Consumer complaint received 2019-09-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH
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: Card was charged for something you did not purchase with the card

Complaint:
My wife and I attempted to reserve a room online with hotel XXXX XXXX on XX/XX/XXXX for a stay date of XX/XX/XXXX to XX/XX/XXXX. The total of {$1100.00} was declined and the reservation was never completed. My wife and I chose to go with a different location. 

-On the late evening of XX/XX/XXXX, XXXX XXXX XXXX sends an email stating they were unable to confirm the reservation due to the declined card. My wife replied to the hotel on XX/XX/XXXX that the transaction didn't go through and we would be staying somewhere else. Explicitly stating to the hotel not to charge the declined card. 

-XX/XX/XXXX, after notification we wouldn't be staying with XXXX XXXX XXXX and request not to rebook a room, the hotel charged our prior declined card without our permission and books a non-refundable room. XXXX XXXX XXXX charged our credit card twice for {$1000.00} and {$180.00} to the sum of {$1200.00}. We contacted the hotel, and they refused to cancel the reservation that was made without our permission or refund the money from the account. We then opened a dispute with Capital One. 

- Almost two months go by with no update. After my would be stay date, I was contacted by Capital One to notify us that we lost the dispute and asking for more information. The reason given for the lost dispute, was that the merchant provided a receipt for a non-refundable reservation. The receipt provided by the merchant provided to Capital One they are claiming as un-refundable is listed as made on XX/XX/XXXX. The merchant claims that the purchase made on XX/XX/XXXX was agreed upon and non-refundable. The conversation proof shown in the emails provided proves that we indeed did not approve the XX/XX/XXXX reservation. After providing copies of emails with the hotel claiming they were unable to originally make the reservation, transaction history, the time and date of emails, and the companies refusal to cancel the fraudulent reservation they made without my permission, the case was put in the Fraud Division 's hands at Capital One. 

-I called Capital One 's Fraud department to follow up on the investigation. The fraud department notified me that they completed no investigation because since we had prior contact with the merchant, it was no longer fraud, despite them using our card without our permission. I was then notified on XX/XX/XXXX that my case was being moved BACK to disputes. The total of XXXX and {$180.00} was then recharged back to my account, despite it still being disputed. 

-After contacting disputes for the second time, I was notified that I would need to provide the same information that I had provided to fraud. When questioned regarding the {$1000.00} and {$180.00} charges, I was notified that it would not be removed from the account this time and would accrue interest if left unpaid. If the dispute was found in my favor, I would not be charged for the disputed amount. I was asked to resubmit a letter detailing the events in my dispute. I submitted the new cover letter and information as asked and am waiting to hear back. 

-My case has been bounced around departments at Capital One with only the most recent person on the phone able to give me a true real description of my case history. This case has been going on for almost 3 months. This should be an open and shut case in which the hotel used my card without permission and signed me up for a reservation I did not approve. The hotel stated themselves they were unable to originally make a reservation and made another one against my will. To some point, I feel Capital One is not supporting me in this dispute. I did not stay with this hotel and I should not be held liable for any interest, or payments made by this hotel due to these fraudulent transactions..

Company response to consumer: Closed with monetary relief