Consumer complaint received 2022-12-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IL
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Fees or interest
Sub-issue: Problem with fees

Complaint:
This matter is with my Walmart account which appears to have been taken over with by Capital One Financial Services under an account ending in XXXX. I have added this account over 10 years without any issues whatsoever and on XX/XX/2022, after checking my email, I noticed that a Capital One-Walmart email is in my inbox claiming that I missed such payment for the month of XX/XX/2022 when I never received my credit card statement for the month of XX/XX/2022 - XX/XX/2022. 

I immediately called in to Capital One-Walmart to address the issue and to report that I never received my Capital One-Walmart 's statement for the month of XX/XX/2022 and I never received any notification by text or any other alerts to notify of any issue or problems or a payment that is due in the next seven days. 

If I would have received such I would have immediately set up or called in to address the issue or concern in regards to this account should be on an automatic payment until the balance is fully paid in full. 

I normally don't carry a balance on this account anyway and Capital One and Walmart know that this account is usually a XXXX balance account and know that I have never had any issues or problems in making my payments on time. 

This rude lady that took over the call that call herself a manager made a statement that Capital One-Walmart only waives one past-due charge. I immediately ask to receive such a statement in writing and after asking for such documentation to support such statement she recants her statement and tried to come up with another excuse. I kindly told this lady that I never received my statement and that I don't have any issue or problem with my mail and even if I did, it is still not my fault or concern. She and Capital One should be addressing such with the United States Postal Service and not me.

I clearly told her that I hope that the conversation is being recorded for I will be filing a complaint with this agency to express my grievances. 

She is acting as if such {$28.00} in late fees can not be readjusted due to the fact of never received my statement in the mail. If I don't receive such, I am not obligated to pay anything to anyone until I get my full statement and be given enough time to look over my statement and the right amount of time to pay for whatever charges, I am responsible for. 

This is clearly in violation of the Federal Debt Collection Act ( FDCA ) which brings me to this point to file this complaint because Capital One is trying to take advantage of people and charging and overcharging people for something that is beyond their control.

In Capital One-Walmart 's answer or response, I want to see their policy in nature so they can only waive only one past due fee and I want to see such regulation or policy saying they are not responsible for statements not arriving to customers at a timely notice and such customer should still make an effort to contact Capital One-Walmart in regarding any account even when the balance is normally a XXXX balance. 

I am not willing to accept anything other than PROPER PAPERWORK to show and support their actions in this matter. 

XXXX XXXX Account Ending XXXX

Company response to consumer: Closed with explanation