Consumer complaint received 2022-09-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WA
Product: Checking or savings account
Sub-product: Checking account
Issue: Problem with a lender or other company charging your account
Sub-issue: Transaction was not authorized

Complaint:
On XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX with a layover at XXXX XXXX in XXXX, IL. While in the airport, I attempted to use my XXXX XXXX debit card to buy a beverage. It was declined. Prior to leaving for my trip, I had over {$1000.00} in my account. When I checked my XXXX XXXX bank account after my attempted purchase was declined, I had {$1.00} left in my checking account. I called XXXX XXXX to find out why {$930.00} was withdrawn from my account. They told me Capitol One applied a debit to my account for unauthorized transactions. I immediately report to XXXX XXXX that Capitol Ones debit to my account was unauthorized and the money needed to be applied back to my account immediately. They told me they couldnt do that as it was Capitol One that took the money out. I was instructed to file a dispute with XXXX XXXX fraud department by sending screenshots and an explanation as to why the charges were authorized. In a letter to me from XXXX XXXX dated XX/XX/2022, they said Capitol One notified them that the sender of the XXXX XXXX transfers I received on XX/XX/2022, XX/XX/2022, and XX/XX/2022 in the amount of {$300.00}, {$80.00}, {$200.00} and {$500.00} were reported to them as fraudulent or unauthorized. There wasnt enough money in my account apparently for them to deduct the full amount, so XXXX XXXX said they deducted {$930.00} from my account, leaving {$1.00} in my account. 

They told me to contact the person who agreed to send me money to resolve any payment issues. I contacted the person on XX/XX/2022 and we called Capitol One together since they wont speak to me since I dont have an account with Capitol One. 

Called Capitol One on XX/XX/2022 with their account holder on the phone to verify that he did in fact authorize those charges. Capitol One told us that they denied his initial claim of the charges being unauthorized and therefore never put the money back into his account. Capitol One also didn't send the funds back to me, the person whose account they took the money from. According to XXXX XXXX, Capitol One has the money sitting in a settlement account and needs to get the money back to me. XXXX XXXX gave me an ACH TRACE ID, XXXX, to provide Capitol One to trace the money to get it back to my account. They said they would submit the request to trace the money and get back to their account holder with the status in 2 business days. I do not know if he ever heard back from them. The communication between me and their account holder is limited as he has a no contact order from a judge in XXXX XXXX XXXX, WA and is no to be in contact with me for 5 years. As a result, this is difficult for me to resolve on my own since I don't have a Capitol One account, yet they are holding the money that was transferred to me in XXXX that was in fact authorized, which the account holder also confirmed and agreed he did authorize. 

As of today, XX/XX/2022, I, XXXX XXXX, still do not have the money back in my account. 

I notified XXXX XXXX on XX/XX/XXXX that the deduction of the money from my account was unauthorized and the person did in fact authorize the XXXX transactions to my account and I have proof via many prior XXXX transfers made to my XXXX XXXX account from him as well as text messages showing his intent to pay and admission that he paid. According to Capitol Ones customer service, they denied his claim and never put the money back in his account to begin with. But again, they still havent returned it to me. 

It appears to me, XXXX XXXX, that both XXXX XXXX and Capitol One may be in violation of banking regulations since I reported this to both XXXX XXXX and Capitol One on XX/XX/2022, yet Capitol One probably has no record of this since they wouldnt speak to me not having an account there. 

How do I get my money back since XXXX XXXX says it's up to Capitol One to return it to me, but Capitol One won't speak to me not having an account there? Also, how will these banks be held responsible for not following the guidelines that are listed on your website to resolve this in a timely manner after I reported it ( the day the money " disappeared '' from my account )?

Company response to consumer: Closed with explanation