Consumer complaint received 2020-06-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Checking or savings account
Sub-product: Savings account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/XXXX I attempted to withdraw funds from my account thru my ATM. I could not, I went into the branch attempted to withdrawal . Teller told me there was a hold. Teller attempted to remove the hold  couldn't. Branch manager attempted and failed as well. Branch manager called corp. office and gave me this # to call. XXXX to call. I spoke to a rep which advised me there is a hold request from XXXX. I asked why and for what? She told me back in XXXX I wrote a check to Capital One for $ XXXX. I told her yes, I transferred my savings over. I asked her they have had my account on hold for 6 yrs?!? Apparently so, she replied, I asked how long do they plan on holding it, why wasn't I alerted? You can't just hold my $ forever. She comes back and informs me if I get a letter of indemnity they'll release my funds. I asked and from getting the letter how soon would I have access? She tells me maybe a week, a month a yr. Its up to the dept. and what it rules. I call right back after I researched what a letter of indemnity is. I get another rep, explain all. I ask her since they are my bank can they contact XXXX on my behalf for this letter. Plus this letter makes no sense. Who is going to sue them? I'm the only party, I'm going to sue them for allowing access to my . She told me no, the burden is on me and the sooner I get the letter the sooner my funds will be available. Since Friday is a big banking day I gave myself the weekend to tackle this again. 

On XXXX XXXX I called Capital One. I got a rep ( XXXX ) I asked for his last name and he told me I couldn't have it. So, I requested a manager or someone who's last name I could have. XXXX made me confirm who I am and XXXX asked if he could hear my issue before handing me off to a supervisor. I told him what happened to me last Wed speaking to both reps and how they have me running after a letter. You're my bank but I'm doing all the work. I asked again why my account is on hold, he told me XXXX requested the hold. I advised him Capital One has NO legal right to hold my $ and if they have one,  I want it on paper. I told XXXX there is no civil lien on the account, if there was a fraudulent case, where are the investigators, where is the crime? The statute of limitations, has also passed, its past the XXXX of XXXX as well. Plus, what does this letter do, it protects you from getting sued, the only party is me, who is going to sue you, me? So, I give permission and I'll write the letter. I said if they don't want my $ or afraid its fraud, give it back to XXXX then. XXXX tells me, everything is true and up and up and logical. Give him 3-5 minutes XXXX is going to lift the hold. XXXX comes back and tells me he isn't authorized to release the hold, XXXX has to transfer me to his supervisor. XXXX tells me his supervisor is up to date on my ordeal. XXXX tells me his supervisor 's name is XXXX. I ask for his last name he said he can't give me that but he can give me his employee # XXXX. So, I share all the legal jargon with XXXX. XXXX tells me without a letter of Indemnity or a ( HHA ) Hold Harmless Agreement he is not taking the hold off the account. I attempt to hit XXXX with logic, that the only party that can sue is me, why would I sue for giving myself access to my own $? I ask I want a letter from him on Capital One on letter head, what legal right does he have to hold my funds? XXXX advises me he doesn't have to do that. I get into him asking what if my funds didn't fall to $ XXXX, would they be held for 10-20 years? XXXX answer was, most likely, the hold isn't just going to fall off. I asked what if I died? I have a will, how are these funds going to my loved ones? XXXX tells me, he doesn't deal in hypotheticals. XXXX tells me, he'll gladly stay on the line with me for as long as I'd like but no matter what I say XXXX is not taking a hold off without the letter or an HHA. I ask him if/when I get this letter how long before I have access to my funds? XXXX goes on to tell me, we get the letter, it goes thru proper channels, it gets approved the $ will be returned to XXXX. Then it's up to XXXX how long they will hold it for, figure 3-5 days after we send it back. That's completely off what the 3 reps told me prior. All 3 reps claimed I would have access to the $ on Capital One side. XXXX tells me they are mistaken, he's the supervisor, funds will be returned to XXXX. So, I tell him all 3 reps were trained incorrectly!?! One was about to release the hold minutes ago, and give me access, he didn't say anything about funds returning to XXXX!?! XXXX tells me, he's the supervisor. The $ will go to XXXX, as we call it in the banking world, it's a recall wire request. I tell him ok, don't care which bank gives me access as long as I have access. 
Shortly the call ends. So, in frustration I don't take the drive to the branch. Way too hot out so I call XXXX XXXX XXXX. 

