Consumer complaint received 2022-01-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
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:
XX/XX/2021 Capital One XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX In Re : Case # XXXX Disputed Amount : {$4900.00} Merchant Name : XXXX XXXX XXXX 

To Whom It May Concern : XXXX XXXX ( XXXX ) response to my previous request does not accurately represent the services ( not goods ) that I purchased pursuant to the service agreement ( enclosed for your consideration ) and which XXXX failed to provide me as set forth in further detail herein. 

First, pursuant to section 1.1 of the service agreement XXXX was supposed to set up two ( 2 ) accounts, one for each business that I own, for which they were to provide services to. More specifically, the services that XXXX was supposed to provide to the two accounts were XXXX XXXX Services by way of : 1. Content Removal ( for negative reviews that were unverified ) ; and 2. Customer Surveys ( to obtain more positive reviews from my customers ). 

From the inception XXXX was deficient and unable to set up the two ( 2 ) accounts as required by the service agreement. As of date only account was set up. This is confirmed by the fact that I was charged two separate {$120.00} activation fees, one for each account ( see PAYMENTS AND TERMS set forth in the services agreement ). As such, only partial services were provided with respect to setting up my accounts in because only one account was set up, despite being promised that two would be created pursuant to the services agreement. However, even the one account that was set up never received the services as agreed upon despite my repeated attempts to resolve the issues with XXXX via both telephonic and electronic communications to XXXX ( see electronic communication enclosed ). 

More specifically, pursuant to section 1.1 XXXX was to locate negative reviews, targeting those that appear on XXXX, XXXX, and other plat formsandrequest [ those platforms ] to review and remove those reviews. Unfortunately, XXXX failed to challenge any of the thirteen reviews they listed despite my repeated attempts to advise them of their defaults under the services agreement and their representation in the service agreement that they will execute all available legal and commercial solutions for the removal of negative content. Thus, XXXX position set forth in their response, to wit, that the services they provided were received in good condition is completely contradicted by the fact that their own account statement reflects otherwise ( see screen shot of my account ). Again, this is for only one account and not the two that XXXX should have created pursuant to the services agreement. 

Further, pursuant to Sections 1.2, 1.3, and 1.4 XXXX was to provide me the ability to upload my database of customer emails for XXXX to send customer surveys to for the purposes of accumulating more positive reviews to offset any negative reviews that remained on the platforms they represented they would search. However, despite my repeated attempts to apprise XXXX of their deficiencies they were never able to overcome their technical limitations to import many of our customer emails for the scope of services previously outlined herein ( see electronic communication confirming XXXX failure to import customer emails ). As per the recording of my call with XXXX on XXXX XXXX, XXXX customer service representative admits in the phone call at minute XXXX that they were unable to provide the services as agreed to in the service agreement. Unfortunately, Capital Ones online submission portal does not accept audio files, but I can provide a copy of the same upon request. 


Further, XXXX position that I was required to solely communicate with them via electronic communication is directly contradicted by the service agreement itself where no such provision mandates that my communication with them ( including to their customer service department ) be made solely by electronic communication. Thus, any argument suggesting otherwise is disingenuous at best and in nothing more than a veil attempt by XXXX to cover up their own failures to provide the services as set forth in the service agreement. 

In addition, Capital Ones request that I obtain a second opinion on company letterhead from another merchant in the same field that states how the service was defective is unreasonable and/or unwarranted for a variety of reasons. Most importantly, but not limited to, that to do so would place an unreasonable burden on my time to locate a similar company to that of XXXX and cause me to incur additional expenses in having to hire said company that I will never recouped solely to provide such an opinion letter at Capital Ones request. Rather, I respectfully submit that if any party to this dispute should be under an obligation to obtain such an opinion letter that it should be XXXX in light they, as current operators in their industry, could easily locate a competitor to do so given their respective industry knowledge. 

In summary, I never received the services provided in the service agreement as previously set forth herein despite my numerous attempts to resolve those issues with XXXX prior to directing Capital One to charge back XXXX. As such, I respectfully request that the chargeback of {$4900.00} be credited to my account as XXXX never provided the services that I had paid them for. 



XX/XX/2021 Capital One XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX In Re : Case # XXXX Disputed Amount : {$4900.00} Merchant Name : XXXX XXXX XXXX 

To Whom It May Concern : In accordance with your XX/XX/2021, letter requesting more documentation concerning the instant dispute with XXXX XXXX ( XXXX ) I have enclosed the following pursuant to your requests : 1. A second opinion letter from XXXX XXXXXXXX XXXX XXXX XXXX ( XXXX XXXX ). 

The XXXX XXXX letter confirms that XXXX conduct not only deviated from the industry norm with respect to the services they were supposed to provide me, but unable to do so, but completely departed from the terms in the contract that I entered into with them to provide reputation management services. More specifically XXXX XXXX confirms in its conclusion of their review that XXXX could not even provide the basic level of services that they already set up for XXXX account let alone the second account that they failed to set up all together. Further, XXXX XXXX sums up XXXX failures to remedy the issues at hand when their review confirmed that rather than employing remedies and methods to remedy its numerus defaults, elected to stonewall XXXX XXXX once his dissatisfaction with their performance and requested a refund. 

Please understand that I wanted the services according to my contract with XXXX and tried to work with them to remedy their inability to provide those services as set forth in more detail in my XX/XX/XXXX response that I previously provided to you per your request. However, it would be unconscionable and totally inequitable for me to have to pay for services that I never received let alone an account that XXXX never was able to set up due to their own internal issues and/or incompetence. Please see my XX/XX/XXXX response for further detail should you need to do so. 



To aid you in your final review of this matter I have enclosed the following documents that were previously provided and uploaded to your system in response to your XX/XX/2021, letter request : 1. The contract of the services agreement ( there was no formal sales invoice provided by XXXX ) ; and 2. My XX/XX/XXXX detailed letter that addresses the issues with XXXX in great detail and their inability to provide services and/or remedy those issues as set forth in the services agreement as well recounting the many times I sought to address and rectify the issues with XXXX, but where they failed each time to do so. 

In summary, I never received the services provided in the service agreement as previously despite my numerous attempts to resolve those issues with XXXX prior to directing Capital One to charge back XXXX. As such, I respectfully request that the chargeback of {$4900.00} be credited to my account as XXXX never provided the services that I had paid them for, and this matter be marked final as I have gone through great length and expense in having to respond to XXXX completely bogus and erroneous claims to the contrary.

Company response to consumer: Closed with monetary relief