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  • Report:  #228778

Complaint Review: Capital One Credit Card - Mclean Virginia

Reported By:
- Fremont, California,
Submitted:
Updated:

Capital One Credit Card
1680 Capital One Drive Mclean, 22102 Virginia, U.S.A.
Phone:
800-955-7070
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
I will attempt to complete a timeline for you, as it will make this easier to understand. I will preface this by stating that I have only filed one (1) dispute (for $848.71) with Capital One the entire time that I have had an account with them. Their confusion with their own debiting procedures caused this fraudulent debit and they do not have any documentation or supporting facts to justify the $824.84 debit they fraudulently attached to my account, yet they refuse to credit it back or initiate any action to resolve this tenured fraudulent charge. Essentially, there are two issues (one being my dispute for $848.71, which was resolved, and the other is their fraudulent charge of $824.84) that collided and caused this fraudulent charge (debit) from Capital One. The line items below the descriptions are directly from the downloaded Statements for the corresponding months from Capital One's Website.

- 6/7 purchase made for $848.71 via mail order from oversees merchant with need to convert from Euro to USD; Balance for month was paid in full.

32 6/7/2006 COMERCIO PERSONAL, S.L CACERES ESP Currency: EUR, Exchange Rate: 1.282 Debit $848.71

- 6/27 As I had issue with the purchase, I filed a dispute with Capital One for the entire amount and was issued a credit while they researched the dispute. Balance for month was paid in full.

1 6/28/2006 ITEM IN DISPUTE ADJUSTMENT Credit $848.71

- 8/4 Debit added to account for $824.84. As I received no notification regarding the dispute, it was presumed that Capital One did not find in my favor and placed the debit back onto the account. As this was a transaction that required conversion from EUR to USD, I additionally presumed that the difference in exchange rate explained the $23.87 difference in the amounts; it was not and this is the fraudulent charge added by Capital One that they would not remove Balance for month was paid in full.

29 8/4/2006 ITEM IN DISPUTE Debit $824.84

- 11/06 Statement had another debit amount listed for the original Dispute item dated 6/7. This amount should have been $23.87 as that would be the difference between the $824.84 debited back to the account minus the original dispute amount of $848.71. Balance for month was paid in full.

3 6/7/2006 PURCHASE ADJUSTMENT Debit $848.71

- 11/20 Contact with Capital One's Customer Service and Fraud Investigations began. Each call began with the representative explaining that I initiated the dispute and this is just the outcome of their not finding in my favor. After leading each on through the above scenario, they ALL agreed that it was a mistake, however, none of the representatives were able (or willing???) to reverse/remove the fraudulent DEBIT from my account for the $824.84. Each stated that I had an open dispute on the item (referring to the $848.71) and stated that they could not reverse the debit. Each representative also assured me that they would email their investigations department and have this resolved (each subsequent follow-up call indicates that this was not the case as there were not notes nor indication that any action had been taken.)

- 11/20 the addition of the Item in Dispute + Capital One's annual fee showed the account to be over the limit. Contact was made to inquire about the Overlimit Fee' as one was not shown on the statement. I was assured that there would not be an overlimit fee as the charge was incurred by an internal charge. I again paid the balance listed in full.

- 12/06 a follow-up call was made as to the status of the fraudulent $824.84 charge. The representative showed nothing in their system and I had to explain the situation again. This representative saw the mistake' and went to great lengths to get a supervisor involved with issuing the proper credit/correction to no avail. Again I was assured that the representative was sending an email to the proper department for resolution, as that was the only way to resolve the extra debit on the account for $824.84. This call took over 90 minutes.

- 12/06 I filed complaints with the BBB, FDIC and SPIC as that was the only guidance I could find. I did not contact the AG's office at the time. All were met without resolution at this time.

- 12/14 I was charged the overlimit fee AND there is no resolution with regard to the fraudulent charge placed on the account by Capital One for the $824.84.

17 12/14/2006 OVERLIMIT FEE NOV 15, 2006 Debit $29.00

- 12/18 Contacted Capital One AGAIN regarding the fraudulent $824.84 and the overlimit fee charged to the account. Customer Service issued a courtesy credit for the overlimit fee as I NEVER carry a balance on the account and do not exceed the limit given to me; this has been the case the entire time I've had a Capital One credit card account. They did not honor the fact that their own Customer Service representative informed me that there would not be an overlimit fee. As a follow-up to the fraudulent charge of $824.84, I requested a supervisor/manager and was eventually connected to one. I had to explain from scratch once again the issue at hand and the end result was that they would have to email the investigations team for resolution. I was promised that I would receive notification via mail and resolution would occur within 10 working days.

o To date I have not received:

Official notification via mail

Resolution to the additional $824.84 debited to my account

Any resolution of compensation for overpayment of that $824.84

In summary, on 8/4/2006 Capital One added a fraudulent debit to my credit card account for $824.84. Upon contact with Capital One's Fraud Operations department (11/20,12/06, 12/18), the representatives acknowledge that this was not an authorized charge (debit), yet they are unwilling to issue a credit against the debit. It is listed as an item in dispute, yet it is charged to the account as a debit and no credit was ever issued; $824.84 in Capital One's favor. As I maintain a zero balance with each billing cycle, Capital One currently has an overpayment of the $824.84, however it is not reflected in my account; essentially they have been holding the additional amount without reflecting the additional credit amount on my account. They have $824.84 of my money and will not return it nor post properly to my account stating that they know there is a mistake, but are not authorized (???) to correct the mistake. To date I have spent over six hours on the phone with them with no resolution even though each representative researches and acknowledges the fraudulent charge on my account from Capital One itself.

