Consumer complaint received 2019-03-19
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
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:
On XX/XX/XXXX, I made a purchase with XXXX XXXX for {$4900.00}. After receiving the shipment, I filed a dispute with my credit card bank, Capital One, regarding the purchase that was in a damaged tampered condition. A Capital One phone agent advised me that by mail Capital One was requesting further information from me, regarding proof of return of the item, in order to provide a refund. This letter was to be sent out and received by the first week in XXXX. I had not received this letter by the expected date. I contacted a Capital One phone agent on or about XX/XX/XXXX and advised them that I had not received the letter with the information needed to continue my credit dispute. I spoke with the same Capital One agent and they said that they would send out another copy of the letter. On XX/XX/XXXX, a letter was received, from Capital One, { attached }, which stated. " Dear XXXX XXXX, Here 's an update on your dispute with XXXX XXXX billed on XX/XX/XXXX for {$4900.00}. We reviewed your request and found that we already responded. Enclosed are copies of that correspondence for your records. If you have any questions, please give us a call at XXXX. We're available from 7 XXXXXXXX to 1 XXXX Et, seven days a week. Sincerely, Capital One Transaction Support Center. '' At the bottom of the page It's states " PAGE 01 OF 01 '' The Capital One agent did not include the " copies of that correspondence ''. I have also attached a photo of the envelope that the letter was sent in. 

After receiving this paperwork, I called Capital One and advised them that they had not sent me the complete letter or the request for documentation to finish my dispute. Because the time to respond was running short and I still did not have the letter on my person, the gentleman on the phone advised me that I just needed to upload proof of the returned shipment, and provide a statement of some sort. I provided proof that the item was returned to sender. { Attached } and gave these documents to Capital One. 

I received a letter from Capital One on XX/XX/XXXX stating that my response, " lacks all of the previously requested information needed to validate your dispute. Unfortunately, based on the information we have, we are unable to assist with your claim because : We can only request a credit from a merchant if we can document how the merchant violated an operating guideline. '' I called Capital One, and was told that they closed out the dispute, and because they closed it, it can not be reopened, as the time period had expired. I asked why it was closed out. The agent advised me that the XXXX tracking information was not proof of return enough, because it did not show the actual return address. It simply stated " Returned to Sender ''. She stated that these requests were spelled out in the letter that they sent out to me. I never received the letter and this information was not relayed to me by the previous phone agent. At this time, I do not have the shipment, as it has been returned to the seller, and I am indebted to Capital One for this amount. 

I called Capital One and spoke with an escalated supervisor and explained to him how I was not provided the documentation that requested, SPECIFICALLY that the item needed to be returned to a certain address and that I needed to provide proof of delivery to this specific address. He argued that a letter that they sent to me included all of this information and a return label and RMA. I advised him that I did not receive the first letter and that I requested that a duplicate be mailed out. He stated that he shows in his system that a duplicate letter was mailed on or about the XXXX of XXXX and that it was supposed to include all of the documentation necessary to properly respond to the dispute. I advised him that the letter I received referenced the prior letter but did not include all of the information, and that the information that the phone rep gave me regarding the return instructions was inadequate. The supervisor stated that this correspondence was supposed to be 8 pages long. I stated that I received a 1 page correspondence. I stated, because Capital One messed up and did not mail me the full letter that I needed that they are at fault for this failed dispute. He stated that his system says the letter was mailed out and he has no way of tracking down what was actually mailed. He stated that if Capital One did not provide the documentation, that Capital One would be liable for this failed dispute and would reverse the transaction at their cost. He stated that he doesn't have the authority to reverse this charge at his level, as his resources are limited. After speaking with him, another agent sent this grievance up to their " Special Cases '' department, which has this authority. This referral happened weeks ago and I have called to check on the status and have been told, " They are still working on it. '' Meanwhile, this debit is still on my statement and I am liable to pay interest if it remains on the balance. 

I have provided the CFPB with the letter, mailed on XX/XX/XXXX, which will prove that Capital One committed a mistake and should refund the full amount and remove the charge from my account balance. I have provided the letter showing " PAGE 01 OF 01 '' and photos of the original envelope that COULD NOT possibly hold 8 pages without a tinge of distortion. I ask that the CFPB hold Capital One accountable for their clerical mistakes and have them provide a refund to my balance. Thank you for listening.

Company response to consumer: Closed with explanation