Consumer complaint received 2022-06-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem when making payments
Sub-issue: Problem during payment process

Complaint:
I'm a federally protected consumer and my rights have been violated by Capital One. On XX/XX/XXXX I mailed a tender of payment in the amount of {$400.00} via a postal money order, certified mail, with a green return receipt. That payment was delivered to Capital One payment center and signed for on XX/XX/XXXX. On XX/XX/XXXX a credit of {$1.00} was applied to my account. On XX/XX/XXXX I called member care to address the issue. I was told by the agent that the credit was applied properly. I asked the agent if Capital One follows Federal and State laws and she said yes. I then explained to her the federal and state laws concerning tender of payment and she didn't know what I was referring to. I asked her if the call was being recorded and she said yes. I informed her that I was recording as well and she told me that I couldn't and if I didn't stop she would end the call. I asked to speak with a supervisor so she transferred me. When I was connected to the supervisor I explained my issue and I explained how the other agent tried to end the call because I was recording. The supervisor then told me that its company policy for Capital One employees to not let themselves be recorded by customers and then she terminated the call. What type of shady business practices does a company commit if it trains it's employees to not let themselves be recorded!? On XX/XX/XXXX I mailed in a billing error notice to Capital One 's billing error resolution department via certified mail with a green return receipt. The billing error was delivered on XX/XX/XXXX. As of XX/XX/XXXX my issue has not been resolved and Capital One hasn't followed the requirements of 12 CFR 1026.13 Billing Error Resolution. According to 12 CFR 1026.13 Capital One is supposed to send and acknowledgment of my notice within 30 days, conduct an investigation within 2 billing cycles, and stop all collection attempts on the amount in error. Capital One is also required by law not to restrict the account in question until the investigation is complete. After their investigation they are required to correct the error and mail a correction notice. If there was no error, they are required to mail me an explanation of why no error occurred, documentary evidence, and allow me 10 days to make a payment. Instead Capital One has ignored my letter, continued collection attempts, restricted my account, and charged me late fees and interest fees. Capital One has intentionally violated my federally protected consumer rights. They have demonstrated that they do not follow Florida statutes, the Code of Federal Regulations, the Uniform Commercial Codes, or the United States Codes. This is extortion, fraud, and interference with commerce which is a felony under the RICO act! I did everything I was required to do by law to make payment and to report a billing error, but I am still a victim to Capital One 's illegal and shady business practices. I sent everything certified mail, I have receipts, signed green slips, hardcopies, photo evidence, and recorded phone calls with Capital One member care agents. I will be seeking remedy.

Company response to consumer: Closed with explanation