Consumer complaint received 2018-09-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NH
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/XXXX my father passed away. 
Once I was able to go through his documents and determine where and what assets he had, I notified his Capitol One local branch and the estate operations dept XX/XX/XXXX of his death and requested confirmation that money could not be withdrawn from his personal and business account. I was assured this would be the case. I also spoke with the Estate operations again XX/XX/XXXX and was again assured that no money could go out but deposits would be accepted from any of his business clients that may choose to make deposits to his account. 
Around the end of XX/XX/XXXX when preliminary probate papers were finally issued -establishing my role as estate executor I went to the Capitol One branch in XXXX to collect his assets and learned that the business account was " inactive. '' The account, which had almost {$9000.00}, was over withdrawn and in negative balance with penalty fees. Since I was not entitled to the bank statements before this time -this was a shock to both the branch manager helping me and I.

Apparently Capitol One had honored checks that had forged signatures of my father until the account ran out of money. Long story short, the fraud dept ( who refused to speak with me but through the branch manager said they would launch an investigation ). In XX/XX/XXXX the Capitol One fraud investigator called and left a message for me to call him back. When I called back, the fraud dept person refused to connect me with the investigator-he just said the case was ongoing and the investigator would contact me-this is me returning the investigator 's call ...

The investigator eventually contacted me on XXXX XXXX stating that he had no documentation of notification of my fathers death or request by me to freeze the account from outgoing money on record. When I inquired about all the " recorded communications '' with the estate operations dept he replied that he had no access to that information. There was " nothing he could do for me. '' He then gave me the number for the CapitolOne Advocacy group. I called the advocacy group several times in XXXX with no response. 
Meanwhile our family filed a policy report against the suspect and that is still undergoing active investigation. 
I again contacted Capitol One, XXXX XXXX and was transferred to the Customer Security Team, requesting the supervisor for the previous investigator. 
A person named XXXX contacted me XX/XX/XXXX and he gave me a case number ( they reopened the case ) and asked me to email a copy of the police report with a brief synopsis of the situation. He then said he would review the contents and get back to me the following week. On XXXX XXXX XXXX did call to confirm receipt of the documents and was waiting for the manager to go over it. He may have more information the following day. 
I called XX/XX/XXXX to check on the status. XXXX did not answer my call but the message relayed was that he would contact me once he heard from the estate team. On XX/XX/XXXX I called again, XXXX was not available and the operator took my message and when I stated that it has been several months now she basically stated that sometimes investigations could take years. She said this without any information on the case. This was not the implication I got from the XXXX.

Company response to consumer: Closed with explanation