Consumer complaint received 2018-01-30
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
In XX/XX/XXXX, I contacted Capital One 360 Bank to let them know that my debit card had been stolen and that several unauthorized ATM transactions had taken place. The ATM transactions in question are : Transaction Dates and Amounts XX/XX/XXXX - {$13.00} - XXXX XXXX XXXX XX/XX/XXXX - {$130.00} - XXXX XXXX XXXX XXXX XX/XX/XXXX - {$93.00} - XXXX XXXX XXXX XX/XX/XXXX - {$120.00} - XXXX XXXX XXXX XX/XX/XXXX - {$120.00} - XXXX XXXX XXXX. 
XX/XX/XXXX - {$110.00} - XXXX XXXX XXXX XX/XX/XXXX - {$80.00} - XXXX XXXX XXXX, I was told that I would receive provisional funds back in my account on XX/XX/XXXX, as all of my credit card automatic payments and household bill payments come from this account and I would need to have the provisional credit posted to my account so I would not receive late fees and returned check fees from the institutions in question while the dispute was still being researched. 

XX/XX/XXXX came and went and no provisional funds were added to my account. When I contacted the bank on XX/XX/XXXX to ask why, after I received several late fees and returned check fees from several different credit card companies and my utility company ( all of which, of course, Capital One 360 refuses to pay, even though they caused it by not giving me the provisional funding promised by XX/XX/XXXX ), I was informed that I had indeed lost my disputes. 

I asked if I could reopen my disputes and was told that I could only after I had a chance to review the documentation that the bank used to determine my dispute. The bank sent me the documentation - and it was at this point that I discovered that the bank did absolutely nothing to actually research my dispute. The documentation was 4 pages long ; the first page consisted of generic reasons as to why my dispute was denied ; the remaining three pages were simply my previous month 's account statement! 

After I received this 'thorough documentation ', I called the bank and immediately demanded a re-investigation, as *my card was stolen and these ATM transactions were indeed not mine*, but the bank essentially refused to help me. They claim that on XX/XX/XXXX that I stated that I gave my card to a friend I did no such thing. In the past ( literally in XXXX ), I let a friend borrow my card, whom no longer lives in the state and has since returned my card ( returned it after borrowing it for one week in XXXX ). This friend is certainly not the person that stole money from my account, as they were in California at the time, and I have not seen this friend for quite some time. They purposely misunderstood my statement in an attempt to use it to justify not correcting my dispute. I demand they pull the call and transcribe it, as the transcription will demonstrate a vastly different story than the lie they are uttering. 

Capital One 360 has done nothing to assist me. They know that my debit card was out of my possession as of XX/XX/XXXX and still allowed ATM transactions to occur! They know that my card was stolen and that the above-listed ATM transactions were not completed by me, and they still refuse to refund my missing money. 

This bank is in breach of contract to me as a customer, as they are legally liable for my funds if they are proven to be stolen. I proved that my funds were stolen and the bank has done nothing to assist me, and as to this day I still do not have my missing funds. 

This has got to stop. I demand my stolen money back, and the late fees, returned check fees, and any and every additional penalty fee I had to pay due to the bank not giving me provisional credit as promised on XX/XX/XXXX. 

If my money is not returned, I will sue the bank, whether or not the contract I signed requires small claims court or arbitration ( i.e., if the contract requires it, I will first sue in small claims court, and petition the court to allow me to sue in civil court as the bank has egregiously violated our contract first by not returning my stolen funds ). They have done nothing to assist me. Please help me.

Company response to consumer: Closed with explanation