Consumer complaint received 2018-09-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: SC
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:
On XX/XX/2018, I purchased merchandise from XXXX. XXXX charged my Capital One Credit Card immediately. This is usually a dangerous sign, and as I was to find out, XXXX was unable to deliver the goods as contracted. 
The purchase price of {$77.00} was reflected on the XXXX, 2018 Credit Card Statement. On XX/XX/2018, I filed a chargeback with Capital One to obtain a full refund for the purchase. The chargeback was filed under the provisions of FTCs Mail, Internet or Telephone Order Merchandise Rule which requires, in part, that the goods be delivered within 30 days from the date of order. XXXX never obtained consent to extend the delivery date and failed to act in a professional manner throughout the entire transaction. Capital gave me a full refund which was shown on the XX/XX/2018 statement. I felt fortunate there was a law that protected consumers from companies who charge the buyer immediately, and then run the companies on a shoestring. I considered the transaction finished and vowed I would never deal with a company like XXXX again. 
Unbeknowst to me, the {$77.00} purchase price continued to be debited by Capital. I later found that on the XX/XX/2018 statement, the {$77.00} price had been debited and shown as a Transaction Rebill. This deviation from what Capital agreed to was never verbalized to me. It was not until I had to file a complaint against XXXX, that they ( XXXX ) told me Capital had ruled in favor of XXXX, forcing me to pay for goods I never received. 
It was not until XX/XX/2018, Capital advised that the time frame had expired for me to dispute the purchase price ( Exhibit A ). They further stated, If you want to dispute a charge in the future, please let us know within 60 days of receiving the statement that shows the disputed charge. And so my case was closed. 
None of this made any sense to me, so by my letter to Capital dated XX/XX/XXXX, I recounted with absolute amazement their unmitigated gall to tell me I had not met the 60 day time limit ( Exhibit B ). I seriously questioned whether the person writing Capitals letters could read and write, I.E. Purchased goods on XXXX ; notice of chargeback given on XXXX18 equals a total of 40 days. 
Capital responded to my letter remaining firm I had not given the 60 days notice On XX/XX/XXXX, their letter stated the same thing as it had before that I had not complied with the necessary legal requirements ( Exhibit C ). And by siding with XXXX, they were also forcing me to patronize a company who had proven to disobey laws. Capitals decision to favor a company who had violated any number of laws was arbitrary and self serving to say the least. Capital had no basis in fact to favor XXXX ; it seemed more like a power play to me. There was no part of this credit transaction that was legal, especially since they continued to falsify my credit card statement with an unjust decision. 
In addition, Capitals actions completely voided the Billing Rights Summary and Terms regarding correction of a billing errors, notice from Capital of their decision,  appeal, etc. 
I never received any notice of their position, and didnt know what was happening until XXXX advised me of their actions by their letter dated XX/XX/2018. ( Exhibit D ). 
Finally, I received a check from Capital One dated XX/XX/2018 in the amount of {$130.00}. I copied it, but then I found I had misplaced the check. It has never been found. I wrote to Capital on XX/XX/2018, and asked them to replace the check. I have not received any response from them. The XX/XX/2018 Statement does note a credit balance refund on XX/XX/XXXX in the amount of {$130.00}. I am repeating that request again here for them to send me a new check.

Company response to consumer: Closed with explanation