Consumer complaint received 2022-01-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: HI
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, a merchant email me offer to sell me {$2800.00} worth of magic the gathering cards. After some negotiation, we agree on the deal. I sent the payment which is shown on my capital credit card on XX/XX/XXXX for the amount of {$2800.00}. It should be noted the email I use for my capital one bank is a different email I use with the email I use with buying magic cards from this seller. 

On XX/XX/XXXX, I received a package from this merchant, there are cards inside that package, however, the cards are not genuine mtg cards and are counterfeits, they are worthless to me as I do not endorse the regulation of counterfeit cards and I never agreed to pay {$2800.00} for counterfeit cards. So I did not receive what I paid for, and the merchant has breached the contract for not sending me what I pay for. I then contacted capital one and ask them to issue a charge back telling them specifically I did not receive what I ordered. The chargeback was issued on my account on XX/XX/XXXX. The merchant also admits in his email communication with me on XX/XX/XXXX that the cards are counterfeits and he said he is sorry. He then asked if I can mail those cards that I paid him for the order in the amount of {$2800.00} back and he can issue me a refund. 

On XX/XX/XXXX, I shipped those cards for the order {$2800.00} back to the merchant, the tracking number for the return is XXXX XXXX XXXX XXXX XXXX XXXX. On XX/XX/XXXX, the merchant admits he got those cards back from me and he would issue me a refund, but he still did not at the time of this complain. 

What I am complaining here with cfpb is about how capital one mishandles this transaction. After I informed capital one that the item I received when I paid {$2800.00} is not what was agreed on in the term of the sales, which is a breach of sale contract since I agree to pay for genuine mtg cards, not counterfeit cardboards. They issued a charge back on XX/XX/XXXX. Then on XX/XX/XXXX, they put the charge of {$2800.00} back on to my account sighting a reason being that confirmation no cancellation per policy which makes little sense, I talked to capital one and they said the reason is that the seller provided proof of transaction, but the transaction is just the money exchange hands, it does not show that the merchant of this transaction fulfill his duty of the sale and delivered genuine goods which he did not. Also, Capital one did not notify me when they put this charge back on my account first against my wishes, they put the charge back on without discussing with me and then later send me a letter about it, they then asked me to dispute this charge again when they put the charge back on my account on XX/XX/XXXX. I think capital one has already failed from the start given the fact I never agreed to pay {$2800.00} for counterfeit merchandise, I agreed to pay for genuine mtg cards, so I did not agree to this charge of {$2800.00} without the genuine goods being delivered. Capital one also failed and sided with a person who sold counterfeit goods who himself admitted that the goods are counterfeits, rather than take the side of their consumer who was a victim of a scam when they put the charge back on my account on XX/XX/XXXX. Then when I provided capital one with proof of returns including the return with tracking which usps on XX/XX/XXXX which I also provided proof I have responded them to their request for more documents, which the merchant has confirmed he has received the return of those cards, capital one still refuses to process the refund and keep asking me for more documents that makes no sense as of XXXX. They asked me for term of return and refund, since the sales was done over email, the term of return and refund was written email agreement between me and the merchant which I have already provided but then they said they that is not proof, the merchant has admitted the cards were counterfeits but capital one still put charges on my account, aiding in sales of counterfeit goods and violation of intellectual property rights, then even with proof of return capital one still refuse to process my dispute after their failure of putting a charge on my account for genuine good never received from the start. I believe capital one is trying to get transaction fee for their own profit while not following consumer financial protection bureau law on protecting their customer against false credit card charges.

Company response to consumer: Closed with monetary relief