Complaint Review: CAPITAL ONE BANK

THIS IS THE LAST LETTER SENT TO CAPITAL ONE IT EXPLAINS IT ALL.

Attention Disputes Department:

Thank you for your recent response regarding my credit card account.

I strive to be an excellent customer and expect nothing less than a satisfactory resolution in my dispute. However, I do believe your current operating procedures were NOT followed correctly, and therefore I do believe you have the capability to intervene in this instance. Please allow me to explain more fully.

On May 15, 2008 I contacted Capital One Services after being made aware of the charge from Nostalgia Oak Warehouse on my Capital Statement. I spoke with one of your representatives and explained the situation.
The situation was as follows:

I recently purchased a home and had to fully furnish the house. On March 17, 2008 my grandmother and I went furniture shopping in hopes of being able to find the furniture needed so we could celebrate Easter Sunday In our new home. We ended at Nostalgia Oak Warehouse located in Englishtown, NJ. As I picked out the furniture I liked I asked if the furniture could be delivered no later than Saturday March 22, 2008. The sales rep stated if the items I want are in stock in there warehouse or if I want to purchase items off of the show room floor then I could have the merchandise delivered on Saturday March 22, 2008. My grandmother and I wondered around with my 6 year old daughter, 1 year old son and my 4 week old daughter. I picked out the items I was interested in however with my kids not behaving to well I opted to return later with my boyfriend (whom was the one with the cash). My boyfriend Derek and I returned to Nostalgia Oak Warehouse later that day, I showed Derek all the items I liked and he told the sales woman if you can sell me everything for $7000.00 cash we will take everything my girlfriend just picked. The saleswoman crunched numbers and Derek decided to leave a few things out like an extra dresser and a rocking chair. Finally, it was almost 7:00 pm (Nostalgia Oak Warehouse closes at 6:00pm) the saleswoman came to a purchase number that she and Derek could agree on. Derek had figured out the budget for everything with the house, so the allotted budget for furniture was $7900.00. The total agreed price of the furniture was to be $7890.00. Derek handed over $500.00 cash (I was carrying it in my purse due to the fact Derek did not have any pockets.) From there the sales woman photo copied the top copy of the invoice she had barely started filling out. This was so Derek could have a receipt with the deposit amount and the selling price as proof he gave cash due to the fact the store was closed.

The saleswoman stated it would take her to long the complete the itemized receipt however she would have it available when Derek returned with the remainder of the cash on 3-18-08. Being as it was so late the saleswoman was basically pushing us out the door. As the sales woman quickly entered the total sales prices on the receipt she stated, the kitchen table you are purchasing only has with 5 stools it is supposed to have 6, I cannot add the stool to the cash price, at that time the saleswoman stated that she would have to take a credit card to pre-authorize my card for the merchandise because the item had to be ordered. The saleswoman stated, I know you guys want to pay cash so I will not charge the credit card I will just assume a pre authorization for the amount of the stool. But I will change the balance do to $7311.00 it seemed harmless not as though I believed I was actually being charged. This was all on the evening of 3-17-08. Then on 3-18-08 Derek went to Nostalgia Oak Warehouse where he paid the remaining balance of $7311.00 cash. The payment of cash was noted on the same receipt from the previous evening. Then the representative had Derek sign the itemized invoices, where all of the model numbers were filled in. Knowing Derek had the cash receipt in his possession he was not too worried about their forms. However at that time no prices were entered/ no totals were entered, so therefore Derek wrote Paid In Full at the end of his signature. The top of the invoice was circled cash so as far as he saw the transaction was fine. On 3-22-08 Nostalgia Oak Warehouse delivered the furniture and this is where the headache began, after several days/ weeks of arguing and waiting for new furniture that never came or came and was refused because it was refurbished furniture, I received my Capital One Bill, that is when I saw the charge from Nostalgia Oak Warehouse in the amount of $5000.00 (I nearly died) assuming it was an error by Nostalgia Oak Warehouse I immediately called Nostalgia Oak Warehouse. Just as the run around they had been giving Derek about the furniture they started the same lies about the credit card charge, no one is present that is authorized to handle these transactions, Owners are away in Florida, have to talk to Mario, he is at another store. Finally I had enough and called Capital One Disputes Dept, and this is where I was misled by a Capital One Representative. Derek was currently disputing the damaged merchandise with Nostalgia Oak Warehouse; before I was ever made aware my Capital One Credit Card was charged $5000.00.

It has been stated from Visa USA, and several of your representatives that Capital one worked the case incorrectly and in the wrong way from the beginning. The Capital One representative that originally filed the dispute claim advised me to file the claim as damaged merchandise, and to never mention the furniture was paid for by other means. I followed the Capital One representative's advice, being as I have been in great standing relations with Capital One for several years; I was led to believe Capital One would have me as their customer in their best interest. The Capital One representative was fully aware that cash had been paid for in full by Derek Jones. Please note nowhere does it break down that the cost of the dining room set was $5000.00. The representative filed the dispute in the amount of $5000.00 because she was aware that the Nostalgia Oak Warehouse upon the credit card transaction had gained an extra $5000.00 on top of the original monies of cash paid to them. I was not even considered the purchaser of the furniture until this dispute. Derek was the purchaser leaving the reason the invoices are in his name. However, the Capital One representative failed to advise me correctly, leading me to believe she could have this whole situation handled within 30 days and that would then allow Derek Jones to seek legal actions through the courts for the damaged merchandise. The next Capital One Representative also falsely advised me. I had called Capital One to request a 2nd chargeback, signature retrieval requests and that my dispute is sent to arbitration. I was advised I had to close my card and file a full new action through the fraud department. I once again followed everything the representative told me to, and I never received the retrieval request, nor was my dispute sent to arbitration.

