Consumer complaint received 2016-08-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: LA
Product: Mortgage
Sub-product: Conventional fixed mortgage
Issue: Loan servicing, payments, escrow account

Complaint:
My husband & I had an existing mortgage with Capital One Bank & we refinanced it recently to get a better interest rate. I explained to Capital One that we needed the payment date to be on the XX/XX/XXXX, because my husband got paid on XX/XX/XXXX and I got paid on XX/XX/XXXX. When we went to close on the loan on XXXX XXXX, we noticed the payment due date was XXXX XXXX. We explained that would not work as the money would NOT be available on XX/XX/XXXX and we offered to delay the closing, so we could get the payment date we needed. XXXX XXXX with Capital One assured us that we could go ahead and close on the loan and she would CHANGE the payment due date to XX/XX/XXXX, so we agreed and closed. The payments were set up to be electronically deducted from our checking account on XX/XX/XXXX. Both XXXX XXXX and XXXX with Capital One promised me that under no circumstances would they over draft the account. If the money was not in the account on XX/XX/XXXX it would automatically cancel out the electronic payment. I had no reason not to believe them. So on XXXX XXXX I attempted to use my debit card to buy a {$1.00} bottle of water and the transaction was declined. I could not understand why because I was promised several times that Capital One would not overdraft my account. I checked my account and it was over drawn because the loan payment had been deducted from the account. I called the local branch and spoke to XXXX complaining and raising XXXX because she had said that would not happen and she told me to chill out and said at midnight the charges would be REVERSED since the funds were not available and the account would not be over drawn. That was the THIRD LIE I WAS TOLD. I was promised they would CHANGE MY PAYMENT DATE TO THE XX/XX/XXXX -that was the FIRST LIE, I WAS TOLD THEY WOULD NOT OVER DRAFT THE ACCOUNT - 2nd LIE, I WAS PROMISED THEY WOULD PUT THE FUNDS BACK AT MIDNIGHT - 3rd LIE, I was told the first time Capital One attempted to deduct the funds from my checking account and they were not available, it would automatically CANCEL out the electronic payments - 4th LIE. Fortunately, I did n't trust them after the first 3 lies and I called the XXXX number and they explained that even though the account was overdrawn in XXXX, it did not cancel the automatic payments. I was able to CANCEL the payments before the same thing happened again in XXXX. I filled a complained with the founder of Capital One and was referred to someone by the name of XXXX XXXX. She would always promised to call back on a certain date, but then NOT call back on that date. After playing telephone tag with her for several days she said, she can not change the payment date, and that she does not have a boss, because I asked her WHO ELSE I could escalate this too. I would have NEVER refinance this loan, if I had know they were lying to me about getting the payment date that I needed. 
Now I have this 20 year mortgage and Capital One thinks I will be happy paying my mortgage payment during the GRACE period for the life of the loan. That is NEVER going to happen! I want what I was promised. I was promised my payment date would be on the XXXX of each and every month and that is what I want. I do n't care if they have to re- do the loan or what they have to do.

Company response to consumer: Closed with explanation