Consumer complaint received 2023-11-08
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH
Product: Credit card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
After a BRUTAL divorce after turning in my husband for committing CRIMES against ME and MY daughters using my financial information, I found myself in the position to have to get secured cards to rebuild my finances and life. 

I got a secured Capital one card ( {$1000.00} ) and I have a capital one Neiman Marcus card that is unsecured ( {$3000.00} ). 

After obtain the accounts I was unable to see them online due to a credit card my ex-husband had fraudulently opened in my name that is also in my divorce decree and criminal proceedings as not mine. Regardless, capital one found it difficult to provide me an online profile to observe, pay and monitor my accounts. They put in a ticket and I waited. months later I spent XXXX hrs trying to get that rectified. I even FLEW at my expense to XXXX ( the closest branch ) to fix it and even opened up a checking account to push forward their correction on their digital profile of me on the back end. The bank and credit card are seperate entities. I spent hours on the phone with the credit card division and they assured me it would be fixed. 

I decided rather than HARM myself with closing my cards I would just have to make sure to phone in payments when I used them, which i did. 
In XXXX I used my Neiman Marcus UNSECURED card so I phoned to make payment on my account. My balance went to XXXX, though during the time of paying that card the phone automated system told me I had a small balance on my secured card which i assumed was mine or didn't pay attention to what it was- I paid that too. I pay my bills always. 

In the wake of a grueling divorce, during which I reported my former spouse for illegal activities committed against me and our children using my financial credentials, I was compelled to secure credit cards to rebuild my financial stability. 

I acquired a secured Capital One card with a limit of {$1000.00} and an unsecured Capital One Neiman Marcus card with a limit of {$3000.00}. However, due to a credit card fraudulently opened by my ex-spouse under my name- a matter addressed in both my divorce decree and criminal proceedings - I was unable to access these accounts online. Despite this, Capital One struggled to provide me with an online profile to manage my accounts. After months of waiting and numerous attempts to rectify the issue, including a personal trip to XXXX XXXX XXXX  at my own expense and opening a checking account to expedite their correction of their digital profile of me, the problem persisted. 

Rather than jeopardize my credit score by closing my cards, I opted to make payments via phone. In XXXX I used my Neiman Marcus card and subsequently made a payment over the phone, bringing my balance to XXXX. During this process, the automated system informed me of a small balance on another card, which I also paid, assuming it was legitimate. It could have been my daughter 's too so I paid it. 

Recently, I received a call from Capital One alleging missed payments on my secured card - a card I no longer possessed due to a XXXX balance. I promptly filed a dispute. Today, while finalizing my mortgage paperwork, I discovered an alert regarding a severe delinquency in my payments, an impossibility given my practice of paying my bills in full to avoid interest. Upon investigation, I found the delinquency originated from Capital One. 

I contacted Capital One and was informed by their representative that I must make a payment while they investigate. I contested this, explaining that making a payment on a fraudulent charge would imply acceptance of the charge, and urged them to correct the delinquency report. I was then informed that the charges were deemed valid because I had unknowingly paid a fraudulent charge on the secured card while making a payment on my unsecured card. 

Furthermore, an additional charge of {$64.00} from the same fraudulent company was recently posted to my account, despite Capital Ones knowledge that I do not possess a credit card. They have yet to issue a new card following my fraud report, yet continue to hold me accountable for the fraudulent charges, knowing full well that I can not access my accounts and do not receive paper statements. 

The representative insisted that it is my responsibility to review the statements, despite my lack of access and the fact that I was informed in XXXX that requesting paper statements would incur a {$12.00} charge. Consequently, due to less than {$100.00} of fraudulent charges, Capital One has severely damaged my credit profile and refuses to rectify the situation, all because I unknowingly paid a fraudulent charge while attempting to responsibly manage my finances. This has resulted in the unwarranted destruction of my credit. This is a clear violation of my rights as a consumer and I demand immediate rectification. I have always been diligent in managing my finances and this incident has caused me undue stress and harm. I trust that Capital One will take immediate action to resolve this matter.

Company response to consumer: Closed with monetary relief