Consumer complaint received 2022-03-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: VA
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:
I am having an issue with my credit card company, Capital One, regarding a dispute I filed with them for a charge by the XXXX XXXX. The details of the dispute are described below in chronological order, and documentation showing our interactions are attached as well. This issue has been going on for quite some time ( initiated XXXX XXXX, XXXX ) and Ive had multiple interactions with the XXXX and Capital One. As the record indicates, Capital One has displayed both a lack of effort to comprehend the nature of the dispute and bring it to conclusion, and a tendency to make incoherent demands ( e.g. that I provide proof I did not authorize fraudulent charges, rather than demanding the merchant provide evidence that I did ). 

The history of events is this, with exact dates provided when known : ( 1 ) I booked a stay at the XXXX XXXX through a third-party called XXXX on XXXX XXXX, XXXX. The stay was from XXXX to XXXX, for {$1300.00}. This amount is not in dispute. 

( 2 ) I checked into the XXXX on XXXX XXXX, XXXX, and provided my credit card, signature, and authorized a {$600.00} security deposit. The XXXX can verify this is their standard policy for guests. 

( 3 ) I ordered {$73.00} worth of room service during my stay, which I authorized to be placed on my credit card. This is the only charge I authorized during my stay. 

( 4 ) I checked out of the XXXX on XXXX XXXX, XXXX, using an automated kiosk. I was instructed to drop-off my key, and nothing else. I was not asked to authorize any additional charges. 

( 5 ) After my departure, a charge appeared on my credit card statement for XXXX XXXX, XXXX, in the amount of {$570.00}. After calling the XXXX to inquire, they informed me this charge is itemized as follows : {$73.00} in room service ; {$240.00} in mini-bar fees ; {$250.00} in resort fees. The mini-bar fees and resort fees were not authorized. 

( 6 ) I called the XXXX to dispute the mini-bar and resort fees on XXXX XXXX, XXXX. 

( 7 ) I did not use the mini-bar at any point during my stay. The XXXX agreed to credit my card for {$240.00}, and this amount is no longer in dispute. 

( 8 ) I did not authorize, nor was I informed of, the resort fees. Rather than crediting me this amount, the XXXX said I should contact the third-party about these. When I reminded them the charge is from the XXXX, not the third-party, they said they cant remove resort fees, but couldnt explain why. At this point I filed a dispute with Capital One. 

( 9 ) Capital One immediately issued a temporary credit for {$250.00}, the amount in dispute. 

( 10 ) On XXXX XXXX, XXXX, Capital One responded and demonstrated that they had not understood what was in dispute. The attached letter dated XXXX states they were reversing the credit they had given me for {$240.00}, because the XXXX had already credited me this amount ( for the mini-bar ). To reiterate points ( 7 ) - ( 9 ), the mini-bar charges were not in dispute, and Capital One never credited my account {$240.00}, making their response entirely incoherent. 

( 11 ) A second letter was sent by Capital One on XXXX XXXX, XXXX, stating they were crediting my account for {$12.00}, stating I had disputed this amount. First note I had not disputed this amount. Second, while it appears this may have been attempt to fully reverse the credit provided to me of {$250.00} on XXXX, since thus far theyd only charged me {$240.00} ( and {$240.00} + {$12.00} = {$250.00} ), this actually makes no sense. If this was the intention of Capital One, they would have charged me an additional {$12.00}. Finally ( and most importantly ), neither a credit nor a charge of {$12.00} appeared on my account. Capital Ones letter was in error. My credit card statement is attached, validating this. 

( 12 ) I tried explaining the multiple clerical errors to Capital One via a phone call on XXXX XXXX, XXXX, and was told I would need to submit a letter to restart the dispute. 

( 13 ) I submitted a letter shortly after this conversation, which is attached. 

( 14 ) The response from Capital One came via letter on XXXX XXXX, XXXX, stating they can not assist further because I had not provided the previously requested information. No specific information had been previously requested, so I called them to ask what they needed. They said they needed proof I did not authorize the resort fees of {$250.00}. I tried explaining the logical fallacy of proving something did not happen, and that the responsibility lies with the XXXX to provide evidence I did authorize the charges. By Capital Ones policy, the XXXX can charge anything they want, for any services not provided, and place the onus on the credit card holder for proving these charges are not valid. The representative I was speaking with said they understood this to be the case, but had no decision authority and told me to submit another letter to restart the dispute. 

( 15 ) I submitted the letter dated XXXX XXXX, XXXX, which again explained the situation. On XXXX, Capital One credited my account {$240.00} in order to reverse their erroneous charge from XXXX, and the case was reopened. 

( 16 ) Capital One responded on XXXX XXXX, XXXX with a letter and accompanying documentation from the XXXX, but sent another letter on XXXX ( backdated to XXXX ) stating to disregard their response. I will address it anyway, as its revealing. They stated the case was closed because the XXXX had provided evidence that I authorized a charge to my credit card of {$570.00}. This documentation also shows the {$600.00} security deposit I authorized upon check-in ( refer to point ( 2 ) ). The documentation contains one signature of mine for these two transactions that occurred on different dates ( upon check-in for the security deposit, and upon check-out for the {$570.00} ). Clearly, I could not have authorized both. Further, XXXX own actions acknowledge that the charge of {$570.00} was invalid : they credited my {$240.00} of this amount for erroneous mini-bar charges. 

( 17 ) Also on XXXX XXXX, XXXX, Capital One charged by twice in the amount of {$240.00}, and credited me once for {$240.00}. 

( 18 ) After Capital One instructed me to disregard the letter described in ( 16 ), they sent a letter on XXXX XXXX, XXXX, backdated to XXXX, with the exact same contents of point ( 10 ). 

( 19 ) I sent another letter, dated XXXX XXXX, XXXX, responding to both letters described in ( 16 ) and ( 18 ), stating the above-mentioned facts and asking the dispute be reopened.

( 20 ) Capital One responded on XXXX XXXX, XXXX, with a form letter containing identical contents to that in ( 14 ) ( that previously requested information had not been provided ). I assumed this was a clerical error, so resent my latest letter, with an added note on what I thought was a clerical error. 

( 21 ) Capital One responded twice on XXXX XXXX, XXXX, with identical letters to that described in ( 20 ). Each was backdated to XXXX. At this point I called them, reiterated all the details of the case, but was ultimately told the back office does not talk to customers, and the customer service representatives were just following guidelines. 


I have attached a single document containing all letters between me and Capital One in chronological order. Note that one of the letters Capital One sent dated XXXX XXXX, XXXX, contains the documentation provided by XXXX, which proves I only authorized the {$600.00} security deposit and not the charge of {$570.00} ( as explained in point ( 16 ) ). Also attached is a document from the XXXX itemizing what they charged me for ( as explained in ( 5 ) ), and my credit card statement dating back to the origins of this dispute. All transactions mentioned in my above description are highlighted on the statement. 

I think its clear Ive been mischarged, and mistreated by Capital Ones lack of effort to understand the details of the dispute and respond coherently. While not the most important part of this situation, its worth noting that after all charges from the XXXX and purchase adjustment by Capital One, Ive been charged a total of {$73.00} + {$240.00} = {$310.00} ( refer to my credit card statement, and all highlighted charges ). Even if the resort fees were valid, this is the wrong amount. Again, I must highlight Capital Ones total incompetence in settling this dispute. 




Very Respectfully, XXXX XXXX

Company response to consumer: Closed with explanation