Consumer complaint received 2021-07-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Starting almost one year ago, both my husband and I wrote and called our credit card company, Capital One, to ensure we were equally capable of speaking when calling about any issue. This was after Capital One explained only one of us, despite being a married couple, can be the 'Primary. ' My husband then gave verbal consent numerous times, permitting me to speak in perpetuity. Yet each time, he still must provide verbal consent. We then asked repetitively what we could do to ensure this step was unnecessary going forward, and we received many answers. 

Initially, we were asked to submit a signed letter with this request which we did, and that was declined. We were then requested to send in 'Durable Power of Attorney ' paperwork, and we did. That, too, was denied. A Capital One agent told us on the phone that the notarization stamp was expired. Upon consulting our attorney, we were advised that is not a valid reason, as the documents were signed before the notarization expiration. Yet, we went ahead and spent the money and had our Durable Power of Attorney documents updated/re-notarized. We then submitted it and have received another bogus reason as to why they're not accepting it. The denial letter states the agent/attorney-in-fact, which is me, must show an address on the DPOA document ; this is also incorrect. 

My patience for anyone at Capital One to appropriately address our well-known concerns has come to an end. My husband and I have 36 documented calls over the last 12 months. I pleaded for someone to assist with every call, and all agents keep telling us the " back office '' is reviewing our case and that it is being escalated. When I inquired who it was being escalated to in this back-office- they said it is their policy not to reveal their processes. I was trying to ask if a lawyer was reviewing our document because it was clear whoever is evaluating it is unfamiliar with the statutes on DPOAs. 

Each time I call in, I am told it will be another 7 to 10 days, and we will receive a letter sometime after that, or a phone call, which has not happened, and this has been going on for months. I decided to follow up one last time and finally spoke with a senior account supervisor by the name of XXXX. She stated she could not tell me why no one called us back, nor could she answer if this matter had been addressed. I asked XXXX for someone of a higher ranking with authority to call me back by the end of the business day, and she said that would not be possible. I explained I had called to follow-up 36 times over the last 12 months and have spent upwards of 40+ hours between calling, faxing, & mailing, trying to resolve this matter. I further explained I would be reaching out to the Consumer Financial Protection Bureau for guidance and writing a Press Release, but this made no impression. 

After a long year of poor customer service and being given the runaround, I am reaching out for your support in hopes of a resolution. I did talk to our attorney, and he spoke with Capital One with me on a three-way call and respectfully explained that the reasons they do not recognize our DPOA are unlawful. The first reason was the notarization stamp expired, and the second reason was I allegedly was missing an address. The address being requested is unnecessary, and legally Capitol One can not deny our request for me to be accepted as a DPOA on behalf of my husband, with a professional/legally prepared DPOA submitted. 

Your assistance with this matter is greatly appreciated.

Company response to consumer: Closed with explanation