Consumer complaint received 2016-07-08
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN
Product: Credit card
Issue: Billing disputes

Complaint:
Purchased {$300.00} worth of merchandise online with my Capital One Visa Card on XXXX, XXXX, 2016. Merchandise came severely damaged about one week after purchase date. I contacted the merchant who stated they would resolve the problem and pick up the merchandise and issue a refund. Merchant never sent carrier to pick up merchandise. I disputed the charge on XXXX XXXX, 2016 with Capital One. My letter of dispute clearly stated what the merchandise was, the date of the charge, the amount of the charge, that I had attempted to resolve the matter with the merchant, and that I was disputing the charge. On XXXX XXXX Capital One writes back asking me to reiterate everything I already told them plus asked questions that were irrelevant such as : 1 ) Date I expected to receive the merchandise? 2 ) Did I receive a contract? 3 ) Was there a trial period? 4 ) Did I review the cancellation policy? 5 ) What is the merchants return policy? 6 ) Did I abide by the return policy? 7 ) A second opinion from another merchant on a company letterhead and signed by the other merchant. 8 ) A signed and dated proof of return. 

I also included a statement in my return with the XXXX page letter that the merchant was free to pick up the box of damaged merchandise at any time as it was waiting to be picked up. 

After filling out there XXXX page letter of immaterial information that is not required by the XXXX XXXX XXXX. XXXX, Capital one provides a credit to my account of {$300.00} on XXXX XXXX, 2016. On XXXX XXXX, 2016 Capital One reverses the credit and reapplies the charge to my account now stating that merchant " confirmed the charge is valid '' The merchant provided no statement that they attempted to pick the merchandise up ( they did not ) or that I refused to allow them to pick it up or anything to that nature. Just that the customer made the charge and it is valid. The merchant provided no reason or care that they delivered damaged merchandise. The merchant did not dispute whether or not the merchandise was damaged. 

It is well known that in a long distance ( mail/online order ) transaction that is shipped it is the sellers responsibility to get the merchandise there in good condition. The buyer has the full right to reject the merchandise if is not as ordered or otherwise damaged. See FTC bulletin on the Fair Credit Billing Act that clearly states the Act covers : " charges for goods and services you did n't accept or were n't delivered as agreed '' at XXXX. Instead Capital One ignored the XXXX and recharged the card with no rebuttal from the merchant regarding the damaged merchandise or why they did not have it returned back to them. 

My complaint pertains the failure of Capital One to follow the guidelines as set out by the XXXX. There is/was no authority to place the charge back on my account. 

I phoned Capital One on the XXXX of XXXX and was told that I now have a right to send another letter. I asked what would I possibly put in the next letter that I have not already stated? It is real simple. I ordered merchandise. It came damaged. I called the merchant and reported it damaged. The merchant never solved the problem. I had already said this XXXX time previously plus Capital One now wants me to say it again plus they now tell me it may take 90 days to get a final decision all the while I have the charge back on my account. 

My complaint here does not pertain the XXXX that is due me. I expect I will eventually get that back and reserve the right to open another complaint if I do not within 90 days from now. The real issue is the way Capital One handles disputes. It seems that Capital One keeps sending the same request for information hoping that I will forget to send back a letter and then use that to close the dispute against me. All unfair billing practices.

Company response to consumer: Closed with monetary relief