Consumer complaint received 2021-02-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CT
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Funds not handled or disbursed as instructed

Complaint:
Numerous CFPB complaints have been filed since XXXX of XXXX regarding a close out check which was intercepted, cashed by a third party while I was on vacation. Capital One rep placed stop payment prematurely on initial close out check mailed to me, received on XX/XX/XXXX. I left for vacation on XX/XX/XXXX, a second check was sent via XXXX overnight which was left at my address and intercepted by this third party. Due to error on Capital One end, rep stopped payment prematurely which caused numerous overdraft fees. Capital One rep, XXXX XXXX, sent a third check for reimbursement of fees, has not reimbursed for stolen funds from closeout check in the amount of {$4200.00}. XXXX has tried to imply funds were received by stating account used to cash check was once linked to my closed Capital One account which was fraudulently added as a non Capital One account, my name is not on that account.. A Capital One rep later removed the account via phone call, while I was on the line, realizing it was linked without my knowledge or consent. Further, XXXX tried to imply a XXXX account used by third party whom cashed check is linked to my Capital One account, which it is not. I have checked with XXXX, there is no link and no transfer of funds in the amount of {$4200.00} into or out of my closed XXXX account. Also, XXXX has attempted to claim the third party lives at my address, which is not correct. At the time of incident, the party did not live there. I have provided information in past CFPB complaints as to whom the party might be and lived at address prior, several years ago, before I moved in. The person now replying on behalf of Capital One by the name of XXXX, has marked these complaints, which include proof of whereabouts at time of incident, as duplicate to avoid addressing them. Complaints marked as duplicate include proof of whereabouts such as an email from front desk manager showing dates I checked into and out of XXXX of XXXX XXXX, email from driver whom picked me up on XX/XX/XXXX, XXXX statement showing no amount of {$4200.00} into or out of account. In regard to Capital One rep 's behavior of marking complaints as duplicate to avoid addressing them, I would request CFPB launch an investigation. Most recently, I spoke with Connecticut Dept Of Banking, their rep stated an affidavit should have been sent to me from Capital One about this matter, they failed to send it earlier from XXXX when I brought this matter to their attention. XXXX had one emailed to me in XXXX, it was filled out, sent back on or around XX/XX/XXXX. I have been checking on status of it, Capital One reps have no update on it, provide same time frame of 60-120 days, it has been 90 days now with no resolution. It appears XXXX XXXX is no longer with Capital One, which is no surprise as she does not seem to resolve many complaints brought against Capital One, with CFPB or OCC, both have complaints on file about this matter. She has left her number in prior replies, does not accept or return calls, a total of seven messages left. She claims she can not return calls while complaints are in progress which I can assure the CFPB is a out right lie, she did not return calls even when prior complaints were closed out. This may not seem relevant, however, it goes towards credibility. I assume rep now replying on behalf of Capital One will mark this complaint as duplicate, if so, I again request CFPB to look into this behavior and overall matter. I am still owed these funds, which were not received, Capital One needs to reimburse me.

Company response to consumer: Closed with explanation