Consumer complaint received 2023-06-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
My credit card ( Capital One Spark Visa ) is not willing to move forward with a chargeback request under Rule 13.1 of the Visa Chargeback Guide, pertaining to the non-receipt of a service that was promised to me by a merchant. I am seeking resolution and reimbursement for the payment made through my Capital One Visa credit card. 

Details of the Transaction : - Merchant Name : XXXX XXXX XXXX - Transaction Date XXXX XXXX XXXX XXXX XXXX Transaction Amount : {$2100.00} and {$6300.00}. 
- Disputed Amount : Total : {$8500.00} - Case Number : XXXX and XXXX at Capital One - Expected Delivery Date : XX/XX/XXXX I entered into a transaction with the XXXX  merchant for the purchase of wedding photography. The agreed-upon terms included the promise of receiving the service ( i.e., photographs ) by an initially specified timeframe of 6 months from the Wedding that took place on XX/XX/XXXX. As per the vendor ( XXXX XXXX ) and wedding planner ( XXXX XXXX XXXX ) would fall on XX/XX/XXXX. 

On XXXX we had reached out to the Wedding planner ( XXXXXXXX XXXX XXXX ) via text asking about the photographs and she stated she had spoke to the vendor ( XXXX XXXX ) that she was expecting the photos in a few weeks, specifically stating during the month of XXXX as she had literally spoken to them this week regarding date of arrival. 

On XX/XX/XXXX, we had asked for an update and the wedding planner stated, hey photographer said next week. This was the last correspondence we have had with her as she is no longer communicating with us. This also is the last expected date of delivery for services that were prepaid. 

It was not until XX/XX/XXXX, when the vendor ( XXXX XXXX ) reached back to me stating they could not give me the photos because the wedding planner has not paid him in full despite at numerous times claiming she would pay him. She has essentially stolen our money. 

I believe the chargeback time limit should start on the last date of expected delivery which would be XXXX as this is a case in which delivery of goods or services can be reasonable expected after the actual transaction date. 

Per Visas chargeback rules ( 13.1 ) for Services not provided or goods not received, The dispute must be processed either : Within 120 days of the last date the cardholder expects to receive the goods or services ( not to exceed 540 calendar days from transaction ). 

OR Within 120 days of the date the cardholder was informed that the goods/services would not be provided ( not to exceed 540 calendar days from transaction ). 

Regrettably, despite the passage of time, I have not received the service within the promised timeframe. I have made multiple attempts to contact the merchant, but my efforts have been in vain, as they have not responded to any of my inquiries. 

This lack of communication has left me with no alternative but to seek a chargeback through my Visa credit card company. 

As per Rule 13.1, a chargeback is warranted when a service is not provided within the agreed-upon timeframe. In this case, the merchant failed to fulfill their contractual obligation by not delivering the service as promised. I have fulfilled my part of the agreement by providing payment through my Visa credit card. 

Therefore, I request that you hold Capital One Visa accountable in moving forward with the chargeback process to investigate this matter and reimburse me for the disputed amount.

Company response to consumer: Closed with monetary relief