Consumer complaint received 2022-10-20
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
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:
Wednesday, XX/XX/2022 Attended a " presentation '' of XXXX XXXX membership information and VIP incentives with XXXX XXXX representative, XXXX XXXX. This was a high-pressure sales presentation. We were presented with very favorable incentives to entice us to join by XXXX XXXX. **Initially, agreed to a 90 min information sess! on, but we were kept in the sales room for over 4 hours. ** Agreed to sign up for VIP membership based on the several promised incentives by XXXX XXXX. Photo was taken of the handwritten notes made by XXXX XXXX which outlined the various promises and incentives we were supposed to receive. ( See attached copy of those handwritten notes. ) Required to meet with a different XXXX XXXX representative, a XXXX XXXX legal representative, to sign the VIP membership contract. Each page was presented very quickly and by someone who was not a part of the initial sales presentation ( so he can " play dumb '' and not have the information to answer our questions ). This is when we initially noticed that some of the wording regarding the incentives was not the same as that used by XXXX XXXX. We were assured by the representative handling the contract that we would receive all incentives promised to us and that the wording was actually explained in a different paragraph to mean the same thing as what we had been told and promised by XXXX XXXX. Very confusing!!!! **Again, by this time we had been there for OVER 4 hours and were wanting and NEEDING to leave! This is a tactic they use so that people will agree to whatever is in front of them in order to be allowed to leave. 
About an hour later, I texted XXXX XXXX for clarification regarding some additional wording that was different in the contract from what we were told verbally prior to signing the contract. We were finally allowed to leave and to have some space to discuss on our own, and re-read without pressure, the contracted and attachments. 
Thursday, XX/XX/2022 XXXX XXXX XXXX again for clarification regarding the wording and dates of the incentives as written in the contract that was different from what he had verbally promised us. XXXX XXXX specifically stated " Sorry they made a mistake '' and told me he would fix it. I asked if we would get an email with the corrections and he stated that I would " for sure '' get an email confirmation. I was then informed that they changes had been made and I would be getting an email with corrections and new documents to sign. 
Friday, XX/XX/2022 XXXX XXXX XXXX to inform him that I had STILL not received an email with corrections to the membership contract. 
I expressed my concerns to XXXX XXXX since I had not received the corrections and was worried we had made a mistake by joining the XXXX XXXX membership. XXXX XXXX replied " No worries I'll make sure you get it fixed ''. 

Saturday, XX/XX/2022 XXXX XXXX XXXX XXXX to let him know we STILL had not received any corrections to the membership contract. He said he had been told the corrections had been made and emailed to us. When I told him we had still not received anything, he said he would check on it. 
Later that evening, I texted XXXX XXXX AGAIN to tell him we had not received an email with corrections and explained to him that the 4 specific incentives that he hand-wrote when we first met, were the main reasons we agreed to join the VIP membership. Those incentives were still not specifically written in our contract. I expressed our frustrations and concerns and stated that we were beginning to consider looking into the option of cancelling our membership, through our credit card company and possibly XXXX XXXX XXXX XXXX XXXX XXXX ). 
Sunday, XX/XX/2022 Received a text from XXXX XXXX stating he would check again on the documents and stated " I won't leave the office until you get the right paperwork '' and " I'll make sure everything is Done! '' Received email from XXXX XXXX, from the legal department of XXXX XXXX. The email had a document attached titled " Change of Financing '', that changed the number of payments that needed to be made before 2 of the incentives could be used, but was still not what was initially promises or agreed upon. 
I responded to XXXX XXXX 's email, letting her know that the addendum was STILL not correct and explained specifically why these corrections were still not what was agreed upon or promised by XXXX XXXX prior to agreeing to join the XXXX XXXX VIP membership. 
Monday, XX/XX/2022 Submitted a form on the website for XXXX, which handles grievances and controversies involving timeshares and other types of membership contracts from a supplier located in XXXX. 
Sent an email to XXXX XXXX, legal representative for XXXX XXXX, requesting the cancellation of our membership with XXXX XXXX and that our signatures be withdrawn, per XXXX law, and since we were still within 5 days from the date of contract. I also asked for the immediate refund of the {$4700.00} that had been charged to our credit card as part of the down payment for the membership. 
Tuesday, XX/XX/2022 Initiated a dispute with Capital One regarding the charge of {$4700.00} on XX/XX/2022. 
Monday, XX/XX/2022 Received an email from XXXX XXXX regarding a renegotiation of the original contract. 
Friday, XX/XX/2022 Received a second email from XXXX XXXX regarding a renegotiation of the contract and a demotion to our XXXX XXXX membership level. 
Thursday, XX/XX/2022 XXXX XXXX responded to Capital One regarding dispute resolution citing cancellation policies that are not applicable to the circumstances of this case. 

Friday, XX/XX/2022 Received confirmation from XXXX ( XXXX XXXX XXXX XXXX ) that they received my email requesting assistance and initiating a dispute regarding XXXX XXXX. Their response also outlines the consumer rights under XXXX law and the time frames necessary for cancellation of timeshare or other similar contracts WITHOUT PENALIZATION. 
Sunday XXXX Received email from XXXX XXXX regarding a renegotiation of the contract and an additional demotion to the XXXX XXXX membership level. 
Friday, XX/XX/2022 Received another email from XXXX XXXX regarding a renegotiation of the contract and an additional demotion to the XXXX XXXX membership level. 
Friday, XX/XX/2022 Sent a follow up email to XXXX requesting additional assistance regarding dispute with XXXX XXXX.

Company response to consumer: Closed with explanation