Consumer complaint received 2020-03-10
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CT
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Cashing a check

Complaint:
I've requested an address to mail a notice of small claim suit several times prior to this complaint filed, Capital One requests more time to reply before marking it as a duplicate, this is the third complaint filed in re and will be refiled if marked as duplicate when it is not. The address provided by Capital One rep, XXXX, is a web-site address which does not have the information requested, the address to mail a notice of small claim suit to is nowhere to be found on site. The address XXXX, does not have the address listed anywhere. Please see below complaint.. 

The below complaint was marked as duplicate when it is not.. Capital One rep, XXXX, provided a web-site address to locate an address to send notice of small claim suit. The address is nowhere to be found on site, this was detailed in below complaint which if marked as duplicate will be resubmitted.. A rep by the name of XXXX with Capital One provided a web-site address of XXXX  to locate a mailing address to file a notice of small claim suit against Capital One. It appears the address is nowhere to be found on the site and I've sent a secure message requesting the information through the site, have not heard back in re. I believe this is the same web-site address given by a XXXX XXXX whom was replying on behalf of Capital One via CFPB portal prior. A total of seven messages were left for her, none of which were returned ... She claims she could not return them due to complaints currently in process at the time which is a lie as she did not return them after said complaints were closed out. It appears she simply does not accept or return calls. The address to send notice of small claim is required to file a suit for funds owed in the amount of {$4200.00}. This amount represents the closing balance in account ending in XXXX, a 360 checking account. As stated in numerous prior CFPB complaints, a close out check was mailed on XX/XX/2018, received on XX/XX/2018 with a stop payment placed on it prematurely by Capital One rep ( s ). A replacement check was sent on or around XX/XX/2018 via XXXX  next day, I left for vacation on XX/XX/2018 at XXXX. I was picked up by XXXX XXXX with XXXX XXXX XXXX, driven to XXXX XXXX in XXXX, MA. My flight left for XXXX XXXX about XXXX XXXX, I was in there from XX/XX/2018 to XX/XX/2018. I have attached a letter from XXXX XXXX XXXX  XXXX XXXX and a letter from Mr XXXX stating he picked me up on said date and time.. This information shows proof of whereabouts, I was not at my address to receive and sign check, cash it. Further, signature on check is not mine as it does not match two other checks with my true and correct signature ... .I have also attached copies of those as well which were provided in prior CFPB complaints. XXXX XXXX has tried and failed to imply I somehow received funds because the person whom intercepted check is related, the account deposited to linked to my 360 checking account at some point, a XXXX account also linked.. The person whom cashed check is not related, an ex-wife of a cousin whom lived here prior, nowhere to be found. The account deposited to was linked fraudulently, removed by a rep with security intake team soon after, the XXXX account is not linked nor what is ever. I have also attached a statement from XXXX showing no transfer of funds in the amount of {$4200.00} to or from it. I request Capital One look over the enclosed documents, re-issue check. If not, I again request them send the direct link to mailing address as again, it is nowhere to be found on XXXX.

Company response to consumer: Closed with explanation