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  • Report:  #689299

Complaint Review: Capital One Bank N.A.

Capital One Bank N.A. Capital One Losing deposit items, opening loans in my name, making unauthorized loan payments and debits from my accounts and then violating FDIC Regulations regarding consumer protection procedure AND NOT return New York, Nationwide

  • Reported By:
    Brett — New York New York United States of America
  • Submitted:
    Tue, February 01, 2011
  • Updated:
    Tue, February 01, 2011

In the last month, capital one Bank has lost or stolen $14,000 of my money plus charged me more than $600 in insufficient funds and overdraft fees + ignored identity theft. A letter that arrived from capital one Bank on November 24 congratulating me on opening my new account. While I do have bank accounts with capital one Bank, I have not opened any new accounts since June of 2010. This letter concerned me, and so I immediately took it to my branch and send it in to the customer advocacy department so that they could investigate it. They did not take the investigation seriously and dropped the ball after they didn't find any explanation. Next, on December 2 I deposited a check into ATM at capital one branch for $10,000. That check was lost and vanished from my account the very next day. I reported it lost on December 5 at the branch and they told me they would take care of it. owever, they neglected to tell me that the proper course of action is to fill out an official investigation, get a case number and received a provisional credit within 10 days if the check could not be found in that period of time. Instead, they took my ATM receipt for me, did a search for the check on the date I mentioned and when they didn't find it, they just stopped looking. They didn't notify me, they didn't do anything. Almost 2 weeks later, when I hadn't heard from them and I couldn't reach anyone, I called the claims intake department at capital one and they explained to me that they need to file an official claim. I gave them all the information they needed, but unfortunately no one at capital one actually knows what they're doing so they miss filed the claim two separate times as a debit card disputes i.e. charges to my debit card that I did not authorize. Only on December 21 when I still had not received the provisional credit I was told would be issued by December 20, did I call in and discover the mistake. Finally,the claim was properly filed on December 21 under claim number 201-009-0279. I was told at that time that a provisional credit would be issued within 3 to 10 daysand I was promised that I would receive a provisional credit by December 27 due to all the troubles I had had resolving this issue. I have recordings of all the phone calls related to this where I have one representative after another promising the resolution immediately. Finally on December 27 after I publicly complained about capital one on twitter, a representative from the executive complaints division named Sonya Smith contacted me. Within one day she was able to get the credit for the $10,000 check issued to my account. Due to the other $4000 that was debited from my account for a capital one loan payment, she also advised me to transfer the money immediately to one of my other checking accounts. However because she issued the credit incorrectly, the very next morning on December 21 my accounts were overdrawn by more than $12,000. You see she had issued a credit to my available balance, but the official credits processed into the account as line items would not appear for another day. This large overdraft caused the fraud and risk department to freeze my account denying access to all monies whether or not they were related to this issue. By December 22,my accounts were once again positive in balance at this point, showing a combined total balance of about $9000. However the risk department refused to release the hold, Sonya Smith placed a note in my account stating that no other capital one representatives were to speak to me other than her, but I am unable to get any information about the status because Sonya Smith herself will not speak to me. She ignores my e-mails and my phone calls and in doing so is in violation of federal law which states that banks must grant a customer provisional credit within 10 days of when an ATM claim is filed even if they have not yet determined the cause of the error. They then have up to 45 days to finish their investigation.

Capital one must immediately allow me access to my money so that I can exercise my rights, remove my money from my bank accounts, close those accounts and take my business to another bank. Banks are supposed to protect our money, and in the last mont capital one has lost $14,000 of mine. They have done this through negligence, through the improper training of the representatives, and by simply not caring about their customers well being. I gave them one full month to discover the source of the new account that was opened in my name and they did nothing about it. In that time the new account appeared on my credit report, and the person who opened the account in my name was able to pay the fraudulent loan using $4000 from my checking account. Capital one has yet to determine the source of that $4000 payment, or the location of the loan in my name. I have been told by more than one representative I would receive a call back on the matter and every time they fail to call. Even the representatives in my branch have missed every deadline and broken every promise and law imaginable. Not only do I want my $14,000 back, I want back the 100 points that my credit has been damaged by their negligence. I want back the $500,000 in business I lost due to the checks and credit card payments that bounced when they lost my $10,000 and then subsequently told me that it would be replaced within a few days, and then moreover froze my account's preventing any of the charges I attempted to repay once they had credited my account for $10,000 from going through. This further damaged my reputation and ensured that clients who I have been working to develop a relationship with for months will never again do business with me. They have ensured that my credit card companies will never again issuing a credit line increases damaging my purchasing power for myself and mybusiness. Not that it matters much any more since my vendors no longer trust me and are considering no longer doing work for me. They have ensured that my leasing company for my office computers now believes I'm a delinquent and has begun procedures with a collection agency to recover their money and that even my local deli doesn't trust me. They have caused me massive personal and financial damages and even if I am able to recover my money within a reasonable time frame (which is no longer possible since it has been missing 60 days already), I will never be able to recover my reputation, good credit, and good standing with my vendors and clients.

 

1 Updates & Rebuttals


Robert

Irvine,
California,
U.S.A.

Confused

#2Consumer Comment

Tue, February 01, 2011

Your report is hard to understand, and there are several things that appear to not make sense. As I see a lot of "problems", but can't really tell if you have done anything but complain to the bank.

If I am reading this correctly one issue is that you are claiming Identity Theft. Did you file a police report? If you have not, why not? Have you notified the Credit Reporting Agencies to have them put a Fraud Alert on your credit report? The police report would be additional proof for the bank, and the fraud alert would be more of a security issue so that you can't have any more accounts opened without you knowing.


The next thing you are saying is that because of this Identity Theft someone opened up a loan in your name. This is something that could happen, but then you claim they made a payment. Criminals DON'T make payments. So not only would you have a very considerate criminal, but one who not only knows you have a Capital One account but what that account number is. This is not very likely.

Then there is a check that was lost. Did you at any time contact the company that wrote you the check to see if it was in fact cashed? If they can show it was cashed it should be pretty easy to get a copy of that for you to show Capital One. If it wasn't cashed then they can stop payment onthat and issue you a new one.

It also appears that you are referencing Regulation E in the dispute. But then you are talking about the business you have lost, and the amounts make this appear as if it may be a "business" account. If this is a business account then Regulation E does not apply, as that is for "consumer" accounts. But if this is really a personal account, what does this have to do with you loosing your business reputation and have your leasing company think you are delinquent for your office computers.

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