Consumer complaint received 2023-09-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WI
Product: Credit 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:
Capital One XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX To the Transaction Fraud Support Center, Case Number : XXXX In response to your letter dated XX/XX/2023, I present you with the following compelling evidence regarding the fraudulent charge placed on my credit card by the Taxi Driver. I request your thorough investigation and prompt resolution of this matter. 
XXXX. DetailedAccountoftheIncident : DuringmyvacationinXXXXfrom Wednesday, XX/XX/XXXX to Monday, XX/XX/XXXX, I experienced the fraudulent charge in question. On XX/XX/XXXX, my sister and I concluded a boat tour around XXXX XXXX local time. Since there were no available XXXX services at the disembarkation point, we hailed a taxi with a green light on the top of the vehicle indicating it was open to passengers to take us back to our hotel. 
XXXX. TaxiDriver'sDeceptiveActions : Thetaxicabweencounteredstatedthatonly credit cards were accepted and would accept NO CASH which we didnt initially think was a problem. But clearly, he was setting us up for fraud from the moment he picked up 2 American female tourists. Additionally, when the driver dropped us off, he intentionally drove past the hotel and stopped several buildings down, across the street, potentially to avoid surveillance cameras or being identified by hotel staff. 
3. UnusualPaymentProcedure : AtnopointduringtheridewasIinformedthat the taxi driver would not be using a conventional passenger swipe or touch- pay machine. To my surprise, I arrived at the hotel approximately 10-15 minutes later and realized that the driver was not using a typical payment terminal. Instead, he demanded that I give him my credit card and proceeded to charge us. The cost that was shown to me on his phone was XXXX Euros, I added a XXXX XXXX tip, totaling XXXX Euros. The driver swiped the credit card using a 'XXXX XXXX attachment on his cell phone, and he returned the card to me after the transaction. Being in a foreign country, we didnt know whether this was standard practice or not. As my sister and I began walking across the street, the Capital One payment alert on my phone indicated an unauthorized charge of {$950.00}, which brought this fraudulent activity to my attention. 
4. LackofSignatureVerification : ItisessentialtonotethatIwasneither requested to sign any document nor did I sign anything during this transaction. The forged signature on the fabricated receipt you provided to me by the catering company does not match my actual signature, which I have provided as evidence by including a copy of my passport signature page. Additionally, the driver did not provide me with a receipt, as I have always relied on notifications from my credit card company as proof of payment. 
5. SwiftReportingtoCapitalOne : UponreceivingthefraudalertfromCapital One, I immediately contacted their Fraud phone number, and the conversation was recorded. The representative advised me to cancel the card, but since I was in XXXX, they said Capital One couldn't deliver a new card anywhere out of the USA. Since I needed to continue to use my credit card, Capital One instructed me to lock the card using the mobile app, which I did immediately. The representative further advised me to cancel the card upon returning home, assuring me that a replacement card would be sent. Additionally, they indicated that I would be able to easily address this fraudulent charge once I was back in the USA. 
6. InexplicableResponsefromCapitalOne : However, Iamdeeplydisappointed that when I contacted Capital Ones Fraud Department to request the cancellation of the compromised card and the issuance of a new one, I was inexplicably told that it was not recommended. This contradicts all logical reasoning, as the card has already been compromised, and replacing it is the standard course of action in such situations. Additionally, the representative told me that they had a legitimate signed receipt of the charges and that it was my word against theirs. I had to call Customer Service Fraud a second time days later to find a representative who canceled my card and sent me a new one. 

7. SupportingEvidence : Tostrengthenmycase, Ihaveattachedthefollowing supporting evidence for your consideration : Itinerary : A detailed itinerary clearly indicating my presence solely in XXXX during the mentioned dates. 
Time-Stamped Photos : Photographs of my sister and me on the boat ride in XXXX, which demonstrate our location until XXXXXXXX XXXX not ordering catering from a foreign country. 
Cell Phone Call Record : A record of my phone calls on the specific date, confirming my presence in XXXX. 
Explanations to Disprove the Fraudulent Charge : I would like to reiterate the following crucial points, which eliminate any possibility of my involvement in the fraudulent charge : I did not make any purchases in or from anyone/company in XXXX, and there is no legitimate reason for such a transaction to appear on my card. 
I did not sign any credit statements, especially not in a language other than my native language which is XXXX. The receipt you have has a fraudulent signature. I have provided a copy of my passport signature, which I have provided as evidence. 
I have no acquaintances or connections in XXXX, and I have never visited the country. 
I have no personal connections in XXXX, further negating any involvement in the fraudulent charge. 
I have no need for catering, I had no events that would necessitate ordering catering in XXXX. 
I would never sign an agreement not in XXXX. 
In addition, in the document you sent to me called disputed transaction from the vendor, the last paragraph refers to me as his card. It is clear that this vendor was receiving payment from a male, not from me a female. 
1. LogicalInconsistency : Consideringthecircumstancessurroundingtheincident, it is inconceivable that a mere 10-15 minute taxi ride in XXXX, XXXX, between a boat ride on the XXXX XXXX and my hotel room, could result in a catering event in XXXX, amounting to an additional {$950.00}. This absurdity further supports the claim of fraudulent activity. I called Capitol One immediately to report the fraudulent charge which is recorded. 
2. RequestforFairResolution : Basedontheinformationprovided, IbelieveI have provided substantial evidence to establish the fraudulent nature of the charge. I urge you to thoroughly review the recordings of my initial report in XXXX and consider all the evidence. I expect that upon careful evaluation, you will overturn this charge. 
3. AppealsProcess : Intheeventthatmyclaimisnotresolvedsatisfactorily, I kindly request information regarding the appeals process. If necessary, I am prepared to pursue legal action to protect my rights and rectify this fraudulent charge. 
4. AnticipatingYourResponse : Ieagerlyawaityourfindingsandreply, ensuringa prompt resolution to this matter. Please do not hesitate to contact me for any additional information or clarification that may assist in filling any gaps in the evidence. 
Thank you for your attention to this matter.

Company response to consumer: Closed with monetary relief