Consumer complaint received 2024-12-22 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH

Complaint narrative:
I, the consumer d/b/a- XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX I have reclaimed the principal security interest, by ways of novation 's and notice to claims to the principal 's security interest- to transfer the principal 's security interest to the principals account for set off. Capital one Bank is refusing to credit the account with the interest owed to these accounts. I have been returning the fully indorsed bill of exchange along with my claims to the principal 's security interest in letter form, also sending capital one a power of attorney making the bank aware the agent has the authority to transfer the principal 's security interest for set off. I have been in contact with the call center, I have mailed a number of letters to capital one bank XXXX XXXX XXXX Capital One Bank XXXX trying to resolve this issue, but capital one bank is absolutely refusing to credit the principals account with the interest owed to the account. stating the consumer needs to send money to satisfy these accounts. 18 USC 8 states the bill of exchange is the same as united states dollars. Capital One Bank wants me to make overpayments to these accounts as per 15 USC 1615 states. as the consumer I know this account was pre-paid as per the Federal Reserve Act section 16 states, 18 USC 8 states the bill of exchange is the obligation of the United States also an acceptable form of payment. the bill of exchange act states the only way to pay a bill is with interest via a bill of exchange. Capital One Bank has refused to credit these accounts with the bill of exchange and Capital One Bank has now filed a Lawsuit against the consumer stating non-performance. As the consumer has been performing since XXXX of XXXX. Capital one Bank has made a claim in the XXXX XXXX XXXX, XXXX Ohio XXXX Case No. XXXX claiming the Consumer owes {$7600.00} as a result of non-performance. as the consumer has been performing since XXXX of XXXX  by way of the bill of exchange. Capital One has refused to credit the account with the principal 's security interest owed to the account, to set off the account to a zero balance as instructed to do in the consumers payment orders. even though Capital One has not returned to the consumer 1 bill of exchange stating any defect. Capital One has accepted each tender of payment through certified and registered mail. Performance is payment in law and delivery is acceptance. Capital One Bank has closed these accounts stating non-performance and now their suing the consumer attempting to extort the consumer for overpayments.12 USC 1431 states the powers and duties of the banks ; it's the banks job to borrow money and to pay interest not the consumers, the consumers are to perform by way of the bill of exchange. 15 USC 1602 ( g ) ( 2 ) defines the consumer as the creditor. Capital One Bank has damaged the consumers credit rating stating non-performance to all 3 credit bureaus making it very difficult for the consumer to obtain credit and very expensive once credit is obtained. As the consumer I have been following the Law and performing as expected Capital One has not performed as the law states. Also Bills of exchange have also been sent to the Treasury dept for set-off, if these have been paid Capital One Bank , NA. has not credited the account for those bills of exchange sent to the UNITED STATES TREASURY DEPT, REMITTANCE OFFICE. those also haven't been credited to these accounts.

Company response to consumer: Closed with explanation