Consumer complaint received 2022-02-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
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:
This is NOT a duplicated complaint case! This is a case that Capital One failed to properly process the legally required investigation per 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ). 

Capital One FAILED completely what it is legally required to do in this case per 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, XXXX666 ( a ) ( 3 ) ( B ) ( ii ). Moreover, it failed to prove that the goods were actually delivered, mailed, or otherwise sent to the obligor as it is legally required to do per 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ). 

This is a fraudulent charge by XXXX for items that I never received. Capital One failed to properly handle the timely filed dispute within 90 days per FCBA requirement of 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ). 

Thus, it has forfeited any right to collect from the obligor the amount indicated by the obligor and it is legally forbidden to collect any remaining balance on my account ( 1666e ). 

The response from Capital One is completely absurd and irrelevant pursuant to its legal obligation to conduct the legally required investigation regarding the timely filed dispute pursuant to 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ). 

The fact that Capital One provided a partial credit and/or the merchant provided a partial credit that was totally rejected when it was proposed is completely irrelevant per XXXX666 ( a ) ( 3 ) ( B ) ( ii ) and it does not release Capital Ones legal obligations per 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( XXXX ) to conduct legally required investigation. Moreover, pursuant to FCBA 1666e, Capital One does not have any legal rights to collect any amount of the disputed amount, partial or total, in this case. 

In addition : This is a fraudulent charge by XXXX for items that I never received. Capital One failed to properly handle the timely filed dispute within 90 days per FCBA requirement of 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ). Thus, it has forfeited any right to collect from the obligor the amount indicated by the obligor and it is legally forbidden to collect any remaining balance on my account
( 1666e ). 

The response from Capital One is completely absurd and irrelevant pursuant to its legal obligation to conduct the legally required investigation regarding the timely filed dispute pursuant to 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ). 

The fact that Capital One provided a partial credit and/or the merchant provided a partial credit that was totally rejected when it was proposed is completely irrelevant per 1666 ( a ) ( 3 ) ( B ) ( ii ) and it does not release Capital Ones legal obligations per 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ) to conduct legally required investigation. Moreover, pursuant to FCBA 1666e, Capital One does not have any legal rights to collect any amount of the disputed amount, partial or total, in this case. 

******************** CAPITAL ONE Attn : Billing Inquiries XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX TO WHOM IT MAY CONCERN : I am writing to point out once again the clear errors made by Capital One in handling this properly and timely filed formal dispute as previously stated regarding the charge of {$200.00} by XXXX on XX/XX/XXXX : 1. I properly and timely filed a formal dispute with Capital One on XX/XX/XXXX, regarding the charge of {$200.00} by XXXX on XX/XX/XXXX 2. I did not receive what I ordered at XXXX 3. Capital One failed to properly and timely handle this dispute per the specific stipulations of 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing. 

Per the stipulations as stated in 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, 1666 ( a ) ( 3 ) ( B ) ( ii ) : In the case of a billing error where the obligor alleges that the creditor 's billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination. 

The burden of proof that I received what I ordered is NOT on me but the creditor, Capital One! In this case, Capital One has completely failed to do so and has not provided me with any evidence that the goods were actually delivered, mailed, or otherwise sent to the obligor. 

It is outrageous and illegal for Capital One to request me to the goods were actually delivered, mailed, or otherwise sent to the obligor while the law requires Capital One to do so. 

By law, Capital One should properly investigate and resolve the proper and timely filed dispute within two billing cycles after the dispute was filed, but no later than 90 days. However, Capital One failed repeatedly to promptly handle this dispute and address the problems in a timely fashion as it is legally required to do so. Instead, it tried to lecture me about filing a dispute within 60 days as it stated in the XX/XX/XXXX letter, completely ignored the fact that I HAVE PROPERLY AND PROMPTLY FILED the dispute within days when the problem occurred before the very first statement involving the disputed charge was even sent! 

Consequently, Capital One Bank is responsible for its failure to properly investigate and resolve this dispute within 90 days as it is legally required to do so per the stipulations of the Fair Credit Billing Act ( Public Law 93-495, 161 ) and 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing, including, but not limited to, 1666a to 1666i, after I formally filed the dispute on October 30, 2021. 

Moreover, per the stipulation of 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing 1666e, the Capital One Bank can not continue billing me for the current remaining amount of {$48.00} for my credit account due to its own failure in handling this dispute and it is legally required to fully credit the total disputed amount of {$200.00}, not only a partial credit of {$100.00} for its failure, to my credit card account ending xxxx as previously stated.

Company response to consumer: Closed with monetary relief