Consumer complaint received 2019-08-29
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
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: Card was charged for something you did not purchase with the card

Complaint:
I was in XXXX XXXX XXXX, XXXX over the XX/XX/XXXX weekend. On XX/XX/XXXX my fiancee and I rented a car to drive about an hour XXXX to a town called XXXX XXXX. 

On the way home we had to stop at a gas station in XXXX to fill up the rental car so we wouldn't get charged when we brought the car back. Most gas stations in XXXX are full serve so the attendant comes over and asks how much gas you need. 

I told the gas attendant to fill the tank up and handed him my Capital One card ending in XXXX and then I asked where the bathroom was. 

When I got back from the bathroom the gas attendant said this card wasn't working and I thought that's weird but whatever and handed him my other Capital One card ending in XXXX. He ran it and it worked fine and I signed it and it came out to {$29.00} in US dollars.  That was what I thought was the end of a normal gas tank fill up transaction. 

Low and behold a couple weeks later I checked my credit card online and I saw that the same gas station in XXXX charged my first credit card ending in XXXX ( now XXXX since I cancelled card because of this ) in the amount of {$180.00}. Obviously, right away I knew I was ripped off and fraud was committed and I called Capital One to report this and had to cancel the card, which I wasn't happy about because I have monthly bills attached to this card. 

Capital One said they would take care of it and then all of a sudden I get a letter yesterday on XX/XX/19 from Capital One saying that they found no fraud and were charging this {$180.00} back on my card!! 

I couldn't believe how they could possibly say this wasn't fraud, this is the most clear cut case of fraud I've ever heard of. A guy at a business pretends a card doesn't work and charges it for {$180.00} never telling me and then asks for another card to charge for the gas. I was completely lied to and deceived by this gas station. 

Who pays {$180.00} for gas in a tiny rental car?! 

When I called to complain to Capital One today on XX/XX/19 they said this wasn't fraud. They said because I handed the guy this card ending in XXXX ( now XXXX because I had to cancel this card because of this ) that it couldn't be fraud, which is the the most absurd thing I've ever heard. Capital One says since I handed them a card to purchase goods it wasn't fraud and I could only file a dispute. I asked how is this not fraud? It's not a dispute because the charge was made FRAUDULENTLY on my card without my permission. Capital One is continuing to say this isn't fraud and they are transferring it to the disputes department. 

I told Capital One this is the most clear case of fraud I've ever seen and this is ridiculous how I'm being treated and the hoops I'm having to jump through for fraud being committed in XXXX. I told them this better just get taken off my account because I was ripped off and fraud committed against me. They said disputes will look into it but this whole thing is unacceptable that I'm having to go through all this work and stress for the most clear cut case ever. 

I want my {$180.00} back that was stolen from me period. I don't care who or what department does it but I need my money back. 

Capital One needs to read the definition of fraud in the dictionary which reads " wrongful or criminal deception intended to result in financial or personal gain ''. How is this not fraud?!?!?!? It couldn't be more clear cut. 

Thank you for helping me with Capital One because they are trying to bully me into paying for a fraudulent charge.

Company response to consumer: Closed with monetary relief