Consumer complaint received 2019-08-27
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: Card was charged for something you did not purchase with the card

Complaint:
On XX/XX/XXXX I realized someone was making fraudulent charges with my credit card information. All charges were local XXXX no more than an hour and half from me ) and I still had the card in my possession. I immediately called Capital One and made them aware of the issue. There were 4 fraudulent charges made on my card. 1 of them was a Cash Advance at XXXX for {$2400.00}. This also incurred a {$72.00} processing fee. The other 3 were at XXXX 's XXXX for a total of {$3800.00}. The representative told me he would mark all charges as fraud and send me a new card. 

On XX/XX/XXXX I noticed that the Cash Advance was marked fraudulent but the others were not. I called in again that morning and had a representative tell me she would mark the other charges as fraudulent. I asked her about the {$72.00} charge and she said she would have to transfer me to another department. Once I was transferred, I explained the whole situation again and the representative told me they would not be refunding me for any of the charges because they were not fraudulent. Again, I explained to her that it was not me I was at work the day the Cash Advance happened ( a 50 minute drive from my office ) and was at home with my husband and friends the day the other charges occurred. She all but called me a liar and said it had to have been me because it was chip reader transaction and it was impossible that it was anyone else because the card was in my possession. She told me it would be on me to prove my innocence and suggested I call XXXX to get the proof - otherwise they couldn't help me and I would be responsible for the charges. I have never had an experience like this with Capital One. I have {$0.00} fraud liability as I was told numerous times, yet now I'm being accused of making these fraudulent charges, called a liar, and told I have to prove my innocence. That day I filed a police report and called around to the locations where fraud was committed. XXXX was shocked to hear that I was told I have to handle the investigation and encouraged me to call back because that was absurd. 

Over the next couple of days Capital One made an absolute mess of my card charging me and then crediting me back over and over again and charging me twice for the {$72.00} processing fee. I called Capital One back on XX/XX/XXXX and spoke to a new representative. I asked her about all the charging and crediting back to my card and went through my story again. She told me she showed that all transactions were marked fraudulent and still under investigation. She explained the {$72.00} fee could not be credited back until they concluded their investigation and apologized for the other representative 's behavior. 

On XX/XX/XXXX I received a letter from Capital One stating they concluded their investigation and determined the Cash Advance charge was not fraudulent and that I would be responsible for paying it on my next bill. 

I again waited a few days and decided to call Capital One on XX/XX/XXXX. I ran through the events again with the new representative and she then alerted me to the fact that a replacement card was called in on XX/XX/XXXX and sent to my house. I never called in a replacement card and was never notified ( by email or phone ) that a new card was headed my way. Sure enough I pulled up video camera footage and have proof that someone stole the mail from my house which contained the Capital One replacement card. The representative I spoke to on XX/XX/XXXX made note of this and said she would remark the charges as fraud. 

I am exhausted and tired of doing Capital One 's job for them. It has been 11 days of back and forth with no real answers as to what Capital One will do got remedy this situation. I am very frustrated that it took talking to 5 employees before being notified a replacement card was sent out. I am even more frustrated that Capital One does not have a better system in place to notify/confirm people 's identities and alert them of things like this. Calling the customer on the phone number they have on file to notify them when a replacement card is being sent out, sending an email to the email on file to notify someone, or even putting an alert on the account ( mobile and online ) that a replacement card has been sent out could prevent things like this happening. It should not be on the customer to investigate the fraudulent charges for Capital One.

Company response to consumer: Closed with monetary relief