Consumer complaint received 2020-02-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XXXX XXXX, 2020, I deposited a check from XXXX XXXX XXXX Operating Account, XXXX XXXX XXXX, XXXX XXXX, XXXX , GA XXXX ; check number XXXX XXXX XXXX , XXXX , GA XXXX Date XX/XX/2020 in th amount of {$10000.00} into my CapitalOne360 account. Email Response was to hold onto check until it cleared. Later that evening I received another Message from CapitalOne saying the check had cleared and I could destroy it. I did not detroy it. I called CapitalOne customer service and the agent told me the check was indeed good and the money was in my account. When asked it that money could be reclaimed, he assured me it could not. Per instructions, I did contact XXXX XXXX ( the buyer ) to report the check had cleared and to receive more information. She instructed I go to XXXX and get blank Money Orders For {$1000.00} and {$400.00} and then go to postoffice and she would send name and address of the recipient. XXXX refused to sell Money Orders, fearing this was a scam. I then again called Capital One customer service and asked the agent if the check was cleared and if that money could be reclaimed in any way. Again I was assured it could not. Based upon this information, I proceeded to follow Ms XXXX 's directions and rchased money orders for {$1000.00} and {$400.00} and send it to XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, Indiana and I complied.This money was the difference in the asking price of the van ( {$8500.00} ) and the {$10000.00} check. 

The following day I received a message from Ms. XXXX that her husband 's mother had died making it necessary to cancel the sale. She then instructed me to go to XXXX XXXX and purchase {$5000.00} money order for refund. I refused to go to XXXX XXXX that night and told her I would go to Post Office in the morning to complete the transaction. There I purchased 5 {$1000.00} money orders and sent {$1800.00} through XXXX to XXXX. The money orders were to be sent Overnight Priority Express to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXXThis was Saturday and I complied. On Monday my husbank checked our bank account and found we were overdrawn $ XXXX+. Review of the transactions revealed the {$10000.00} was deducted from our account. I then contacted Capital One 360 Customer Service and asked them to explain. I had been told by two different agents there was no way that money could be recalled Customer Service Agent responded the check was fraudulent, and their customary banking process did not check for a fraudulent check and there was nothing the bank could do. A second call to customer service gave the same response. I then advised the agent I was guaranteed two times that the money could not be removed from my account. My actions thereafter were based on this assertation. He again said the bank was not liable for fraudulent checks and I would be charged 12.5 % interest on the overdrawn balance. 

I maintain all of my actions were based on the two customer service agents ' responses to my question whether that money could be reclaimed. The money was reclaimed and the bank assumes no responsibility for the incorrect, incomplete information provided by their customer Service Agents. 

I have filed a police report and that resport is to be turned in to a detective who will be in touch. I have not heard from that person yet.

Company response to consumer: Closed with explanation