Consumer complaint received 2024-02-25 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
PLEASE REMOVE THIS COLLECTION AND DELETE THIS COLLECTION FROM MY CONSUMER REPORT DUE TO ALL THE VIOLATIONS. 

XXXX, : house of XXXX, a MAN hereinafter claimant, for : XXXX XXXX hereinafter Alleged Debtor, I advise you to read this ENTIRE LETTER. Disregarding information in this letter means that you can be subject to a {$5000.00} fine and/or litigation for not reserving my rights under U.C.C. 1-308.4 ( I am reserving my rights under U.C.C. 1-308.4 not to be compelled to perform under any contract or commercial agreement that I did not enter KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY. I do not accept the liability of any compelled benefit or lack thereof, or any unrevealed contact or commercial agreement. I have a right to sue you under the Common Law for violating my rights under the UCC. ) Claimant has entered an AFFIDAVIT OF FACT for the cease and desist of all collection activities and removal of adverse information on my consumer report ; in commerce ; ( 3 ) An unrebutted affidavit stands as judgment in commerce ; ( 4 ) A matter must be expressed to be resolved ; ( 5 ) A claim can be satisfied only through ( a ) a rebuttal by counter affidavit point by point ; ( b ) resolution by a jury ; or ( c ) payment ( payment means discharging this debt and cease and desist all collection activities ) Claim : claimant 's offer to perform ( pay with Federal Reserve Notes ) upon PROPER AND COMPLETE DEBT VALIDATION ; COMPLETE ENTIRE DEBT COLLECTORS DISCLOSURE STATEMENT ; PURSUANT TO TITLE 15 U.S. CODE 1692g ; Claimant requesting documentation showing where I signed an agreement or contract where I was given FULL DISCLOSURE ; Claimant requesting documentation disclosing EQUAL CONSIDERATION ; Claimant requesting documentation where COMPANY/CORPORATION has my WET INK SIGNATURE, including where COMPANY/CORPORATION signed agreement/contract and not a third-party representative ; NOTICE : THE GOVERNING LAW OF THIS BINDING NON-NEGOTIABLE CLAIM IS PRIVATE INTERNATIONAL LAW AND IS FOR THE PURPOSES OF ESTABLISHING LAWFUL STATUS & REMEDY, AND IS NOT INTENDED TO THREATEN, HARASS, HINDER OR OBSTRUCT ANY LAWFUL OPERATIONS ; Silence is Acquiescence, Agreement, and Dishonor ; Estoppel conditions apply upon default ; Notice to Respondeat Inferior is Notice to Respondeat Superior Notice to Respondeat Superior is Notice to Respondeat XXXX XXXX XXXX ID : XXXX Without Prejudice U.C.C. 1-308.4/Without Recourse U.C.C. 1-103.6 Date : XX/XX/XXXX From : XXXX : XXXX, a living MAN XXXX XXXXXXXX XXXX XXXX XXXX on XXXX, on FLORIDA XXXX XXXX Non-Domestic XXXX : Current CEO of CAPITAL ONE c/o CAPITAL ONE XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Cease & desist all collection activities IMMEDIATELY bearing my name pursuant to U.C.C. 1- 308.4 Alleged Creditor : CAPITAL ONE Alleged Account : XXXX Alleged Amount : {$880.00} This letter is meant for the CEO and no other person is permitted to answer to this matter. Any effort to do so will be considered mail fraud and tampering with the mail which also holds possible imprisonment and fines per Title 18 U.S. Code 1701, Title 18 U.S. Code 1702, Title 18 U.S. Code 1703, and Title 18 U.S. Code 1708. Anyone who tampers with this mail other than the CEO or acting CEO of this corporation will also personally be named in the lien with the U.S. 
Treasury. 
Dear CEO of CAPITAL ONE It has recently come to my attention that contracts were created without my KNOWLEDGE when the alleged ID number and alleged bank account was established with a CAPITAL ONE which may invalidate and violate my rights pursuant to U.C.C. 1-308.4. Collection Agency has not provided validation Information under 12 CFR 1006.34 ( b ) ( 5 ) but yet they placed a collection on your consumer You have not been given a chance to dispute account according to 22 CFR 1006.34 ( c ) ( 4 ) ( ) Collection agency is violating your consumer rights by using false misleading, misrepresentation and deceptive means. 
Collection agency has no authority to furnish any account to a consumer reporting agencies without providing any and all disclosures required by law and they are in clear violation of 12 CFR 1006.34 ( d ) and 15 USC 1681-S2 ( A ) XXXX  Envelope ID : XXXX Without Prejudice U.C.C. 1-308.4/Without Recourse U.C.C. 1-103.6 I, XXXX - : XXXX, a Natural Person, am writing pursuant to the Fair Debt Collections Practices Act 15 USC 1692g , to inform you that I protest the alleged debt and alleged account/account/negative activity/ statement associated with ( reference accounts above ) with CAPITAL ONE I do not believe that the Natural Person XXXX- : XXXX signed a contract with your private corporation stating I allegedly lawfully owe a debt operating under the name CAPITAL ONE or I do not believe there has been an established KNOWN agreement and believe nothing exists. 
