Consumer complaint received 2020-11-20
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
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: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
Capital One XXXX  Dispute : XXXX  30-day Reservation. 

I was charged nearly {$1400.00} for an XXXX 30 day accommodation, only to show up at the XXXX to find health and safety violations that made the accommodations uninhabitable. I never checked-in, and due to lack of any similar accommodations in a remote mountainous area, I was forced to sleep in my car and eventually left, sheltering during a pandemic at another hotel, in a different city, during the same XXXX dates. 

Capital One has failed to manage this dispute according to federal regulations. The details of the dispute are attached in the narrative pdf. After 4 months since the charge, contacting Capital One over 12 times, speaking with more than 15 different representatives, all Capital One associates are unwilling to file a dispute under the correct criteria. 

The dispute was filed for an invalid reason of services different than described, thus requiring a secondary opinion affidavit for visa. Then capital one dismissed my dispute, claiming that since I submitted all other required documents, but was missing a single secondary opinion, that I had lost my entire rights to dispute. However, based on when I submitted my 10 pages of evidence with pictures, Capital One actually auto generated a response letter without looking at my evidence, as stated by one of their representatives on XX/XX/XXXX. See attached audio. 

Below is a detailed timeline of events : XX/XX/XXXX : Charged for 30 days at a peaceful mountain retreat on XXXX. This fraudulent listing was later revealed to be a half-way house for drug addicts and recovering alcoholics. Additionally, a farm on the property was not disclosed, with several ducks, geese, parrots, dog, and multiple cats all living inside of the property and my accommodations. I immediately brought these matters up to the XXXX host, who failed to uphold his part of the contract to provide accommodations. So I ended up not taking the room and sought other housing. 


XX/XX/XXXX : Disputed XXXX charge based on lack of accommodations being available. Attempted to resolve the issue with the merchant directly for almost three weeks, the XXXX host, the house manager, and spent the entire time sleeping in my car ; eventually charging another clean and safe hotel during the same period as the XXXX reservation. All these documents, receipts, pictures, reports, affidavits, second opinions, conversations, emails, and XXXX correspondence were submitted to Capital One, however, they did not process the evidence. This action is another mishandling of my dispute. 

XX/XX/XXXX : Received email from Capital One stating that the merchant had filed a rebuttal, admitting they owed me a refund, but only processed {$200.00}. The paperwork Capital One sent went to an old address in Florida they had failed to update. So the required documents had to be resent from Florida to Nevada, which took extra travel time. 

XX/XX/XXXX : Uploaded required documents into the XXXX system, however, was unable to provide all evidence like pictures because the links Capital One sent were not working. The files had to be reformatted and somehow the links were not working. 

XX/XX/XXXX : Spent 1.5 hours on the phone with Capital One representative who went through all the required dispute documents with me online, sending several new working submission links. The old links sent had expired and were unable to process the type of picture formats, so I had to reformat all the photos. This associate assured me that we had gone over all the required documents and my submission was complete. 

XX/XX/XXXX : Deadline given by Capital One to submit response to merchant rebuttal. This deadline was extended from XX/XX/XXXX due to misdirected mail. 

XX/XX/XXXX : A letter saying I was missing information is sent. However, the letter does not say what documents were received and what was missing. 

XX/XX/XXXX : Contacted Capital One based on a letter sent, stating that I hadnt filed my claim within sixty days of the statement charge closing, and that was the reason for denying my dispute. 

XX/XX/XXXX. Two separate supervisors hung up on me, XXXX who said no one is above her and she was the highest level of management I could talk to and that there was no higher level to talk to be before she unprofessionally ended the call. Her employee # XXXX. 

The second manager was equally dismissive and told me to contact the Department of Transportation before hanging up on me. She tried to say that I was missing documents also. This rude manager actually closed out my credit card account, without my authorization : because I told her I wanted to close out my accounts if she wasn't going to help me get to an executive response team. 

I spent three hours trying to get help, being told repeatedly that Capital One had closed my dispute due to the same erroneous reasons for missing a secondary opinion letter. This second opinion letter would not have been needed if Capital One filed the dispute correctly. Also, the representative who filed my paperwork on XX/XX/XXXX said that the affidavit I submitted was valid and all the requirements had been successfully submitted prior to the deadline. A second opinion is impossible to acquire on unique XXXX listings, there were no other XXXX  or vacation rental properties available on XXXX XXXX, NV that I was able to find, when i was trying to find a place to stay nearby. 

XX/XX/XXXX : Supervisor Employee # XXXX tried to argue with me and as a third supervisor, hung up on me. She said that Capital One disputed the charge properly as services received, because I showed up to the XXXX and took pictures, as evidence, of the substandard accommodations - which somehow she twisted into evidence of my checking in. However, since I never had access to or was given the contracted service or accommodations, this idea of checking in and accepting any goods or services, in addition to the contracted goods are services being provided in any way, shape, or form, is entirely false. 

According to Capital Ones own representative on a recorded and submitted conversation on XXXX second, he admitted that capitol had failed to look at my evidence at all. I believe that the supervisors were trying to change the rules, dates, and facts in their favor, to cover up the fact that they did not handle the dispute correctly from the beginning.

Company response to consumer: Closed with explanation