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV

Complaint narrative:
I attempted to dispute the transaction and explained to the company the dispute arises from the merchant providing a unsafe to operate vehicle which did not perform to the contract. 


The company has in my opinion sent my personal information off shore to the XXXX without my permission and the representative 's handling the disputes etc. for the company are not in the XXXX and not familiar with XXXX XXXX law or contract law. Persons who are not born XXXX citizens generally do not possess the level of understanding for proper application of XXXX laws including rights of the constitution in my opinion, unless the persons have received a equivalent law degree in their country of origin. 

Examples of case law related to contract non-performance : Here are key XXXX case law authorities regarding contract non-performance due to XXXX party 's false pretenses or fraudulent conduct : XXXX. Restatement ( XXXX ) of Contracts XXXX Not a case, but heavily cited : Rule : If a partys manifestation of assent is induced by fraudulent or material misrepresentation, the contract is voidable by the recipient. 

Cited in : Numerous XXXX court cases at federal and state levels. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Facts : A party entered into a business purchase based on misrepresented financials. 

Holding : The court allowed rescission because the misrepresentations were material and induced reliance. 

Relevance : Demonstrates contract voidability when misrepresentation induces agreement. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) Facts : A party failed to disclose key facts related to a coal contract. 

Holding : The court held that a contract induced by material misrepresentation could be voided. 

Relevance : Misrepresentation or failure to disclose materially significant facts can justify rescission or non-performance. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Facts : Real estate purchase based on false representations about the condition of the property. 

Holding : Fraudulent misrepresentation was grounds for voiding the contract and denying enforcement. 

Relevance : Non-performance justified when fraud is the basis for entering the agreement. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX evidence rule does not bar evidence of fraud even when written contracts appear clear. 

Relevance : Fraud in inducement or misrepresentation can allow rescission, regardless of the written terms. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) Facts : Government contracts obtained through collusion and false bidding practices. 

Holding : Contracts obtained by fraud were voidable, and damages recoverable under false claims. 

Relevance : Even public contracts are voidable if procured by false pretenses. 

XXXX XXXX XXXX XXXX XXXX : Fraud or Misrepresentation Commentary-based citation frequently used by XXXX courts XXXX If XXXX party 's fraudulent misrepresentation induces the other to contract, the deceived party may rescind the contract or sue for damages. 

In the case of this billing dispute, I allege the company who I am disputing provided me with a vehicle which was unsafe for operation. The vehicle had a XXXX inch crack in its rear bumper..which was made of some type of XXXX XXXX. The bumper not being intact would result in a more significant injury from a subsequent collision due to it being compromised. 

The vehicle being in disrepair creates unnecessary emotional distress to the operator and voids the contract. 

The vehicle also was in immediate need of having the brakes repaired and the technician from the company admitted the brakes needed repair but the company would prefer to wait longer as its repair budget threshold was not met. The brakes being noisy and creating an negative impression etc. diminished the intellectual image of the vehicle operator which further non performed the contractual agreement by the safety violations and infliction of emotional distress. 

Company subject to billing dispute has issues with its app which does not provide all the policies nor proper access to contract documents. 

I feel the person who took my initial dispute call was XXXX as a second language ' as they didn't sound like they got it. And they didn't ask a lot of questions. 

In relation to the Credit Card Company transferring my data off shore for handling. I would like the company to provide a written notice of XXXX XXXX ' handling to each customer so that customers have the option to opt out of this type of potential for legal malpractice etc.

Company response to consumer: Closed with explanation