Consumer complaint received 2020-02-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
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 complaint is about my credit card company, Capital One, reneging on their commitment to protect their customer, me, from fraudulent use of my account. 

-On XX/XX/XXXX, a cash advance was made on my account in the amount of {$400.00}. 
-On XX/XX/XXXX, a purchase was made at XXXX XXXX in the amount of {$1100.00} using my account. 
-On XX/XX/XXXX a cash advance was made on my account in the amount of {$380.00}. 

I did not make nor authorize these transactions. 

Cash advance fees and interest have been accruing to these transactions since. See details, attached. 

Upon noticing these charges on my online statement on XX/XX/XXXX, I called Capital One to notify them of the unauthorized use of my account. The charges were credited back to me on XX/XX/XXXX. 

On or about XX/XX/XXXX, I received two letters from Capital One, both dated XX/XX/XXXX. The first informed me that the charges had been refunded to my account. The second informed me that the charges were being re-instated due to the writer having found no indication of fraud. Copies attached. 

I once again called Capital One. The first representative I spoke with told me that, as they had determined the chip was used to authorize these transactions and that I stated that the card had never left my possession, which it hadnt, I must have made these transactions. In an effort to be helpful, this representative called XXXX XXXX while I was on the phone. All the XXXX XXXX representative could confirm is that I have made no purchases from XXXX XXXX since XX/XX/XXXX. 

I was subsequently passed on to a series of representatives in the fraud department. When I told the last one about a previous representative calling XXXX XXXX, he said, yeah, well she shouldnt have done that. 

As I protested that I had not made these transactions, the representative asked me how I opened the account. I told him I didnt remember ( I opened it in XXXX of XXXX and have never paid late and almost never have carried a balance ). 
He told me if I couldnt tell him how I opened the account, he could find that I opened it by fraudulent means. Apart from being abusive and insulting, his insinuations on behalf of Capital One that I am a criminal and a liar are defamatory. 

Our conversation ended with him telling me that I would have to pursue any further remedy on my own, that I should fax Capital One to obtain further details about these transactions and go to my local police. 

I faxed the request on XX/XX/XXXX. I have had no response as of XXXX XXXX, XXXX. 

I filed a report with my local police department ( XXXX, NJ ) on XX/XX/XXXX. The transactions took place in XXXX and XXXX XXXX in New York state. The polices investigation determined only that XXXX XXXX keeps security video for fourteen days and therefore any exculpatory evidence it may have provided is lost. Copy attached. 

On XX/XX/XXXX, I sent a letter by certified mail to the fraud department at Capital One disputing the charges and disclaiming responsibility for them. I have received no response from Capital One as of XXXX XXXX, XXXX. Copy attached. 
Please note discrepancy of transaction dates between capital ones statement and letters from their fraud department. 

I have paid my legitimate obligation to Capital One in full. The balance that remains on my account, {$2000.00} as of XXXX XXXX, XXXX, represents the unauthorized transactions plus interest and fees on same.

Company response to consumer: Closed with monetary relief