For The Record and Let This Record Reflect, So as of now I am sending out to your organization corporation this AFFIDAVIT OF FACT AND TRUTH - Statement of Bill Protest on Alleged Debt Owed & The Reporting of Such Alleged Debt To The Credit Bureaus, Thus I am requesting that you provide the following information ; until this protest of this alleged debt owed can be proven that this alleged so-called validated information is in fact reporting correctly and not violation Title 15 U.S. Code 1692 statues. If you refused to answer back in the allotted Thirty ( 30 ) days of the FDCPA rules and regulations, if unrebutted a Tacit Acquiescence will commence against you and give rise to a civil action against you for several violations of consumer protection and securities laws for fraud. 
Whereas, I of age, of majority, give this herein notice to all, I make a solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : If you disagree with my determination, I will expect you to document your position and authority with a counter affidavit point by point to the following expressed truths below : PLAIN STATEMENT OF FACTS Notice, it is a Fact, that, I, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. 
Notice, it is fact, unless CAPITAL ONE can provide a policy or state law which shows that the aforementioned policy or state law supersedes federal law, I hereby invoke the law of presumption and invoke federal law in to address the subject matter in the affidavit herein. 
XXXX Envelope ID : XXXX Without Prejudice U.C.C. 1-308.4/Without Recourse U.C.C. 1-103.6 Notice, it is a fact that, I, agent for principal XXXX XXXX am aware that CAPITAL ONE is a debt collector here is the legal definition. Pursuant to 15 U.S. Code 1692 ( a ) ( 6 ), a debt collector is any person who uses instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. See Exhibit ( A ) Notice, it is a Fact, that, I, agent for principal XXXX XXXX and affiant, has received a statement including the subject matter of an attempt to collect an alleged debt for the Account number ending in XXXX Notice, it is a fact that, I, agent for principal XXXX XXXX and affiant, have reason to believe and do so believe, I the consumer, owe no such alleged debt ( s ). 
Notice, it is a Fact, that, I, agent for principal XXXX XXXX and affiant, am disputing this alleged debt, invoking my specified remedy as original creditor pursuant to 15 U.S. Code 1692c ( c ) ( 2 ) and pursuant to 15 U.S. Code 1692c ( c ) I demand you to cease any communications and collection activity of this alleged debt until you can provide me with the requested information in this affidavit herein. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX and affiant, has reason to believe and do so believes, in order to assess your proof of claim in association with this alleged debt all documents requested in this affidavit must be given to I the affiant in order to establish proof of claim that an alleged debt is owed. intro/introduction law of presumption/ federal law supersedes state law owes no debt cease and desist proof of claim, return all documents. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX demand a full file disclosure in pursuant to 15 U.S. Code 1681g and all other documentary evidence, including books of account, both journal and ledger in accordance with 15 U.S. Code 44 and IRS publication 583 including any and all accounts made using my intellectual property, my signature, associated with this account, so be it. Without this I can not verify any valid claims of alleged debts in the name of the principal obligor. See Exhibit ( A ) Notice, it is a fact, that, I, agent for principal XXXX XXXX demand a statement under penalty of perjury stating that the bank in fact loaned the associated debt money from their own assets in order to verify there is in fact a proof of claim of this debt. Without this I can not verify any valid claims of alleged debts in the name of my principal obligor. 
Notice, it is a fact, that, I, agent for principal XXXX XXXX and affiant, has reason to believe and do so believes, without all requested documents in the affidavit herein there can be no proof of claim by CAPITAL ONE and CAPITAL ONE would be liable for creating a false and deceptive form under 15 U.S. Code 1692j. See Exhibit ( A ) Notice, it is a fact, without an affidavit response with rebuttal, point for point, then I am conditionally accepting your non-reasonable response, as frivolous, and you agree to fault judgement in the favor of interest of I the consumer, holder in due course, attorney, and administrator in fact as an unrebutted affidavit stands a truth in commerce. 
XXXX  Envelope ID : XXXX Without Prejudice U.C.C. 1-308.4/Without Recourse U.C.C. 1-103.6 Fact 1 : I have not seen or been presented with admissible evidence which demonstrates that XXXX XXXX owes an alleged debt in the state in which the company itself resides and it is not required to adhere to Title 15 U.S. Code 1692b ( 2 ) and Title 18 U.S. Code 241, and I believe that none exists.