As the 60-day time frame on the fraudulent charge is nearing, I am amending my complaint to reference only the difference amount. $824.84 of the $848.71 is fraudulent (based on the debit's appearance on my November 2006 statement ending on the 14th of the month) and the actual amount that should have been debited is $23.87 ($848.71-$824.84) not the entire $848.71. The difference owed me by Capital One still remains the $824.84. I have included copies of my downloaded statement that substantiates this claim. Please do not hesitate to contact me should you require additional information.

I am at a loss as to how a credit card company can just add debits to my account without authorization of any sort nor any legal cause to do so. I ALWAYS pay my balance in full, is this their way of profiting from me, as they are not earning interest on my account through finance charges? They even had the audacity to charge then justify the annual fee even with this blatant fraudulent charge to my account. I have been missing $824.84 since this occurred and I know that if I had stolen that amount from them or any other person, I would be facing some sort of criminal charge by now for theft. They are unable to produce ANY documentation that authorizes them to charge (debit) that amount to my account and their unwillingness to resolve the issue has caused me a financial burden that is affecting my ability to maintain my other accounts that rightfully have receivables from me.

Frank

Fremont, California
U.S.A.

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4 Updates & Rebuttals

Frank

Fremont,
California,
U.S.A.
Rebuttal Update

#2Author of original report

Fri, January 05, 2007

It's OK to call on the phone once, but ALWAYS follow up a dispute in writing using the instructions and address on the back of the statement. You still have time because it's been less than 60 days from the disputed $824. Trying to do this business over the phone is not a good idea with ANY company especially a bad one. - I've sent disputes to both of their Fraud Department addresses; Fraud Operations and Investigative services. Also most of the consumer's power in a dispute comes from their right to refuse to repay a disputed charge. Do not pay off disputed amounts. They cannot charge interest or consider you overlimit because of a disputed amount until after they have a good reason to rule it against you. - Unfortunately, the amount ($824.84) is not in dispute according to them. It was never one as I had not file a dispute for that amount until trying to resolve this over the phone with them starting in November. The are unwilling to open the dispute on this amount over the phone which is why I sent them the dispute letter. I would rather pay first than have to deal with their finance charges on my other purchases, etc. Currently I am not being charged finance charges on anything as there is never a balance to charge them to. - It's sad as they know there is a mistake and just won't fix it. I'm hoping the letters to the AG and Comm of Financial institutions will help. If not there must be some recourse as they can't even prove who authorized the charge (no signature, no pos slip, not even a vendor/merchant that is receiving the money, it is just in their coffers.


Frank

Fremont,
California,
U.S.A.
Rebuttal Update

#3Author of original report

Fri, January 05, 2007

It's a little hard to understand just what's going on here. In order to be helpful, more information would be useful. - The only amount in dispute is the $824.84 that they mysteriously added in at C1, not the $848.71 which was a dispute that went nowhere. The $848.71 is not in question as it is resolved (not in my favor, but resolved all the same) Specifically: 1. What did you buy overseas and why did you dispute the charge? - Cigars that were defective/non-authentic. They are not the problem. 2. Was the item delivered? - Yes, they are not the problem 3. Was it returned? - Yes, they are not the problem 4. Do you have reason to believe the original seller has dropped all claim against you? - Yes, they are not the problem As your complaint reads you are out $848.71 PLUS $824.84 for a total of $1673.55. Is this correct? - Just the $824.84. The dispute for the $848.71 was originally debited, credited while they researched and re-debited when they found in favor of the merchant. While that did not work out in my favor, I am not disputing the $848.71 again, just the $824.84 that was placed on the account without reason or cause. Your original assumption that the same charge was redebited to your account twice seems reasonable. If so, it's surprising they didn't easily resolve it. One other thought, is the seller in Europe a reliable company? - It is not the original company involved with anything. Their dispute claim is over and done with. C1 doesn't know who is charging the account, as they are the ones that just added the charge, they only state that it is clearly a mistake, but will not return or correct the posting of the extra debit. Could they be double charging you? - Item is clearly listed as "Item in Dispute" I never initiate a dispute and even if I did, they should have issued a credit against the original charge first, then redebited the account. That did not occur, they just added this extra debit of $824.84 and won't remove or correct it. I hope this helps.


Vince

Carmichael,
California,
U.S.A.
Need More Information

#4Consumer Suggestion

Fri, January 05, 2007

It's a little hard to understand just what's going on here. In order to be helpful, more information would be useful. Specifically: 1. What did you buy overseas and why did you dispute the charge? 2. Was the item delivered? 3. Was it returned? 4. Do you have reason to believe the original seller has dropped all claim against you? As your complaint reads you are out $848.71 PLUS $824.84 for a total of $1673.55. Is this correct? Your original assumption that the same charge was redebited to your account twice seems reasonable. If so, it's surprising they didn't easily resolve it. One other thought, is the seller in Europe a reliable company? Could they be double charging you?


Mike

Radford,
Virginia,
U.S.A.
You must put it in writing to them to have any legal rights.

#5Consumer Suggestion

Fri, January 05, 2007

It's OK to call on the phone once, but ALWAYS follow up a dispute in writing using the instructions and address on the back of the statement. You still have time because it's been less than 60 days from the disputed $824. Trying to do this business over the phone is not a good idea with ANY company especially a bad one. Also most of the consumer's power in a dispute comes from their right to refuse to repay a disputed charge. Do not pay off disputed amounts. They cannot charge interest or consider you overlimit because of a disputed amount until after they have a good reason to rule it against you.

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