Consumer complaint received 2024-04-05 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: Continental Finance Company, LLC
State: VA

Complaint narrative:
Amount in Dispute {$520.00} My billing dispute is for past, current and future certificates of indebtedness under this contract, as I have proof that I sent a security as tender of payment to your company and it was received via certified mail. Are you not operating under the XXXX? 
Failure to respond to this notice will result in additional Civil Money Penalties listed under the Federal Reserve Act listed above for the amount of {$25000.00} per day of the violation. I would like the account balance updated as PAID IN FULL AND NEVER LATE with my security accepted for payment each and every month. Continental Finance is in clear violation of the XXXX and XXXX. I reserve my right to seek remedy for securities fraud, breach of contract, breach of fiduciary duty and violations for harassment under 15 USC 1692. I will be working to obtain a forensic audit of this account for my records if the aforesaid is not remedied and cured. 
First, I reserve my rights to seek remedy under the Federal Reserve Act for the following : Section 29. Civil Money Penalty ( b ) Second Tier. Notwithstanding subsection ( a ), any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who commits any violation described in subsection ( a ) ; recklessly engages in an unsafe or unsound practice in conducting the affairs of such member bank ; or breaches any fiduciary duty ; which violation, practice, or breach -- is part of a pattern of misconduct ; causes or is likely to cause more than a minimal loss to such member bank ; or results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than {$25000.00} for each day during which such violation, practice, or breach continues. 
Also, I would like to note : 15 USC 1666b- ( a ) Time to make payments- A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose 15 USC 1666 - ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error. 
Because you have unlawfully rejected my tender of payment, even though I sent you a Security that I have proof was received via certified mail, you no longer have the right to collect on this account.

15 USC 1666 ( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph 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 a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( 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 the creditor and can not be traced through the consumers last known address or telephone number.

15 USC 1692f - ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.

Continental Finance is also in violation of the Congressional Regulations under : 15 USC 1692 ( D ) - ( 1 ) The use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person.
( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.

( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity.

( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.

**Per UCC 3-603 ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ** Code of Virginia 8.3A-205. Special endorsement ; blank endorsement ; anomalous endorsement.

( a ) If an endorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the endorsement identifies a person to whom it makes the instrument payable, it is a " special endorsement. '' When specially endorsed, an instrument becomes payable to the identified person and may be negotiated only by the endorsement of that person. The principles stated in 8.3A-110 apply to special endorsements. 
Any future calls, texts or emails from XXXX soliciting a payment will now be under the Telephone Consumer Protection Act and will result in an invoice for $ 1500/violation.

Per Continental Finances terms listed for errors on my statement : We can not collect the amount in question, or report you as delinquent on that amount Copies sent in writing to SEND CORRESPONDENCE TO : Sincerely and in good faith,

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation