Consumer complaint received 2023-04-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Fees or interest
Sub-issue: Charged too much interest

Complaint:
On XXXX XX/XX/XXXX, my Capital One credit card statement said that XXXX charge my credit card {$530.00}. Since my XXXX account was inaccessible for many years, I assumed someone hacked into an archive XXXX account and fraudulently charged my credit card. Hence, on approximately XXXX XX/XX/XXXX, I contacted Capital One and reported a fraudulent charge. To my great surprise, Capital One said the charge was legitimate. 

At a minimum, Capital One should have at least contacted me before allowing the charge because : 1. The charge was over {$500.00}. 
2. XXXX was using a credit card number that was no longer valid. 
3. At least twice, Capital One had rejected XXXX trying to charge me : On approximately XX/XX/XXXX XXXX unsuccessfully tried to charge me for {$470.00} for their website and, on XX/XX/XXXX, XXXX tried to charge me {$59.00}, but Capital One asked me if it was legitimate to which I replied it was not. 
4. The amount was different than what was charge before.

5. The name of the product was different. 

Below is the opening statement of the XXXX document that XXXX sent to Capital One to prove the charge was legitimate. However, the XXXX statement supports my claim that the charge was not valid. See below : THE XXXX STATEMENT DID NOT POST HERE 1. The above says that I had made previous, undisputed purchases. 

All the previous purchases, expect for the original, were made fraudulently and I was unaware of them. Capital One did contact me about two XXXX accounts and I told Capital One that they were fraudulent ; consequently, Capital One refunded my money for those two charges. I even sent this information to Capital One 2. The above, dated XX/XX/XXXX, states : Products purchased may be refunded only if cancelled within the following timeframe : Annual Plans + - within 30 days of the date of the transaction Clearly, XX/XX/XXXX is + - within 30 days of XX/XX/XXXX. 

3. The above states that the cardholder received products and/or services without payment. 

The www.rielygirls.com website has been inaccessible for many years. Hence, I did not receive any products and/or services even though I was fraudulently charged. 

I had written to Capital One that The domain site has been XXXX for years. 

Because Capital One refused to disallow the {$530.00} charge from XXXX, I contacted XXXX XXXX of the XXXX XXXX XXXX XXXX for XXXX XXXX concerning my situation with XXXX. XXXX XXXX, from the office of the CEO of XXXX, responded to XXXX XXXX XXXX e-mails with a litany of XXXX the attached XXXX. 

When it became clear that XXXX XXXX had no intent of doing the right thing, XXXX XXXX suggested that I contact the AZ Attorney General XXXX. 

I then contacted the AZ Attorney General XXXX XXXX and Complaints office. When it became clear to that office that XXXX XXXX was not going to address my main issues, the office said, Our Office represents the State of Arizona and is prohibited by law from representing individual consumers. They also gave me information so that, If you decide to hire an attorney and pursue this case on your own, here are some helpful Arizona resources to assist in your search : ( See XXXX. ) Therefore, it was quite clear that the only way I was going to get resolution was to file a law suit on my own. 

For clarity, I am going to give a brief history of the process I have encounter in trying to seek justice XXXX XXXX. 

Around XX/XX/XXXX, I noticed a charge {$530.00} on my Capital One credit card. Since the website www.therielygirls.com has been inactive/inaccessible for many years, I thought someone hacked into an archived XXXX account and fraudulently charged my credit card. Subsequently, I contacted Capital One and told them the {$530.00} charge was fraudulent. Capital One contacted XXXX and they said the charge was legitimate. 

Having no success with Capital One, I contacted XXXX XXXX of the XXXX XXXX XXXX XXXX for XXXX XXXX concerning my situation with XXXX. XXXX XXXX facilitated an e-mail communication between XXXX XXXX, from the office of the CEO of XXXX, and me. His responses were replete with lies and misleading statements. 

Having no success with the XXXX XXXX XXXX XXXX for XXXX XXXX, XXXX XXXX suggested I contact the AZ XXXX XXXX. I contacted the AZ AJ Consumer Information and Complaints office and they facilitated e-mail communications between XXXX XXXX and me. Since his responses were replete with lies, it was clear to the AZ XXXX office that the communications with XXXX XXXX were futile. The AZ XXXX XXXX then told me that by law they are forbidden to represent a single person and suggested I seek legal help. 

Consequently, I subpoenaed XXXX XXXX. However, he did not respond to the subpoena. 

I then found the name and address of the CEO of XXXX, XXXX XXXX, on the Internet and subpoenaed him. The XXXX XXXX XXXX XXXX XXXX said the subpoena was successful and gave me a date and time in XXXX, XXXX. When I arrived at the court, my name was not on the docket. When I went to see why, I was told that the mail saying the subpoena was successful was sent in error. 

Because of the above, I felt the information concerning the CEO of XXXX was valid ; consequently, I contacted XXXX XXXX XXXX to serve the CEO of XXXX. When XXXX XXXX XXXX went to the address given, they found the building had been closed for months. XXXX had moved from XXXX Arizona to XXXX Arizona. 

I then, again, contacted XXXX XXXX XXXX to serve XXXX XXXX XXXX XXXX XXXX Arizona address XXXX When they arrived at XXXX, the process server was told, among other things : Security stated that it is their policy to not cooperate with service of process Security will get notice to individuals if the documents are accompanied with a court order On XX/XX/XXXX, I went to the district court of XXXX XXXX to see if I could get a court order to accompany my documents for the process server. I was told that they do not do that ; however, the person gave me a phone number for legal assistance : XXXX. 

XXXX, from the legal assistance office, told me that I am suing the wrong person and gave me the XXXX XXXX XXXX XXXX XXXX XXXX I then subpoenaed XXXX via XXXX XXXX XXXX XXXX XXXX XXXX 

The trial was held on XX/XX/XXXX and the court awarded me the three fraudulent charges plus {$89.00} in interest. ( I did not claim any interest, the court made that decision on the own. ) XXXX sent me a check for {$910.00} on XX/XX/XXXX After the court case, I sent an e-mail to the CEO of Capital One stating Since I should never have been charged for the {$520.00}, the interest on that charge should be refunded ; hence, I am requesting a refund of {$97.00}. Also I attached a copy of the judgement and a copy of the check XXXX sent me. ( See the attached documents : ). I have not heard from Capital One. 

attached : XXXX XXXX XXXX

Company response to consumer: Closed with explanation