Consumer complaint received 2022-03-03
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: Card was charged for something you did not purchase with the card

Complaint:
On XX/XX/2021 I received a call from Capital One regarding fraudulent charges at a Walmart in XXXX Tx. for approximately XXXX. I was informed by the Capital One Representative that the perpetrator tried to use my credit card ending in XXXX and they declined the charge, then the perpetrator tried to use my credit card ending in XXXX for the same transaction and they declined that charge as well. The Capital One representative wanted me to verify some information on the phone when they called and I refused because I had no idea if the call was actual or someone fishing for information. I immediately contacted the phone number on the back of my card and I was immediately sent to the fraud department. The representative there confirmed the same thing that the representative on the phone was telling me. The Capital One Representative immediately called me back to see if I was speaking to Capital One on another line after I hung up with him to contact the number that I was familiar with. The perpetrator also did a cash advance on my credit card on the same date.. XX/XX/2021. Capital One credited all charges back to my credit card but refuse to credit the {$140.00} to my credit card for the cash advance. They are siting that the Cash Advance had to have a pin number. I explained to them that I never requested a pin number. They allowed this perpetrator to change my address, phone number and email address on my account numerous times. When I spoke to a XXXX in the Fraud Department, she was the only sensible person that tried to find out how this perpetrator was continuing to change my address, phone number and email address. Capital One should have had notes that this was happening to me because I had already changed my information back several times. She discovered that they were making these changes online through the banking department. She tried to halt any transactions being done online and she was not able to do it. She then transferred me to the IT department to assist me with taking care of halting any transactions being done online and he was not able to assist and he transferred me to the banking department. The representative there informed me that they had already stopped the checking/savings bank accounts that were opened in my name and the wallet. They informed me that no other transactions could be done through the banking account such as changing my name, address and phone number etc., The perpetrator still continued to update my information fraudulently. I requested fraud letters informing me of what was charged on my credit cards to report on my Police Reports and Capital One sent these letters to the perpetrators address at XXXX XXXX XXXX XXXX, XXXX TX XXXX. I had to request the letters numerous times and information of what was charged on my accounts. Finally, I got a representative to send the letters to me through docusign. I have explained the situation several times to them. I don't understand how Capital One would tell me that because there was a pin number involved for the Cash Advance, it had to be me when they have allowed this perpetrator to change all of my information and this person was receiving all of my information. The Dept. of Public Safety even provided this perpetrator with my Texas Drivers License. The perpetrator was able to authenticate with Capital One and then Capital One stopped responding to me for approximately 3 weeks. XXXX 's XXXX and Capital One were the ones that informed me that this person had an ID. After the Department of Public Safety issued my Texas Drivers License to this perpetrator online, my Drivers License was no longer able to authenticate and Capital One treated me like the imposter. I tried every means necessary to still communicate with them to let them know that my Identity was stolen and they allowed this person to request all of my credit cards be sent to them overnight or express mail to XXXX XXXX XXXX XXXX # XXXX, XXXX  TX XXXX. They were then able to run amuck in my credit. I had 3 Credit Cards with Capital One and the perpetrator had managed to receive my 2 cards that renewed on XX/XX/2021. This was the card ending in XXXX and XXXX. Capital One then also sent them my business credit card overnight for them to rack up charges on. Two of my credit cards were paid off and I had under a {$500.00} balance on one. I continued to make on time payments on the credit card that I still had a balance on and they made it hard for me to continue to make my ontime payments. I had never been late on any of my credit cards, loans etc and now Capital One made a mistake when crediting charges back to one of the cards that were fraudulently used and Representative XXXX explained to me that there was a XXXX cent interest that they fail to resolve and that racked up late charges fees and they reported me to the credit bureau as being late twice because of their error. He claimed he resolved the error but the late is still showing up on my Credit Report. The other charge he tried to explain was definitely my charge because it involved a pin number. Needless to say, I never needed or requested a cash advance. I explained to XXXX that if the card that was used had the expiration date of XX/XX/2021, then that is the card that I have. I never received the renewal credit cards that were being fraudulently used at Walmart so I have no clue what expiration date was on that one. He claims that their fraud department conducted investigation and because a pin number was issued, it had to be my charge. What they fail to take into consideration is that they allowed the perpetrator to change my address, phone number and email address so if he or she requested a pin, just like they requested that my credit cards be mailed to them overnight or by express mail, they received that pin number because I did not. I requested that Capital One freeze all cards going out and they sent my card to this perpetrator anyway. I requested a freeze on another credit card and they honored my request. Capital One has since then canceled my credit cards when they were the ones that fail to read their notes and freeze the account until we were able to resolve this identity theft/credit takeover issue. I am requesting that Capital One remove the Cash Advance Charge from my Credit Card and re-investigate this issue with higher management involved, because it appears that the investigator that claims that because there was a pin involved, I had to make the transaction is completely clueless. I am also requesting that Capital One Re-Issue my credit cards to me with the same history that I had. I have never missed a payment and I had at least a 6 year history with my credit cards. One of the representatives informed me that there was a POA/Power of Attorney on one of my accounts. I never authorized a power of attorney and I would like to know who has this power of attorney and under the FCRA 609e, I would like to be presented all of the information from Capital One that the perpetrator utilized to apply for a bank account in my name, another Credit Card and the information they used when changing my address, phone number and email address along with information on this POA. I am requesting that Capital One end this foolishness of trying to claim that any of the charges are mine when they clearly knew before I did that fraudulent transactions were being done on my credit cards in XXXX, TX at the Walmart on XX/XX/2021. They contacted me on my telephone number that was on file. My prior record of charges never ever did I make a Cash Advance. I don't need a cash advance and I did not recklessly charge on my Credit Cards in the past. I have included other issues that I had with this perpetrator to show Capital One that it was not just them that this perpetrator tried to commit fraud with my identity on. Others were gracious enough to assist me with taking care of this fraudulent issue. I truly wish Capital One would have been as helpful.

Company response to consumer: Closed with monetary relief