Consumer complaint received 2022-01-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IN
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Scalpers have been buying up all the XXXX consoles with complex software, making it impossible to acquire one, and then doubling and tripling the price. XXXX allowed this and continues to allow this. Despite that, I paid nearly double the premium, sight unseen, on XX/XX/21, for an item described in the listing as " XXXX XXXX XXXX XXXX XXXX XXXX XXXX SEALED IN HAND Ships TODAY '' from seller ( redacted - can provide ) The item was not shipped until several days later, the first red flag from the listing that was " not as described. '' The item finally arrived nearly 2 weeks after purchase. When I opened the box, the XXXX was inside, but the seal was broken. This is the second red flag. It was not a brand new or sealed. I proceeded to open the package, anything could be inside since it was not sealed as stated in the listing. Inside was the XXXX and all components. The cables were unpackaged, and the controller was scuffed from what appears to be drop damage or possibly just bumped against something. I immediately reached out to the seller, XX/XX/21, and stated that I would waive returning the item, for a partial refund, ( since the item is impossible to find, it was used, the controller was damaged, and i paid for a BRAND NEW SEALED XXXX ). The seller refused a partial refund ( or any refund ) prompting me to open an XXXX XXXX XXXX case. XXXX policy states ( direct quote ) : " XXXX XXXX XXXX XXXX covers most transactions on XXXX. It means buyers can get their money back if an item didn't arrive, is faulty or damaged, or doesn't match the listing. '' the fine print follows as ( direct quote ) : " As a buyer, for your transaction to be eligible for XXXX XXXX XXXX XXXX  : - You must complete and pay for your purchase on XXXX using an eligible payment method at checkout ; ( XXXX was used and is considered an eligible payment ) - You must meet the requirements specified in this policy, including taking action within the required time frames ; ( Within 30 Calendar Days ) - The item may not be an excluded item or subject to any additional exclusions ; and You may not seek resolution for the same issue by another resolution method ( I only contacted XXXX and electronics are not an excluded item ) '' Item was not as described in listing, and was also damaged, I should be covered. After waiting for the required period by XXXX, prior to them stepping in to assist, I opened the XXXX XXXX case on XX/XX/21. After opening the case, and the seller was notified, the seller immediately contacted XXXX, and the disposition of that conversation, lead to the case I opened hours ago, being placed on hold. The following morning, XX/XX/21 the case was closed in the sellers favor. I appealed the decision ( which should not have happened ANYWAY based on ebays policies ) and XXXX once again sided with the seller. I contacted XXXX who said their decision was final- with no explanation. I contacted XXXX, the same day XX/XX/21, who also denied my request to return the used console i purchased, siding with the seller again. Finally I contacted capital one, to have them help, since XXXX ignored their XXXX XXXX from the beginning and XXXX just sided with whatever XXXX did. Capital One on XX/XX/21 - denied my claim, stating that I never returned the item to the seller .... but thats because the seller denied, XXXX denied and XXXX denied my return. XXXX XXXX and anyone you speak to, feigns interest, tells you their is nothing they can do, their decision is final, and then just hang up on you when you arent satisfied with the outcome.

Company response to consumer: Closed with explanation