Consumer complaint received 2021-07-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
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 booked a group vacation with XXXX based, XXXX XXXX XXXX XXXX on XX/XX/XXXX. I was scheduled to travel to XXXX with them on XXXX *all dates are in XXXX format to match with my receipts and emails sent by XXXX XXXX. 



I made two payments using my Capital One Credit Card - card ending XXXX USD XXXX - XX/XX/XXXX USD XXXX - XX/XX/XXXX *Please see the attached Flash Pack receipts of payment with the confirmed dates of trip Flash Pack postponed my trip on XX/XX/XXXX, due to Covid travel restrictions. As you can see from the email, my trip was rescheduled to XXXX of XX/XX/XXXX. I was also given a refund credit note which was due to expire on XX/XX/XXXX. It was made very clear to me that if I didnt use the voucher, I would have been fully refunded. 



*Please see the refund credit note sent by XXXX XXXX which expires on XX/XX/XXXX. 



*Please see the email sent by XXXX XXXX on XX/XX/XXXX Flash Pack went into administration and became bankrupt on XX/XX/XXXX. It was at this stage I became aware that I would not receive the services that I paid for. 



*Please see the attached email sent to me by the insolvency practitioners, XXXX XXXX XX/XX/XXXX, informing me of the administration. 



Under the Fair Credit Billing Act it is my right to claim a refund when the service I paid for is not received due to a company 's bankruptcy. 



I attempted to open up a chargeback dispute in XXXX of XXXX using the Mastercard chargeback code : XXXX for credit - Merchandise services not received. 



Initially, Capital One opened up the dispute but later refused to accept it. 


I am informed from my bank, that the reason for this is that XXXX XXXX merchant acquirer XXXX challenged my dispute with Capital One on the basis that I may have been told that I was protected by Flash Packs financial failure insurance on their XXXX XXXX XXXX which is incorrect. 

I am informed that the financial failure insurance was always in place for XXXX XXXX customers but from XX/XX/XXXX Flash Pack were able to insure every customer globally and they changed the XXXX XXXX XXXX to reflect this on XX/XX/XXXX. As I booked before this time, I am not insured or protected by any other method. 



When the challenge was flagged by my bank, they should have given me an opportunity to show them evidence that clearly shows that I am not insured. I would have been able to submit the XXXX XXXX XXXX relevant to my booking which clearly shows that the financial failure insurance was for XXXX customers only. I would have also submitted a flowchart provided the insolvency practitioners, XXXX which was sent to all XXXX XXXX customers. XXXX informed me that this flowchart was agreed and approved by XXXX themselves. Please see the red box in the bottom-left corner clearly showing that the insurance is for XXXX customers only. 



*Please see the attached XXXX XXXX XXXX  that are relevant to my booking *Please see the flowchart provided by XXXX Please see the email from the insolvency practitioners XXXX showing XXXX I am not protected by insurance Please see the email from the financial failure Insurers Towergate clearly showing that I am not insured I have been informed by the insolvency practitioners Fortis that XXXX credit card paying customers should go to their banks for a refund. The XXXX Government backed XXXX XXXX XXXX are advising me to do the same via this letter ( see attached ).

Company response to consumer: Closed with monetary relief