Consumer complaint received 2016-11-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Bank account or service
Sub-product: Checking account
Issue: Deposits and withdrawals

Complaint:
Hi. 
I 've been getting the runaround by both Kohls and our bank regarding {$1800.00} that was improperly taken out of my checking account on XX/XX/XXXX through two separate transactions. Attached are the bank statements showing the withdrawals? In short, Kohls said that the problem is the bank 's because it 's a bank fraud issue. The bank said it 's Kohl 's problem because they submitted incorrect information and they need to reverse it. We do not have a Kohls credit card. We never had one either. 

Neither will help me. 

Also, the bank wo n't help me because they said we only have 60 days to dispute a charge. I pushed them about this asking if this was bank policy or law and they suggested it was bank policy, not law. Still, no one at the bank will do anything. 

I also explained the extenuating circumstances. I 'm going through a divorce. Me and my wife separated on XX/XX/XXXX. ( Yes, XXXX. ) I have n't lived at home since. The charges were just three weeks later on XX/XX/XXXX. Since we have a Kohl 's nearby, I assumed my wife bought new clothes for her and her dad. And since we just separated and emotions were high as a result, I did n't question the transaction. However, now that our divorce is proceeding, a few months ago we started looking at detail transactions. When this transaction was discussed, she said she did n't make this charge. I did n't either. So I looked into it and found out neither of us did. 

I 've spent many hours going back and forth to solve this, calling Kohl 's at least four times and the bank three times. Except to a fax I sent Kohls ( see attachment ), everything I have is verbal. 

If you look at the attached backup that the bank gave me, even though Kohls clearly made a mistake, in my less than legal opinion the bank is the one who really messed up. Aside from the bank account number, there is nothing on the attached ACH information that accurately identifies our account number with us. The name is incorrect. There is n't any matching address. No matching social security numbers. No matching birthdays. 

So it does n't appear to be a case of someone stealing my ID. 

To me, it 's insane that the bank would allow a charge to go through without verifying the account belongs to that person. Every time I call the bank or credit card company they always ask for verification, either social security number, birthday, password, a secret question ... something! There is nothing on the attached file which identifies that charge to us. 

You would think that the name alone not matching would have triggered a red flag! 

I pressed XXXX on this. I asked them if they verified that the account number that is provided is accurate before processing a charge. They dodged the question saying that it 's up to Kohls to provide proper information. And even so, they wo n't do anything about it because it 's over 60 days. They said that Kohls needs to submit a correction. 

But I spoke with a manager in Kohl 's credit card area and they were adamant that they wo n't do anything and that 's it 's a bank fraud issue. I did share this information with Kohls. So they know they submitted a bad name associated with our account. 

I feel helpless. My divorce attorney forwarded me to your organization and said they might listen to you. They are not listening to me at all. The amount is too small for an attorney to take on and, to be honest, I feel uncomfortable about going to small claims court. I called the CFP on XX/XX/XXXX and they suggested that I file my complaint in this section. 

I feel you are my last hope. 

Thank you in advance for your help. 

-XXXX XXXX

Company response to consumer: Closed with explanation