Consumer complaint received 2018-06-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
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 reported as fraud the purchase of {$610.00} and {$190.00} to XXXX XXXX   and XXXX XXXXa which posted onXX/XX/XXXX and XXXX  on my account, respectively. My credit card had been taken by an individual whom I was living with at the time. My Capital One credit card had been locked at the time. The individual who took my card, and was later confirmed by a fraud department supervisor, that they had received a call from a number not known to be on my account, the individual supplied their own information and was able to have the account lock lifted despite not being an authorized user.

I had received an account credit for this on the basis of the employee failing to secure my account to unauthorized access and was advised they would be disciplined for such a lapse. I started receiving calls from an investigator, XXXX, from the Capital One Fraud Department for a call back about a recent claim, meanwhile these calls only started coming in over a month after the claim was filed and I had already received my credits. I attempted to call back this investigator multiple times unsuccessfully but later spoke with a representative who had connected me with an Account Services Specialist who did affirm there were no issues related to my account as related to fraudulent transactions or any other factor. This investigator at no time left a coherent message that I could understand nor attempted to send written correspondence to attempt to contact me regarding additional information.

I signed into my account online for a routine check to find out that these charges were reapplied without my knowledge today,XX/XX/XXXX. I called and spoke to another supervisor who transferred me to a department manager who would not answer the majority of my questions related to re-opening this investigation as their investigation clearly did not take into consideration their security lapse and only focused on the residence of the suspected individual. He insisted I contact law enforcement and submit documentation to this effect yet did not make any guarantees this would result in an outcome where I am not stuck with a total of {$810.00} in unauthorized charges. In fact the original supervisor who processed my complaint affirmatively stated no further action on my part would be required.

I pressed the manager for information specifically related to the investigation process or how the bank would handle an investigation process or cases of fraud. I cited online that online it says I have a {$0.00} liability and that I did not see anything in my Terms and Conditions related to this process before I had signed up for the card. The manager initially refused and then was unable to find anything in the paperwork regarding this as well.

Only after 2.5 hours on the call was I provided partial information for the Executive Resolution Unit that I would apparently have to appeal for. Capital One 's position is that because I know the individual, there is nothing I can do and citing almost verbatim the words of the manager, I would be XXXX out of the money. My position is that Capital One 's egregious security violation, in allowing an authorized person to supply their own information with my credit card number to lift a lock I placed, approving such a transaction, posting publicly available on its website that there is a {$0.00} liability protection and then unable to find any terms and conditions related to an apparent inability for the bank to act to shield its client constitutes a violation of the terms of contract and Capital One being directly responsible for why those charges were processed to begin with.

Company response to consumer: Closed with explanation