Consumer complaint received 2018-07-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
I would like to file a formal complaint against XXXX XXXX ( XXXX ) for discriminatory and deceptive business practices that includes and not limited to the following actions : I received a letter dated XX/XX/2018, stating my XXXX XXXX charge account has been closed to future purchase or credits. This closure was based on non credit reason. 

According to XXXX XXXX a recent review of my disputes indicates that a productive customer-merchant relationship does not exist. It has become evident that XXXX can not meet my expectations. 

The expectations XXXX XXXX refused to meet is Maryland law if an item is defective, the store must repair it, replace it or give me a refund, regardless of its regular refund policy. 

I have ordered several shoes from XXXX XXXX online store. However, when arrived the quality was not as expected : 1. Shoes found to be worn or in damaged.

2. Shoes did not look the same as it does in the advertisement.

3. Refused to disclose the shoes will be in worse condition than what it says in the advertisement.

4. Refused to disclose the condition shoes were in at time of purchase.

5. Refused to disclose how long, much shoe had been used/worn.

6. Defects, conditions and discrepancies were not disclosed in the description.

7. Ripped boxes so dirty inside it made me sick and these shoes retails at $ 700- {$1200.00} dollars.

I would like for your office to investigate the unfair and unethical sale of used worn shoes without full disclosure. 

I received a worn pair of shoes when I placed my first order and this practiced continued ( 5 ) additional times after I notified XXXX XXXX of my XXXX as defined under ADA and the following health risk associated : If someone with a XXXX  XXXX wore a pair of shoes and some of the fungi were left in the shoes, it can continue to survive for quite some time. It doesnt take much to get a XXXX   XXXX. Wearing used shoes can make it easy to catch it right away, and the more you wear those same shoes, the worse it could become. 

XXXX  XXXX not only thrives in shoes, but it is also extremely contagious. Thats why sharing footwear with people who may have a XXXX should be avoided at all cost. It doesnt take much to get a XXXX XXXX. 

All of the shoes ordered online were worn or defective, each time XXXX XXXX apologized offered to lower the price on the worn/defective shoes and discounted purchase of an additional pair. 

Please be advised over the past ( 2 ) two years this is what happen each time I ordered a pair of shoes. Either I received damaged or worn shoes offered a deal to buy worn damaged shoe, offered a discount on a purchase of another like kind pair. ( Pictures and documentation available. ) Each time I questioned XXXX on why and how I keep getting damaged or worn shoes, asked why XXXX are refusing to disclose to consumers shoes are worn, returned, restocked prior to purchase and giving consumers the choice of making said purchase. Also asked XXXX  not to send me anymore used worn, restocked or damaged shoes. 

Over the XX/XX/XXXX holiday I ordered a pair of shoes which were damaged and returned. 
Because the shoes were no longer available XXXX XXXX  agreed to sell a like kind shoe at the same price. When this shoe arrived is was worn and damaged. 

XXXX refused to exchange worn damaged shoe which at the time had the exact shoe in my size in stock. Instead XXXX offered an additional 10 % of the damaged shoe but refused to take worn/damaged shoe back and exchange for a brand new pair which XXXX had in stock. 

I respectfully declined their offer to purchase the damaged shoes asked XXXX  to make arrangements to pick up the worn damaged shoes and exchange for a new pair which was in stock. 

I called the corporate manager and she basically told me that XXXX  no longer needed my business, had closed my credit card account and refused to take back the damaged shoes in direct violation of Maryland laws. 

I would like your office to investigate and provide protection from these abusive practices with merchants aggressively selling used shoes then engaging in abusive retaliatory actions of closing a consumer credit card account with full knowledge this would adversely have an immediate impact on the consumers credit scores. 

XXXX  canceling my card can certainly have negative effects on my score, especially if it causes my credit utilization to rise or my length of credit history to be reduced significantly. 

Specifically, this is my combined credit utilization percentage ( total card balances/credit limits ) that, once it gets higher than 25 percent or so, could be impacted when any card is closed.

At such a percentage or higher, removing the amount of available credit provided by XXXX  account, which is what will happen when the card is closed, is likely to increase the credit utilization percentage and lower your credit scores. 

Therefore, I can not allow XXXX  to close out my credit card account based on their charge that a productive customer-merchant relationship does not exist. It has become evident that XXXX  can not meet my expectations. 

When in fact XXXX  retaliatory actions of closing consumer account were intentionally designed to have the most sever impact on the consumer financial purchasing as punishment for exposing XXXX  practice of selling worn/damaged goods. 

Closing out my XXXX  account would not stop me from using another method of payment including cash transactions to make a purchase at XXXX. Therefore, XXXX only intend is to destroy the consumer credit scores. 

I would like your office to investigate this illegal practice and provide consumer protection from XXXX   abusive practice of risking health, refusing to follow Maryland laws allowing returns of defective merchandise, then closing credit card account with no legal reason when a consumer complains. 

I am seeking assistance to stop XXXX  from closing out my credit card account, in addition, return and exchange the worn damaged shoes and prevent this company from processing online sales without full disclosure of the health risk involved with buying restocked, worn or damaged merchandise. 

Thank you in advance for your assistance and cooperation with this matter. 
I look forward to hearing from your office ; please let me know if you are in of any additional information.

Company response to consumer: Closed with monetary relief