Consumer complaint received 2018-04-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Problem getting a working replacement card

Complaint:
RE : Capital One breached our contract by refusing to replace my Capital one credit card, which was compromised as a result of fraud.

In XX/XX/XXXX I was rushed to the Hospital due to a life threatening illness. My XXXX XXXX XXXX and I was XXXX   XXXX. I was in the hospital for nearly 3 weeks, released but had to be rushed back less than 2 days later.

While I was in the Hospital, it seems my Capital One credit card was stolen and used between XX/XX/XXXX and XX/XX/XXXX. I was in NO CONDITION to be aware of this. My focus was to stay alive and a majority of the time I was no XXXX, due to all the XXXX.

My Capital One card clearly showed unusual activity compared to my typical useage. Capital Ones security which they advertise as the best in the business. Did not recognize all the unusual activity. But any person looking at the activity from XX/XX/XXXX -XX/XX/XXXX can clearly notice the spending pattern and payment pattern changes.

OnXX/XX/XXXX, as a direct result of the fraudulent activity Capital One closed my account permanently. All they state is a letter the was sent to me. If that letter was sent there it is very likely I did not receive it since I was in the Hospital and then in XXXX  for 6 weeks which ran throughXX/XX/XXXX.

In your correspondence, you also mentioned that you requested a replacement card. Our records show that your account was closed on XX/XX/XXXX, and we sent you a letter notifying you of the account closure. Additionally, we do not have any record of returned mail. Because your account is already closed, a replacement card will not be issued. Ive confirmed that this closure is permanent.

The above correspondence proves Capital One closed my account due to fraudulent activity and this directly contradicts our contract. I requested a replacement card per our contract and Capital One deliberately broke our contract by denying my request.There is nothing in our contract which state Capital One can or will permanently close my account due to fraudulent activity which I am not responsible for. Capital One admits the fraudulent activity which prompted the closure of my account was NOT my fault.

As a result I have no obligation to pay any balance remaining on the card which I believe to be around {$400.00} Please note, your account was closed because the returned payment activity on the account was not consistent with our expectations for account usage and not in line with the terms of the Capital One Customer Agreement. Our records indicate the following payments had been returned XX/XX/XXXX {$480.00} XX/XX/XXXX {$370.00} XX/XX/XXXX {$780.00} XX/XX/XXXX {$190.00} In Capital Ones response Dated XX/XX/XXXX, they admit The fraudulent payments on XX/XX/XXXX, XX/XX/XXXX XX/XX/XXXX &XX/XX/XXXXare the reasons for permanently closing my account.

They also refer to other payments on XX/XX/XXXX, which if I am correct was also flagged as fraud in a previous complaint.

Company response to consumer: Closed with explanation