Consumer complaint received 2023-01-30
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OR
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:
All of this information has already been provided to Capital One. I contacted Capital One on XX/XX/XXXX. I explained to them the situation and they opened a case for the transaction. Here are the details of the case that has already been provided to Capital One. 

Dear Transaction Support Center, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I am providing the information you requested on the letter that was sent to me dated XX/XX/XXXX. 
Information Requested : While visiting XXXX, XXXX, I purchased a total of XXXX items from XXXXXXXX XXXX billed as XXXX XXXX XXXX. The items I purchased were a chandelier style XXXX XXXX and XXXX XXXX  style floor lamps. XXXX of the items were paid with credit card ( chandelier and XXXX of the floor lamps ) and the third item was paid with cash. The XXXX lamps that were paid with credit card were {$1100.00} and the third one was {$350.00} which I paid in cash. 
The merchant mentioned that it would take XXXX days to ship the lamps and it ended up taking approximately 30 days. The two lamps that were paid by credit card had pieces that were damaged when it arrived. There was damage to the glass as well as missing pieces from the mosaic pieces. These are unique handmade items that I can not easily find replacement parts for or get it repaired. The third piece that was purchased with cash was fine. 
I immediately contacted the merchant via XXXX and notified the owner and his brother and after initially giving me the run around and telling me it is handmade, the owner named XXXX XXXX agreed to let me return the lamps. I took photos of the damaged pieces for him. The lamp is a mosaic style lamp and it looked like a child glued the pieces together. There were damage to the glass and pieces of mosaic and beads missing from some pieces. The third lamp which didnt have a problem ( the one paid with cash ) was made professionally and did not have any issues which is why I wanted to keep that one. 
I told the merchant that I would like to return just the XXXX lamps that were paid by credit card because of the damaged pieces and flaws and he said that he would only let me return it but I would have to return all XXXX pieces I purchased including the XXXX paid with cash. 
Since I have no recourse with the XXXX paid with cash, I reiterated to him that XXXX of the items was paid by CASH and that I would need a refund in advance before he set up the return and he would not agree to that. He kept insisting that once the items were returned, that he would send me money via XXXX XXXX. I told him, that I have no recourse because I paid cash for the third item. I initially told him that I did not want to return the third item because that was the only one that did not arrive damaged and he said it is all or nothing. I agreed to his condition of returning all three pieces but insisted that I would need a refund in advance for the one paid in cash or have that money in an escrow account and he exploded and had a tantrum like a child and is now refusing to cooperate. 
He initially agreed to let me return all 3 pieces and he was going to set up and pay for the return via XXXX and have it picked up from my house. When I refused to agree to release the one paid by cash as well, he removed his offer from the table. It was clear that he had no intentions of crediting me for the one I paid with cash or the other XXXX paid with credit card. 
The whole interaction proved him to be dishonest because it didnt make sense as to why he was forcing me to return all XXXX items when only XXXX had the issue. I tried repeatedly to resolve the dispute with the merchant but the second I refused to release the item that was paid in cash, he had a full tantrum and refused to cooperate. I have attached the chat history with the merchant so you can review it. The merchant has sent me XXXX lamps that are clearly damaged. I provided all of the information to the merchant. He certainly agreed that they were damaged if he agreed to let me return it but because he was trying to bully me into returning the one paid with cash as well and I refused, he just had a tantrum and removed the offer off the table. 
I tried cooperating with the merchant, but it was clear he wanted to keep the money for the one that was paid with cash. I was never told about a return policy at the time of sale. It is clear they allow returns because he offered it to me and then removed the offer when I did not want to allow him to pick up the third lamp that was paid with cash. 

I was told by Capital One that if the merchant did not respond within 30 days, that I would win by default. I contacted Capital One on XX/XX/XXXX, which was 34 days later and asked if the merchant had contacted them and was told that they had not. That would mean I would win the case by default I spoke with XXXX on XX/XX/XXXX at XXXX who transferred me to a supervisor name XXXX XXXX XXXX XXXX giving me incorrect information. XXXX, the supervisor said that the merchant had not contacted them but now they have till XX/XX/XXXX to get back to Capital One because their fraud department did not contact the merchant right away. 