XXXX I get a rep, XXXX, give XXXX the same run down. XXXX tells me he can only go 5 years back and there are NO notes on the account of any fraud requests or holds. XXXX suggests, speak to check fraud dept. tells me he'll hold on the line with me till they p/u. XXXX gives me his 2 cents that he's never heard anything like this. XXXX XXXX heard accounts on hold but good or bad 30 days the most. Never heard of a letter of Indemnity or HHA. In his opinion he asks if I personally know the branch manager? I tell XXXX no. XXXX asks me, paint the picture, I'm going to tell the branch manager for this letter, no history, most likely they'll call us in corps. to validate your story, we can only go back 5 years. You took majority of your savings gave it to another bank now you want us to do you a favor write a letter to have access to your bank? Why would XXXX? How does it benefit XXXX to write this letter and open themselves up for legal action? I advised XXXX the supervisor said the $ is returning back to XXXX. Now XXXX can see the motivation but it's impossible. I ask XXXX, why? It's 6 years the statute of limitations to pull the funds back are gone. 1st if it was fraud the funds would have been pulled back prior to 72hrs, if not bank has only 14 days max to pull back the funds. That authorization is not going to work 6 years later. XXXX told me go dispute a charge on your credit card from 6 years ago. See how much luck you have? Finally, XXXX from check fraud picks up. I catch XXXX up. XXXX has 18 yrs. in the fraud dept. XXXX has heard of a letter of Indemnity never of an HHA. This is something I'll have to request from a branch but XXXX sees no notes on the account and this is 6 yrs. old. Fingers crossed but doubts a branch can go back deeper than corp. but worth a try. XXXX agrees with XXXX why would a branch manager write one? Probably call corp. no notes on the account. XXXX confirmed, XXXX would be happy to take my $ but they can't retrieve it, the statute of limitations is gone. XXXX brings up valuable points, what if I had closed this account back then or in the past 6 yrs.? XXXX nor any bank can re-open closed accounts. XXXX says even if they send it now it's just going to bounce back to Capital One. I have to write a new check and deposit it. The opportunity to recall funds are gone. Plus, XXXX would not allow Capital one to hold the funds if there was any suspicion, XXXX would be the ones benefiting from the hold not allowing Capital One to be making profits on it the last 6 years. XXXX advised me if XXXX suspected fraud what would happen is, they would not contact Capital One immediately, funds from checks are not cash, they require time to clear. XXXX would call, email me and send a letter to please call to confirm. If they couldn't reach me, they would alert Capital One of the transfer being cancelled. Another letter would be sent out of this to contact XXXX and I'd need to write another check to Capital One. XXXX went on to say if they discovered possible fraud after the transfer was approved and deposited. XXXX would alert me as well with a call, email and letter. XXXX would request the funds returned immediately, they would never allow Capital One to hold the funds and benefit from it for 6 seconds, even less in this case 6 years. Not my words XXXX XXXX  Capital One is holding my $ hostage. What they are doing is criminal! it sounds like this XXXX guy has a vendetta against you. If Capital One believes foul play, they've had 6 years to prove their case. If they are just starting now, too late, they had their chance. I told XXXX Capital One wouldn't give me anything in writing why the account is on hold? XXXX says the burden isn't on you. So, Capital One is benefiting from the funds but they don't allow you access to it?!? XXXX said try requesting a letter, if it fails which it should. Call Capital One speak to this XXXX guy tell him to conference call us in. XXXX # XXXX ext # XXXX says she'll be glad to explain if XXXX requested a hold that request is long gone and dead. XXXX can't accept a wire recall after all this time. If XXXX XXXX intends to bank with XXXX, he needs to place a fresh wire transfer or write a new check. There will be no letter of indemnity because XXXX has no evidence of any fraud request, on the contrary XXXX XXXX is in good standing with XXXX. 

XX/XX/XXXX Go into XXXX, branch manager would write one if they held and benefited from the funds but can't in this situation. I then called Capital One and they refused to be on hold with me to have a conference call with XXXX. XXXX advised me to place a complaint with CFPB because what Capital One is doing is criminal.

Company response to consumer: Closed with explanation