Consumer complaint received 2016-07-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Application, originator, mortgage broker

Complaint:
Capital One charged my Credit Card {$450.00} without my authorization and refused to reverse the charge. Furthermore, they failed to return many phone calls and email attempts to resolve this matter amicably. 
1. In a Capital One letter, Capital One claimed that I accepted their offer for a loan that included a {$450.00} deposit. I never accepted their offer. 
2. Capital One provided NO evidence of acceptance of their offer. The reason is that they do not have any such evidence because I NEVER signed their acceptance letter. 
3. Following is a copy of a XXXX/XXXX/2016 email received from XXXX XXXX, the Capital One 's mortgage broker whom my wife and I were working with. 
From : " XXXX, XXXX '' XXXX XXXXXXXXXXXX XXXX Date : Wed, XXXX XXXX 2016 XXXX +XXXX Subject : Capital One Home Loans Hi XXXX XXXX, I tried call you today to possibly review other options with Capital One. What exactly are you both looking for with rates and costs with Capital One. I will submit another exception so we can keep your loan with us. If I kept all the costs the same as I have it now, but the rate was a 2.875 % instead of 3 % would that work for you? 
Thanks! 
XXXX XXXX Mortgage Loan Officer XXXX # XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX XXXX XXXX ( fax ) XXXXXXXXXXXX The email above is evidence that as late as XXXX/XXXX/2016, my wife and I did NOT accept Capital One 's offer. There was NO reply to that email and thus NO acceptance to Capital One 's offer prior to their unauthorized charge of my credit card on XXXX XXXX, 2016. 
4. After learning Capital One 's unauthorized charge of my credit card, my wife wrote an email to XXXX XXXX on XXXX/XXXX/2016. In this email my wife wrote : XXXX XXXX, Capital One has charged our CC for {$450.00} on XXXX XXXX. Can you please reverse this charge? 
Best Regards, XXXX XXXX replied stating that he does not have the authority to reverse the charges and referred us to his manager XXXX XXXX at XXXX. I attempted to call this number but it was dysfunctional at the time. I attempted to call XXXX XXXX about 3-4 times, but XXXX never returned any of those phone calls. 
5. On XXXX/XXXX/2016 my wife wrote an email to XXXX XXXX. In it she wrote : XXXX, My husband has left you multiple voice messages over the past two days but you have not returned his call. Also, the phone number you provided for your manager is a bad number and I have informed you of this a couple days ago but you have not yet replies with a good number! Please reply with a valid phone number for your manager. 
As you know, I never gave you authority to charge my CC. Neither did I provide such authority to anyone else at Capital One. I have already requested that you reverse this charge and I am now demanding that you reverse this charge immediately. Not doing so immediately will result in a major escalation as I do not appreciate this under-handed approach. 
Time is of essence. 
If I do not hear back from you by mid day on Tuesday I will escalate this matter to the appropriate authorities. 
Thank you. 
6. On XXXX/XXXX/2016 I left a voice message on XXXX XXXX 's VM box, in it I said : " I want to file a complaint against your firm for charging my credit card without authorization and for refusing to reply to any of my multiple phone messages and emails. '' XXXX XXXX never responded to this voice message.

Company response to consumer: Closed with explanation