Consumer complaint received 2020-03-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
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:
Purchased an air conditioning system from a vendor named XXXX  XXXX  on XX/XX/XXXX in XXXX, XXXX, using my Capital One credit card. Charge was for a complete apartment air conditioning system, with split systems and multiple compressors, total charge of {$3500.00}.

Company was to come to the apartment for a site inspection, and if everything was correct with the site, they would sell the equipment to my contractor who would install the equipment. 

Without my knowledge, they forged a signature on an inspection waiver document, and sold the air conditioning system without verifying this was the correct system. By law, they must do a site visit, or they are not allowed to sell an air conditioning system such as this. 

This was installed in an apartment I was renovating. I did not realize this was an incorrect system until XXXX of XXXX, when the renovation was nearing completion. Two other air conditioning companies inspected the system, and said the one installed was incorrect for the apartment. Both companies recommended removal, with a new system installed. I contacted the original company, and they said that they would not take any system back after one month, and refused to come out for an inspection of the system. I tried discussing with XXXX XXXX about taking back their original equipment for credit towards purchase of a new, correct system. 

As soon as I found out about the problem, I notified Capital One disputes immediately. They opened a dispute and after taking almost two months back and forth, in order to get them a detailed receipt of the original sale, communication log with the original company XXXX XXXX, a copy of the inspection waiver with the fraudulent signature. 

In order to complete the apartment renovation, I hired another company ( since XXXX XXXX refused to take back their equipment. ) This company verified the original equipment was in new condition and working perfectly, documented the serial numbers, and removed all the 5 split units, including all wall units and compressors, and packaged them safely. They provided a letter supporting all this, and the equipment was returned to XXXX XXXX, with photographic documentation. 

All of this was provided to Capital One. I have a valid complaint with Capital One, because the problem occurred at the point of sale. The merchant did not provide what I paid for - an air conditioning system that included a site visit to verify the correct system. When the vendor produced a forged inspection waiver document, that falls within the responsibility of Capital One. 

Capital One requested more and more information from me regarding the purchase, each time taking up to two weeks to provide followup. When they finally had everything documenting what happened, Capital One simply said that at that point, it was beyond their internal dispute time period, and refused to do anything. 

This is completely wrong, since I notified them within a contemporaneous time period, as soon as I found out about the problem. Once the dispute was opened, any time involved with sharing documents back and forth in a complex case such as this ( charge occurred in a foreign country with documents requiring translation ) should not subtract from the time period allowed to submit a dispute. 

Capital One had all the information needed to verify that one of their customers had this happen, with a fraudulent document signed, and with improper equipment sold. Instead of moving quickly to get this resolved with the merchant, and get the charge reversed, they chose to create more and more delays by asking for more information, and then once the information was complete, to simply say that it was beyond VISA time limits. During this time, Capital One dispute representatives told me verbally on numerous occasions that there is plenty of time, and since the case is open, it is active. 

I called VISA and spoke to customer service there. They said that the time frames they suggest are merely guidelines, and it is up to the individual credit card to make their own policies and time schedules. 

There was a fraudulent signature on a waiver form from the merchant, XXXX XXXX. The equipment that I agreed to buy was only if it was the correct size for the apartment, and if it was not correct, should never have been sold. 

The original equipment was all removed and returned back to the merchant. I do not have any of the equipment. 

This charge must be reversed. Capital One should be held responsible for their tactics of delaying and their poor support of their customers in cases such as this.

Company response to consumer: Closed with explanation