Capital One keeps advising me they must follow federally mandated laws and abide by the VISA Agreements, I have read through several of these user agreements and federally mandated laws and I am able to find numerous laws that Capital One and Nostalgia Oak Warehouse have violated however I have not been successful in finding the laws allowing deceit, fraud, misrepresentation, lying, theft and misleading a customer to be legally allowed by either the federally mandated laws or the VISA user agreements. May be a Capital One representative can help clarify in a letter where I can find these actions to be legally allowable end enforceable actions performed by Capital One?

Also VISA claims customers have Zero Liability for unauthorized charges. VISA agrees the $5000.00 charge was unauthorized. Is there a reason Capital One has not proceeded with the Zero Liability Claim?

Whatever the invoices state as far as return policy, should have had no bearing on the dispute if Capital One representatives had initially filed the dispute correctly under Paid by other means. Not damaged Merchandise.

I have had the Police Department, and the Military Criminal investigation Department also working on this case and the deeper I get I repeatedly get told the easiest way to rectify this situation is through Capital One. To my best understanding Nostalgia Oak Warehouse will be charged with Theft by deception, and fraud, among a few other charges. Nostalgia Oak Warehouse stated to the Officer investigating this case that they could not provide a signature,
Because the credit card charge was authorized on 3-20-2008 over the telephone. Nostalgia Oak Warehouse also told the Officer the charge was for invoice 434312, the stool Item number.

WODFT55024F. There is no record of confirmation of a telephone call to or from Nostalgia Oak Warehouse on 3-20-2008. The credit card was presented for the pre-authorization to order the stool on 3-17-08, in the amount of $84.53. That was pre-authorized do to the fact it had to be ordered. However Nostalgia Oak Warehouse did not charge the credit card on 3-17-08. Upon the Military CID investigation it was pointed out to me that the totaling of the invoices is not even correct, and Nostalgia Oak Warehouse never even charged for the stool. The stool was the only piece of merchandise that the credit card was given for. However, I was under the assumption that Nostalgia Oak Warehouse was just pre-authorizing the card in the amount of $84.53 to verify funds were available, that is why I was not expecting something to sign
On 3-17-08 and it did not make me curious that I did not sign anything on 3-17-08. Our budget for furniture was $7900.00 as you can clearly see by Derek Jone's cash withdraw slip that I have submitted numerous times.
ATTACHED PLEASE FIND THE BREAK DOWN, OF HOW NOSTALGIA HAS COMMITTED FRAUD.

Your representative has confirmed that Capital One has spoken with the investigating Police Officer and verified that Nostalgia Oak Warehouse requested my credit card for the stool, and nothing else. The cash was paid and the balance due was $84.53. Nothing and or no one authorized the credit card charge of $5000.00 on 3-20-08. The merchandise was paid for in full before 3-20-08.

Also because I did receive you response dated July 25, 2008 generated July 26, 2008 and you resent the same letter dated July 25, 2008 generated on August 8, 2008
Reading as follows, we found that when you signed the sales invoice you were made aware all sales were final. The Investigating Police Officer has validated my statement that there is no signature. In Capital One's letter it states YOU, referring to myself Tamara Linke. It does not state her, him, brother, sister, or an authorized user, as the Capital One letter signed from Joel it states YOU. Investigating officer has verified this is a false statement from Capital One, and he has verified this is why my requests for signatures obtained have been denied by Capital One. Also I have been informed that being as the transaction for the stool was never processed to my Capital One Card, this releases me liable from the charge. The whole purchase of furniture transaction of cash was between Derek Jones and Nostalgia Oak Warehouse. The only purchase I participated in was the stool. If I was married this would be a whole different situation, marriage binds a couple to both be responsible parties in such purchase transactions, however by only boyfriend and girlfriend I am not liable. By the federally mandated laws I can only be a witness to any of the motions/claims filed with the courts by Derek Jones, due to the fact we are not married and the full transaction is in the name of Derek Jones and the cash he paid with was withdrawn from his account.

Please also note in the last letter I received from Capital One Financial Services, dated September 10, 2008 generated September 11, 2008, it reads because we did not receive your response to our request for proof of return of the merchandise received by the merchant by July 30,2008: we have exhausted the time frames. This is not true and accurate information. And now Capital One has deviated from admitting you verified signatures, to no response from customer. I had also requested this case be sent to arbitration, but true to my belief that has never been enforced by Capital One Services.

I do not feel you have exhausted your highest ability to reconcile this case on my behalf. I am requesting you evaluate you employees and how they have misled me to believe they were helping me resolve this severe issue when in all actuality they were not helping me they were guiding in the wrong direction, never with the intent to help reconcile this issue.

I do feel Capital One has further recourse it can take on my behalf and I ask you to please follow through and look at this case.

Please do not try to again apologize for the severe inconvenience and frustration this situation has caused me, I have never had to dispute a thing, I pay my bills, before they are even due, I thought when Capital One was calling me with offers, and incentives in the mail that Capital One actually valued me as a customer. I was led to believe you did provide me and my family quality products, and I had even referred 2 family members, and 4 friends to enroll with not only their car loans, but there mortgages. I can assure you if this is the service I have received over a $5000.00 unauthorized charge (that was paid by cash) not in my name with no signatures than I surely would not want my friends to be subjected to a company that has no value for their customers. I will make my family members aware that the correct route may not be to go with Capital One for a mortgage of $980,000.00.

Again Thank You, for your compassion and time, I know how much you look forward to providing me quality care by how many time your representatives hang up on me, and refer to me as a black woman. (I am Caucasian).

I anticipate your help in promptly rectifying this situation.

Scrwdbycapt1
jackson, New Jersey
U.S.A.

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