Consumer complaint received 2025-03-11 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: LA

Complaint narrative:
THE COMPANY SENT A FRIVOLOUS LETTER TO ME THIS IS MY THIRD COMPLAINT AS I PREPARE FOR LEGAL CONSIDERATION. 

FORMAL NOTICE OF DEMAND TO CEASE UNAUTHORIZED ACH TRANSACTIONS, BREACH OF CONTRACT VIOLATION, AND NOTICE OF POTENTIAL LEGAL ACTION** XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/year> Capital One Bank ( USA ) , N.A.

Attn : Corporate Compliance & Legal Disputes 1680 Capital One XXXX XXXX, VA XXXX Capital One Bank ( USA ), N.A. 
Attn : Corporate Compliance & Legal Disputes XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Account # XXXX Subject : FORMAL DEMAND TO IMMEDIATELY CEASE UNAUTHORIZED ACH TRANSACTIONS & REFUND ALL IMPROPER CHARGES BREACH OF CONTRACT NOTICE & WARNING OF LEGAL LIABILITY** To Whom It May Concern, This is a **formal legal demand** requiring Capital One to **cease and desist all unauthorized ACH withdrawals**, **immediately refund all unauthorized charges**, and **provide written justification** for restricting my account while continuing to collect payments. 

This letter serves as **official notice** that Capital One is engaging in **breach of contract, unjust enrichment, fraudulent misrepresentation, and unauthorized debiting**, all of which violate **federal law, banking regulations, and UCC contract principles. ** If this matter is not resolved immediately, I will initiate formal legal action, file complaints with regulatory agencies, and pursue all available remedies under federal and state law. 

XXXX XXXX XXXX XXXX*LEGAL VIOLATIONS & CONTRACT BREACH IDENTIFIED** XXXX XXXX XXXX XXXX  **1. Capital One Has Voided Its Own Contract by Restricting My Credit Access** - Under **UCC 1-308 and UCC 3-305**, a contract is only valid if both parties uphold their obligations.

- By **restricting my ability to use the credit card**, Capital One has **failed to provide the agreed-upon credit extension**, meaning the contract is now **unenforceable** under banking law. 
- Capital One can not legally demand payment on a financial instrument that **it has unilaterally restricted without cause**.

# # # # **2. Unauthorized ACH Transactions Are a Violation of Federal Law** - Under **15 U.S.C. 1693e ( Electronic Funds Transfer Act - EFTA ) **, any ACH transaction that occurs after the **consumer has revoked authorization** is considered **an unauthorized transfer. ** - I have formally revoked **all ACH authorizations** related to this account, meaning **any further
withdrawals are fraudulent. ** - Continuing to debit my account after restricting my ability to use my credit line is an **intentional violation of EFTA** , subject to **civil and criminal penalties. ** # # # # **3. Capital One is Engaging in Unjust Enrichment and Predatory Financial Practices** - If Capital One **has received full repayment through insurance claims, charge-offs, or tax write-offs**, then any continued collections violate **UCC 3-501 ( Holder in Due Course Defense ). ** - Under **FTC Act 15 U.S.C. 45**, deceptive financial practices, including misleading contract enforcement, are **grounds for regulatory enforcement and consumer lawsuits. ** - **Demanding payment while restricting access to the credit line constitutes unjust enrichment** because Capital One is **receiving a financial benefit without providing the agreed-upon service**. 

# # # # **4. Potential Banking Fraud & IRS Tax Fraud Exposure** - Under **IRS Code 26 U.S.C. 6050P**, Capital One is required to **report all charged-off debts** as taxable events. 
- If Capital One has **written off this debt for tax purposes** but continues to collect payments, this constitutes **federal tax fraud and misrepresentation. ** - If a **1099-C Cancellation of Debt form was not issued**, Capital One may be illegally reporting income to the IRS while simultaneously treating it as a collectible debt.

# # # **FORMAL DEMANDS & REQUIRED ACTIONS** 1. **IMMEDIATE CESSATION OF ALL ACH TRANSACTIONS**- You are hereby **ordered to stop all further withdrawals from my account. ** - Any further ACH deductions will be considered **unauthorized transactions subject to federal banking fraud complaints. ** 2. **FULL REFUND OF ALL PAYMENTS MADE AFTER THE ACCOUNT RESTRICTION** - Any payments debited **after my credit line was restricted** must be **immediately refunded. ** 3. **PROVIDE WRITTEN DOCUMENTATION OF THE ACCOUNT RESTRICTION** - Capital One must provide **a legally binding explanation** for why my account was restricted, including : - The **specific terms of the agreement that allow Capital One to restrict my account but still demand payment. ** - The **full transactional history of all payments received, including any insurance claims or charge-offs. ** - **A copy of any IRS 1099-C filings related to this account. ** 4. **REMOVE ALL NEGATIVE CREDIT REPORTING ASSOCIATED WITH THIS ACCOUNT** - Capital One must **immediately remove** all **negative reporting** related to this account from XXXX, XXXX, and XXXX**. 
- Failure to do so will be considered **willful noncompliance under 15 U.S.C. 1681n**, exposing Capital One to **statutory damages. ** # # # **LEGAL CONSEQUENCES OF NON-COMPLIANCE** If these demands are not met within **10 business days**, I will take the following actions : 1. **File a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) ** under **Regulation E of the EFTA**.

2. **File a fraud report with the Federal Trade Commission ( FTC ) for deceptive financial practices. ** 3. **Submit an IRS Form 3949-A ( Tax Fraud Complaint ) against Capital One for improper charge-off reporting. ** 4. **Report Capital Ones actions to the Office of the Comptroller of the Currency ( OCC ) for violations of federal banking laws. ** 5. **Pursue legal action for breach of contract, unjust enrichment, and unauthorized ACH debiting. ** # # # **FINAL NOTICE** This letter serves as **a formal legal notice of dispute** under **the Fair Credit Reporting Act ( FCRA ), Electronic Funds Transfer Act ( EFTA ), and Uniform Commercial Code ( UCC ). ** Capital One must respond in writing within **10 business days**. 

Failure to respond will be considered **willful noncompliance** and may result in regulatory penalties, legal action, and full enforcement of my rights under **UCC 1-308 ( Reservation of Rights ). ** Sincerely, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation