Consumer complaint received 2022-04-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
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:
My wallet was pick pocketed on XX/XX/XXXX while in XXXX. I did not realize for 3 hours until I went to buy food about 3 hours later and my wallet was gone. I immediately called my bank in XXXX XXXX and Capital One and both told me there had already been charges done at a XXXX XXXX. My bank in XXXX XXXX advised they created a dispute and all funds would be back in my account within 10 days. 

While I had placed a travel alert on my personal bank account to use the cards in XXXX, I had not created a travel alert for the Capital One credit card because I had no plans to use it. I also had a zero balance at that time as the card was only used occasionally. When, it was used, it was paid in full every month. 

Yet, Capital One did not consider this suspicious activity that the card was used for a {$2400.00} purchase and a {$700.00} purchase in XXXX XXXX in XXXX, XXXX. 

In addition, while trying to get these fraudulent charges resolved and after my cards had been blocked, which was done the same day my wallet was stolen, XX/XX/2022, Capital One advised there had been other attempts to use my card in various forms. 

When I contacted Capital One, they said they created a report disputing the charges and to expect something by email as they needed to verify my identity. I received the email and uploaded my passport. After more than a week had passed, I had heard nothing so I called Capital One again. They then told me I needed to upload my driver 's license, which I advised had been in my wallet when it was stolen. The email sent from Capital One stated a FEDERAL or state issued ID was sufficient and I have copies of the emails. I found a copy of my driver 's license and then uploaded that. 

The account was under my mom 's name and I was an authorized user and they asked for my mom 's ID. I had all of her information after her death, so I uploaded that. 

Again, I received no follow up by email or phone from Capital One so I contacted them by phone again. Even though I had uploaded all documents requested, they advised the account was restricted and they couldn't speak with me about it. 

I had also filed a power of attorney with Capital One after the account was opened because I was managing all of my mom 's finances before she passed away. They showed no record of this ever being submitted. 

By this time, after more than 6 calls to Capital One fraud department, no one helped me. Finally, after explaining I needed to resolve the fraudulent charges and how could I get someone to help me since I had told them my mom had died, they transferred me to the Estate department on XX/XX/XXXX. 

Dates of Calls to Capital One XX/XX/2022 XX/XX/2022 XX/XX/2022 XX/XX/2022 XX/XX/2022 XX/XX/2022 XX/XX/2022 XX/XX/2022 I had made the minimum payment due of {$35.00} in XXXX since the dispute had not been resolved and I did not want to have a late payment. 

When, I spoke to the representative in the Estate department on XX/XX/XXXX, he advised he could see what had happened, apologized about the horrible service I had been having with the fraud department and put me on hold so he could get the fraud department to remove restricted status so he could resolve. He reviewed the account, entered notes and said I would be receiving a letter showing the account was closed and he also requested a refund check of the {$35.00} payment I had paid in XXXX. The account representative was XXXX I spoke with on XX/XX/XXXX. 

I called Capital One today, XX/XX/XXXX, to follow up to make sure everything was now finalized as I had received the refund check of {$35.00}. 

I was dumbfounded to be told that my fraud claim and the disputed charges had been denied and the account was in collection. 

The amount of charges disputed were over {$3200.00} USD. 

Since a person of unknown identity stole my wallet, which included my driver 's license and used the information to make purchases at XXXX 's XXXX, where I do not have a membership, there is no question these charges were fraudulent yet Capital One has denied the claim and is saying that I, as an authorized secondary card holder, am responsible for the charges. 

They say there is nothing more I can do with them except pay. I can't even appeal the decision. 

The Fair Credit Billing Act says the maximum a person can be held liable for with regard to fraudulent charges is {$50.00} USD. 

" The Act requires creditors to give consumers 60 days to challenge certain disputed charges over {$50.00} such as wrong amounts, inaccurate statements, undelivered or unacceptable goods, and transactions by unauthorized users. '' Today is XX/XX/XXXX and the theft occurred on XX/XX/XXXX so today is 58 days.

Company response to consumer: Closed with monetary relief