I explained to XXXX that I was told that the merchant has exactly 30 days and that would be 43 days. She just apologized and said their department was busy and rushed me off the phone but assured me that someone would contact me by XX/XX/XXXX. Coincidentally, the later that day I hear back from Capital One saying that the merchant provided tracking number and they requested a bunch of information which I provided and faxed to them. When I spoke with XXXX, they had not provided anything, so I am not sure where that came from. Besides, that it had now been 35 days anyway. 

The rep who got back to me requested a bunch of information from me ( letter dated XX/XX/XXXX ) which I provided. Then very early in the morning the next day before I even had a chance to send the information that was initially requested, the rep decides to ask for completely different information. Some of the requests were completely out of the ordinary especially since the rep requested a completely different set of questions literally at the end of the day on XX/XX/XXXX, and then on early morning of XX/XX/XXXX, the rep asks me to ignore the first letter and asked for additional information and some that would not apply to my situation because these were handmade lamps that were made in XXXX XX/XX/XXXX request for information : A statement saying that neither you nor anyone authorized by you has signed for or received themerchandise. If you received the merchandise but want to continue the dispute, include a detaileddescription of the reason for your dispute, along with a copy of all documentation that supportsyour claim. Also describe how you tried to resolve the dispute with the merchant. If you returned themerchandise, include the reason for the return, the date, and proof of return. A statement of whetheryou were told about the return policy at the time of sale. If you have a copy of the return / cancellationpolicy, please include it, as well. If you received a refund voucher, please include it to show that credit isdue to your Capital One account XX/XX/XXXX request for information : Your response to the documentation sent in by the merchant, as well as : A copy of your sales invoiceor purchase agreement / contract, and information and / or evidence to support how the merchandiseordered differs from what was received. A second opinion on company letterhead from anothermerchant in the same field stating specifically what the original merchant did incorrectly, how theproblem can be corrected, and what that will cost. A statement that includes the number of times themerchant tried to correct the problem, and a description of how you tried to resolve the dispute withthe merchant. If you returned the installed parts, please provide the date and proof of return or thedate they were made available for pick-up. If the merchant gave you a refund voucher, please providethat as well I provided all of the information that I could provide from both requests. I explained to the rep that the lamps are handmade/custom and so I can not find another merchant in the same field in the United States XXXX XXXX specifically what the original merchant did incorrectly, and how the problem can be corrected. This was handmade in XXXX, and I live in the XXXX. You can not find another merchant in the XXXX that makes these kinds of lamps. The request was totally outrageous. I am also not sure why the rep decided to change what information they requested for half a day ago. I feel like it was done on purpose to make it impossible to fulfill. 

After I provide all of the information, I receive a response the very next morning saying the following : Case Number : XXXX Here 's an update on your dispute with XXXX XXXX XXXX billed on XX/XX/XXXX for $ XXXXXXXX that time we began an investigation into your dispute and requested information from you. XXXX have received your response to this request, it lacks all of the previously requested informationneeded to validate your dispute. Unfortunately, based on the information we have, we are unable toassist with your claim.If you still want to dispute the charge, please contact the merchant and work directly with them. Atthis time, we consider your case closed. We apologize for any inconvenience. If you have questions, please give us a call at XXXX. We're available from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a week There are multiple issues with what happened. 

1 ) The merchant based on the chat history initially allowed me to return the lamps. He was setting up the pick up with XXXX. When he insisted that he would only allow me to return the lamps if I returned all 3, even the one paid with cash, which I refused because I did not think he was going to refund me with how shady he was acting, he snaps at me and says fine, I can no longer return the lamps. Capital One should be able to get the merchant to stick to his word. He was going to allow me to return it. I just wanted to return what was damaged ( XXXX paid with credit card ) and keep the one paid with cash. The chat history provided evidence for this. 
2 ) The case was closed even though I provided everything that was requested that I was able to provide. 
3 ) I purchased handmade lamps and XXXX out of XXXX are damaged. I should have protection from my credit card company when a merchant does not fulfill their end of the bargain. This is unacceptable. 
4 ) I desperately tried resolving the issue with the merchant, but he became unreasonable when he tried to bully me to return the one I paid with cash without refunding me in advance. 

I hope that we can get this resolved. 

Respectfully,

Company response to consumer: Closed with explanation