Consumer complaint received 2021-04-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OR
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Consumer Finance XX/XX/XXXX Bank Complaint Capitol One Banking In XX/XX/XXXX I called Capitol One and asked them if I could deposit into my account some unemployment checks of my boyfriends because he had lost his I.D . they said it was fine if he signed the check and wrote pay to the order of XXXX XXXX, and I signed it and wrote for mobile deposit. I made 17 deposits like this and gave him the money until he opened his own account at Capitol One. On XX/XX/XXXX I checked my account and I was {$410.00} overdrawn in my checking account. The bank entry said Adjustment Debit -Adjustment to correct error and {$600.00} was removed from my account. 
I made the first call of 39 calls I have made to Capitol One. I was told so many different things as to why this money was removed from my account, from the beginning Capitol One kept telling me they would expedite this issue and I would hear back from them in 2 days. Then they said I would hear from them in 20 days because they had to investigate. This list is some of the explanations I was told by Capitol One. 
1. I was not supposed to deposit a check made out to another person.

2. The FDIC had flagged the check because it was signed over to me.

3. That the bearer of the check had went into XXXX Bank and cashed it. 
4. It was my fault because I was to destroy the checks after they cleared my account. 
5. That someone walked into XXXX with the paper check and cashed it. 
6. That XXXX had presented the check for payment before Capitol One. 
7. That since XXXX had the real check Capitol One had to give the money to XXXX. 
This is what I know for a fact, I mobile deposited a State of Oregon XXXX Department XXXX made payable to XXXX XXXX XXXX for {$600.00}, check number XXXX, on XX/XX/XXXX. 
The check cleared my account a few days later around XX/XX/XXXX. The check was then cashed at XXXX Bank on XX/XX/XXXX. I went to XXXX Bank and was told there was 3 of these checks a person mobile deposited into their account. I got copies of these checks from XXXX Bank and compared them to the copies of the checks I deposited into my Capitol One account. Clearly, they have been altered from when I deposited them 30 days before. They were mobile deposited by a person named XXXX XXXX. I was very confused how this could have happened that one of these checks XXXX got paid for and the money taken from me. I continued to call Capitol One every couple days, my boyfriend called with me a few times and also spoke to them telling them he had signed the check over to me for deposit on XX/XX/XXXX and I deposited them on XXXX of XX/XX/XXXX. We asked Capitol One how this could happen over 30 days later, and we would get a variety of answers. The issue is after repeated calls and my own visits to XXXX Bank I found the answer how this happened. Capitol One for some reason had not presented the check for payment, so when fraud person ( XXXX XXXX ) made a mobile deposit into her account 2 of the checks showed they had been deposited prior and one check went through. Capitol One took this money from me because they had not presented that check for payment until after XX/XX/XXXX. That is not the normal procedure for any bank to wait that long before presenting a check for payment, and that is not my fault and I should not be the one who is penalized and out the money. I have been lied to by Capitol One when I was told it was because they walked into the bank with this altered check and cashed it, and all the other false reasons they gave me. One employee told me the truth, which was that XXXX presented the check first, then lied and told me that it does not matter how long after you make a mobile deposit if someone takes the actual check into a bank that supersedes a mobile deposit, and they take the money from the person who made the mobile deposit. Putting together all that I was told by the many Capitol One supervisors and XXXX Bank I was able to piece together what happened. Capitol One had not presented the check for payment, not sure why but they failed to get paid for that check, so XXXX got a mobile deposit from XXXX XXXX and one check cleared as not previously being deposited. Capitol One finally between XXXX XXXX and XX/XX/XXXX, presented this check for payment and it was already cashed by XXXX. How can this bank or any institution wait this long before presenting the check for payment and then taking the money from their customers? They have been extremely negligent as a bank by not presenting a check deposited in a timely manner, and every person I talked to had a different story. The guy from their fraud department who gave me their final decision of not giving my money back started the conversation out by stating, their decision was based on the fact that I was not supposed to deposit a check that was signed over to me. I also asked Capitol One in XXXX if it was okay if my account was negative while we figured this out, I was told it was fine. I then made a deposit into my savings account and they took the {$440.00} from my savings to make my checking account not negative, which makes the total amount taken from me {$1000.00}. I am sending copies of checks and XXXX XXXX information. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Or XXXX XXXX XXXX, Or XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation