We are not responsible if your nancial institution rejects a
payment made using our payment services.
If you ask someone else to make a payment for you, we
may provide that person with limited Account information
necessary to set up and process that payment. We may
also refuse to accept that payment. If we do accept it, you
will be responsible for that payment even if a nancial
institution rejects it.
Payment Processing
We may accept and process payments without losing any
of our rights. We may delay the availability of credit until we
conrm that your payment has cleared. This may happen
even if we credit your payment to your Account. We may
resubmit and collect returned payments electronically. If
necessary, we may adjust your Account to correct errors,
process returned and reversed payments, and handle
similar issues.
When you send us an Item as payment, you authorize
us to make a one-time electronic fund transfer from your
deposit account. You also authorize us to process the
payment as an Item. We may withdraw the funds from
your deposit account as early as the same day we receive
your payment. You will not receive your Item back from
your bank. We will provide additional information about this
process on your Statement.
We may use the information from an Item to create an
electronic image. We may collect and return the image
electronically. This electronic image may also be converted
to a substitute check and may be processed in the same
way we would process an Item. We will not be responsible
if an Item you provide has physical features that when
imaged result in it not being processed as you intended.
How We Apply Your Payments
Your Account may have Credit Plans with different Annual
Percentage Rates (APR). If your Account has Credit
Plan balances with different APRs, here is how we apply
payments in a Billing Cycle:
(1) We generally apply credits and payments up to your
minimum payment rst to the balance with the lowest
APR, and then to balances with higher APRs.
(2) We apply any part of your payment exceeding your
minimum payment to the balance with the highest APR,
and then to balances with lower APRs.
Items with Restrictive Words, Conditions,
or Instructions
You must mail all Items bearing restrictive words, conditions,
limitations, or special instructions to:
Capital One
P.O. Box 1330
Charlotte, NC 28201-1330
This includes Items marked “Paid in Full” or similar language.
This also includes all accompanying communications.
If you make such a payment or send any accompanying
communications to any other address, we may reject it
and return it to you. We may also accept it and process it
without losing any of our rights.
Credit Balances
We may reject and return any payment that creates or adds
to a credit balance on your Account. Any credit balance
we allow will not be available until we conrm that your
payment has cleared. We may reduce the amount of any
credit balance by any new charges. You may write to the
address provided on your Statement or call Customer
Service to request a refund of any available credit balance.
Account Default
You will be in default if:
(1) you do not make any payment when it is due;
(2) any payment you make is rejected, not paid or cannot
be processed;
(3) you exceed your credit limit;
(4) you le or become the subject of a bankruptcy or
insolvency proceeding;
(5) you are unable or unwilling to repay your obligations,
including upon death or legally declared incapacity;
(6) we determine that you made a false, incomplete or
misleading statement to us, or you otherwise tried to
defraud us;
(7) you do not comply with any term of this Agreement or
any other agreement with us; or
(8) you permanently reside outside the United States.
If you are in default, we may take certain actions with
respect to your Account. For example, depending on the
default, we may take the following actions, without notifying
you, unless the law says that we must give you notice:
(1) charge you Fees, or change the APRs and Fees on your
Account, if provided in your
Truth-in-Lending Disclosures;
(2) close or suspend your Account;
(3) lower your credit limit(s);
(4) demand that you immediately pay the total balance
owing on your Account;
(5) continue to charge you Interest Charges and Fees as
long as your balance remains outstanding; and/or
(6) le a lawsuit against you, or pursue another action that
is not prohibited by law. If we le a lawsuit, you agree to
pay our court costs, expenses and attorney fees, unless
the law does not allow us to collect these amounts.
Communications
You agree that we may communicate with you by mail,
telephone, email, fax, prerecorded message, automated
voice, text message or other means allowed by law
regarding your Account.
You agree that we may contact you at any telephone number
(including a mobile telephone number that you provide us),
and use an automated telephone dialing system or similar
device to do so. You agree that we may monitor or record
any conversation or other communication with you.
Credit Reports
We may report information about your Account to credit
bureaus and others. Late payments, missed payments, or
other defaults on your Account may be reected in your
credit report. Information we provide may appear on your
and the Authorized Users’ credit reports.
If you believe that we have reported inaccurate information
about your Account to a credit bureau or other consumer
reporting agency, notify us in writing at Attn: Credit Bureau
Disputes, Capital One, P.O. Box 31293, Salt Lake City,
UT 84131-1293. When you write, tell us the specic
information that you believe is incorrect and why you
believe it is incorrect.
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