Coupon Money Order Letter (Cap1)

____________________Sotelo-Rodriguez, Maria
February 8, 2023
Dear Capital One Bank:
Instructions and Processing:
This letter is to inform you of the payment instrument that was mailed out to you on February 8 th,
2023. Enclosed in that envelope is the remittance coupon you sent me, which I have accepted for
value, consideration, and honor according to the Uniform Commercial Code and returned to you
in good faith as tender of payment of the balance currently on my account, in the full amount of
$1555.00 (One Thousand Five Hundred Fifty-Five Dollars and 00/100). After deposit of this
payment, please adjust the ledgering of the account for the balance or debt on the account to read
“$0.00.”
This payment is for immediate processing and deposit only. I have mailed this payment to what
is reasonably ascertained to be the correct address, according to my statements and card
agreement. This tender of payment includes a restrictive endorsement, as seen on the front of the
coupon which states: “Without recourse, U.C.C. 1-308,”
Therefore, I have mailed it to the address provided. If, however, this address is not the correct
division or department, please forward it to the appropriate agency or official for immediate
processing. If the appropriate official is unknown, please forward it to the CFO or CEO of
Capital One Bank for processing.
Payment Refusal or Decline:
PLEASE BE NOTICED: Only if this tender of payment is refused by any party on behalf of
Capital One Bank, then pursuant to Uniform Commercial Code §§3-603(b) and 3-311, the
Debt is Discharged, up to the amount of the tender.
U.C.C. § 3-603(b) states:
“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.”
U.C.C. § 3-311 (a) and (b) state:
(a) If a person against whom a claim is asserted proves that (i) that person in good faith
tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of
the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant
obtained payment of the instrument, the following subsections apply.
(b) Unless subsection (c) of this section applies, the claim is discharged if the person against
whom the claim is asserted proves that the instrument or an accompanying written
communication contained a conspicuous statement to the effect that the instrument was
tendered as full satisfaction of the claim.
Billing Error:
PLEASE BE FURTHER NOTICED: Only if tender of payment of this remittance coupon is

refused or declined by Capital One Bank, will they then be in commercial dishonor, and a Billing
error will immediately be incepted as of the date of refusal, due to refusal to accept tender of
payment under U.C.C. §§ 3-603(b) and 3-311. Such a billing error would be pursuant to 15
U.S.C. § 1666, and the Truth in Lending Act (Regulation Z) pursuant to 12 C.F.R. §§ 1026.13
and 1026.13(a)(6).
If such situation of decline or refusal of tender of payment occurs, then based upon the above
authorities:
1) The amount of the instrument in dispute or the balance hereafter owed of $1555.00
cannot attempt to be collected by Capital One Bank from me until resolution of the
billing error;
2) Capital One Bank is prohibited from issuing any adverse credit reports based upon failure
to pay such disputed amount during the billing error resolution process;
3) Closure of the my account by Capital One Bank is prohibited based upon a good faith
assertion of a billing error; and,
4) Capital One Bank must contact me (the obligor) within a reasonable amount of time to
acknowledge that any payment was refused or declined, the reasons therefore, and also to
acknowledge a claim of a billing error has been incepted, and receive further information
from me about the specific billing error that is being claimed for proper resolution.
END.
Thank you so much for your time and help in this matter and I hope you have a great day!
Respectfully,
______________________________
By accommodation: ____________Sotelo-Rodriguez, Maria, Beneficiary
Without Recourse – U.C.C. § 1-308

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____________________Sotelo-Rodriguez, Maria

Dear Capital One Bank:

Instructions and Processing:

Payment Refusal or Decline:

U.C.C. § 3-603(b) states:

“If tender of payment of an obligation to pay an instrument is made to a person entitled to

U.C.C. § 3-311 (a) and (b) state:

PLEASE BE FURTHER NOTICED: Only if tender of payment of this remittance coupon is

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