Consumer complaint received 2020-07-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Credit card or prepaid 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:
On XX/XX/XXXX, I tried to initiate an online dispute with Capital One, regarding a charge applied in my account on XX/XX/XXXX by XXXX for an upcoming hotel reservation in XXXX that I was forced to cancel due to COVID-19. I noticed that Capital One disrupted the online dispute option and that all disputes should be initiated by phone and mail only. Due to an alleged high call volume, the phone option was practically unavailable. 

On XX/XX/XXXX, I mailed a letter to the bank dispute center via USPS Certified Mail, disputing this charge. Capital One received my letter on XX/XX/XXXX. 

On XX/XX/XXXX, I finally got in contact with the bank by phone and I said that that I wanted to dispute a charge in my credit card account ( Case Number : XXXX ). I also let the bank know that the supporting documentation was submitted by Certified Mail and that Capital One was in possession of such letter since XX/XX/XXXX. On XX/XX/XXXX, Capital One applied a temporary chargeback with the disputed amount and interests. 

On XX/XX/XXXX, Capital One charged my account again and sent me a letter asking for documentation, practically the same documentation that I mailed to the bank on XX/XX/XXXX. In this letter, the bank acknowledged that they were considering my case closed and that if I wanted to continue with my dispute, I needed to respond and submit some documentation. The bank reserved the right to respond between 10-15 business days. 

On XX/XX/XXXX, I phoned the bank and I was provided with a link to upload all documents online. I complained with the Customer Service representative about the fact that I was not able to get access to my online documents. 

On XX/XX/XXXX, I uploaded to the bank dispute center system the letter submitted by mail on XX/XX/XXXX and a copy of the USPS Certified Mail receipt. 

On XX/XX/XXXX, Capital One sent me an electronic letter saying that a chargeback was applied in my account, and stating that unless we hear back from the merchant, with consider your case closed. This was the latest official written communication that I received from the bank. 

On XX/XX/XXXX, I uploaded another letter to the online dispute center system, containing more documentation. 

On XX/XX/XXXX, in a phone conversation with a bank representative, I said that, according to Capital One letter from XX/XX/XXXX, a chargeback should be applied and that such amount was not reflected in my account. The customer service representative told me that my case was under review and that the bank was not able to apply a chargeback. The bank acknowledged that they received the documents that I submitted on XX/XX/XXXX and XX/XX/XXXX. 

On XX/XX/XXXX, in a 2-hour phone conversation with the Customer Service, I inquired about the status of my dispute. The bank representative told that my case was under review and that further documentation was needed. I asked to speak with a supervisor, who basically told me that : 1 ) My case was definitely closed. 2 ) Capital One chargeback letter from XX/XX/XXXX was submitted by mistake. 3 ) She  couldnt say why Capital One didnt respond to my letters from XX/XX/XXXX and XX/XX/XXXX. 4 ) The bank doesnt have the right to apply a chargeback because I didnt use the services made available by a merchant as the merchant has fulfilled its obligations linked to the transaction, and that since I booked a non-refundable reservation, I was not eligible for a refund and any further refund. In my phone conversation with the bank supervisor, I emphasized in the following : 1 ) I canceled my reservation on XX/XX/XXXX. 2 ) I tried to solve the dispute with the merchant. 3 ) The cancellation policy that XXXX had in force when I booked this hotel on XX/XX/XXXX was not applicable, since such cancellation policy was superseded by a new one due to COVID-19, entitling customers falling in this category to a refund or voucher, as stated in XXXX website. 4 ) That in my case, I didnt receive any refund or voucher, to which I was entitled to. 5 ) That this situation was preceded by the fact that the Government of the XXXX XXXX declared a state of emergency, that foreigners were not allowed to cross borders of such country since XX/XX/XXXX, that the XXXX authorities limited the freedom of movement, imposing isolation and quarantine policies, and that since XX/XX/XXXX, Hotels/Accommodation services will be provided to foreigners who have permission to work in the XXXX XXXX and to foreigners waiting to leave the country, as stated in the official webpage of the US Embassy in the XXXX XXXX. 6 ) As such, the merchant couldnt fulfill any obligation and couldnt make its services available due to a force majeure event, making me eligible for a full refund, since the obligations contained in the booking agreement were not longer valid. 7 ) I also told the supervisor that Capital One have been acting negligently and illegally by loosing documentation ( as happened with the letter that I submitted on XX/XX/XXXX ) as well as by providing false and misleading information ( as happened with the chargeback letter submitted by Capital One on XX/XX/XXXX, or by not providing a written response in a timely or prompt manner at all ). 

Please investigative this issue and dont hesitate to contact me when deemed necessary.

Company response to consumer: Closed with monetary relief