Fact 2 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE HAS NOT practiced abusive, deceptive, unfair debt collection practices and is not required to adhere to Title 15 U.S. Code 1692 ( a ), and I believe that none exists. 
Fact XXXX : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE was given prior consent to communicate with me ( communication means any medium including credit reporting agency ), HAS NOT communicated with me at hours and times not conducive to me and is not required to adhere to Title 15 U.S. Code 1692c ( 1 ) and Title 15 U.S. Code 1692c ( a ) ( 1 ), and I believe that none exists.

Fact 4 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE HAS NOT used the profane language This Is Communication From A Debt Collector or the like/similar on mailed communications with me, HAS NOT put their logo on mailed communications with me that cause me mental anguish and not required to adhere to Title 15 U.S. Code 1692d ( 2 ), and I believe none exists.

Fact 5 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE has sent me, the consumer, initial written communication of the alleged debt, that the alleged debt will be reporting on my credit report and not required to adhere to Title 15 U.S. Code 1692e ( 11 ), and I believe none exists. 
Fact 6 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE is not required to adhere to Title 18 U.S. Code 241, and I believe that none exists.

Fact 7 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE is not required to adhere to Title 15 U.S. Code 1681o, and I believe that none exists. 
Fact 8 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE has properly validated this alleged debt by providing copies of actual accounting, providing a signed INVOICE, a copy of a contract binding both parties ( me and you ) with wet ink signatures and not required to adhere to Title 15 U.S. Code 1692g, and I believe that none exists.

Fact 9 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE WILL NOT be harmed in any way by ceasing and desisting collection activities, and believe none exists. 
XXXX  Envelope ID : XXXX Without Prejudice U.C.C. 1-308.4/Without Recourse U.C.C. 1-103.6 Fact 10 : I have not seen or been presented with admissible evidence which demonstrates that CAPITAL ONE HAS NOT caused me financial injuries, damages, mental anguish, and losses due to your violation of my privacy rights and doesnt have to adhere to ALL LAWS AND STATUTES of the Fair Debt Collection Practices Act, and I believe that none exists. 
UNDISPUTED CONCLUSIONS Title 15 USC Chapter 41 Consumer Credit Protection Subchapter III Credit Reporting Agencies 1681 is an act of Congress designed to protect natural persons ( 1692a says that the term consumer means any natural person obligated or allegedly obligated to pay any debt. ) from abusive collection agency practices. 
NOTICE Notice to the Agent is notice to the principle. 
Notification of legal responsibility is the first essential of due process of law. XXXXXXXX XXXX 
XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX. 
Your silence stands as consent and tacit approval to this regard. If no rebutted reply point by point is delivered within 30 days you are agreeing to the foregoing and are legally estopped pursuant to : XXXX XXXX XXXX, XXXX XXXX XXXXXXXX, XXXX, silence activities estopped. 
I hereby reserve the right to make amendments to this document as necessary in order that the truth may be ascertained and justly determined. 
If any living body has information that will controvert and overcome this Declaration please advise me in writing by counter Declaration in affidavit form within 30 days form receipt thereof proving that this Affidavit is substantially false. 
XXXX  Envelope ID : XXXX Without Prejudice U.C.C. 1-308.4/Without Recourse U.C.C. 1-103.6 I, the undersigned, do herewith declare, state and say that I am competent by stating the matters set forth herein and that the contents are true, correct, complete, and admissible as evidence, and not misleading by my best knowledge and belief.

This document may be recorded and may be used at the discretion of its issuer under Rule 902 of the Federal Rules of Evidence including the jurisdiction of the State of FLORIDA and the United States of America Reminder : This letter is meant for the CEO and no other person is permitted to answer this matter. Any effort to do so will be considered mail fraud and tampering with the mail which also holds possible imprisonment and fines per Title 18 U.S. Code 1701, Title 18 U.S. Code 1702, Title 18 U.S. Code 1703, and Title 18 U.S. Code 1708. Anyone who tampers with this mail other than the CEO or acting CEO of this corporation will also personally be named in the lien with the U.S. Treasury. 
My authority for making this demand for verification of your authority has been well established as follows : " Whatever the form in which the Government functions, anyone entering into an arrangement with the Government takes the risk of having accurately ascertained that he who purports to act for the Government stays within the bounds of his authority ... and this is so even though, as here, the agent ( s ) may have been unaware of the limitations upon their authority. '' XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX at XXXX ( XXXX ). 
Should you consider my position in error, please respond within the next 30 days with your reasons why. You have 30 days to respond to the correspondence or you and your company will commit fraud. 
A claim can be satisfied only through ( a ) a rebuttal by counter affidavit point by point ; ( b ) resolution by a jury; or ( c ) payment ( payment means the amount on the tender that was sent to your company ) Thank you for your cooperation and attention to this matter.

Company response to consumer: Closed with explanation