Consumer complaint received 2018-11-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
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:
This is a continuation of the original CFPB Complaint XXXX. The response from Capital One states a response was received from me on XX/XX/2018. My response stated the merchant offers a 45-day return policy for Elite Plus Members,  which I am eligible for. I attempted to return the merchandise within that time frame, but the merchant would not accept the return. Based on your response, we issued a temporary credit for the disputed amount and mailed a letter requesting additional information by XX/XX/2018. We did not hear from you, so we rebilled the charge on XX/XX/2018. 

This has several discrepancies and fails to acknowledge several key points. On XX/XX/18 I spoke with XXXX ID : XXXX who informed me the dispute was still open but a provisional credit was not issued because it was the 2nd dispute. She stated proof of attempted return had not been received. Which I informed her it indeed had been. All documents were actually submitted back in XX/XX/2018, but capital one saved them under a different dispute number for XXXX XXXX. She finally found the return denial receipt. Stating it was not valid as it was not signed. I informed her, it was indeed signed digitally. There was a unique transaction which identifies the specific transaction with date, time, location and result provided. She further stated supporting documents were received again on XX/XX/18 but the case was closed on XX/XX/18. The case was closed despite being resubmitted on XX/XX/18 to which the merchant did not reply. At this time a Capital One dispute manager initiated a 3-way call with the merchant to verify the item was returnable, which the merchant verified and stated they were unsure why the return was denied. So Capital One was provided the necessary information directly from the merchant, as well as myself. Despite receiving all requested information and the merchant failing to respond to the dispute Capital One closed the case. Yet on my routine calls to inquire about this case, I was continually told by Capital One the case was still under investigation. Case # XXXX was created by XXXX. 

On XXXX-18 I spoke with XXXX ID : XXXX who refused to honor the previous agent 's commitment to honor the dispute back in XXXX, but admitted this was still under investigation and I should have been charged interest, penalties or fees. She then removed all interest and fees but was unable to do anything about the negative late payments reported to the CRA 's. 

Continually Capital One has stated they did not receive the information needed from me. However, they had indeed received it just misplaced and filed it under a different dispute number. Agents were continually able to find the documents after making them search for them while on the phone. Additionally, Capital One agents continually informed me the dispute was still under investigation. To which I did not pay the balance on the card which was only the charge disputed. Even worse, on 3 different occasions, Capital One initiated phone calls to the merchant verifying the needed information. On each of these calls, they verified the item, purchase price, the attempted return date, as well as the return denial directly with the merchant. Stating a lack of information necessary to process this claim, therefore, is not accurate. What Capital One did not receive was a response from the merchant regarding the dispute. 

Capital One continues to state. " Please note, although there were disputed transactions on the account, you were still responsible for making a payment towards the undisputed balance on your account. We did not receive the minimum payment, and this is why your account was reported as past due to the Consumer Reporting Agencies ( CRAs ). '' Capital One did not receive the minimum payment due because the entirety of the balance due was the charge under dispute. Requiring a payment on a balance under dispute is in violation of Fair Billing Practices Act. Yet, Capital One clearly states they have violated this law in their response. Furthermore, Captial One admits to refunded interest and fees for the disputed amount, yet refusing to correct the information reported to the CRA 's. 

I have also on 4 different occasssions requested Capital One provide me with all documents related to their investigation of this dispute both in writing and over the phone. Yet have failed to receive them. The only response I've gotten to this request is Capital One agents refusing to provide the documents while speaking on the phone. 

Capital One finally escalated this dispute to the executive resolution department despite my requests on XX/XX/18, XX/XX/18, XX/XX/18 to name a few. Where the managers I was speaking with ( XXXX : XXXX, XXXX : XXXX and others ) all informed me they were escalating the case above them to their managers who would be calling me within 24 hours. I have yet to receive a call from any of these escalations. 

XXXX, from Capital One, did finally reach out to me in response to my initial CFPB complaint. However, she made a single phone call failing to leave a message and closed the case without ever having spoken to me. Due to her failure to leave a message I had no idea this had been escalated, no clue I needed to call Capital One back and no way to actually contact this agent. This was verified by Capital One at which time I requested the case be reopened and assigned to another member in the Executive Resolution Team. It was reassigned to XXXX, who I have left voicemails for on XX/XX/18, XX/XX/18, and XX/XX/18 but have failed to receive a response. On XX/XX/18 I spoke to XXXX in the executive resolution department who informed me XXXX was in the office but unable to speak with me at this time. 

On many occasions, Capital One has failed to abide by applicable laws and regulations and has refused to even truly investigate or provide requested documentation. I have repeatedly provided all requested documents, spend over 100 hours to date on hold and on the phone with Capital One attempting to correct this without ever getting any actual resolution. Just asked to wait for calls back which never come.

Company response to consumer: Closed with explanation