Consumer complaint received 2017-05-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WI
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:
I purchased a  XXXX  Van on  XXXX     XXXX   XXXX     2017. Part o f my purchase price  ( {$1300.00} ) w as paid with my  Capital One cre dit card. Once the van was delivered I immediately contacted  XXXX  and  XXXX  seller to notify them the van was no as described. The vehicle identification number on the body did not match the number on the title. It had body rust which I specifically asked about and the seller stated there was none. It was missing a hub cap and had a broken side view mirror when in the pictures that was not shown. The heater did not work although the seller claimed it did when asked prior to purchase. I sent the title back to the seller for correction. I sent photographic evidence of the rust and seller admitted he missed it. I took the van to a body shop that estimated the rust repair work at over {$1200.00}. The seller also admitted the photos he used to sell the van were not current and did not represent the actual condition of the van. The seller offered, and claimed he 'd send a {$100.00} refund, but never did and was woefully short of the actual cost to repair. I offered to settle for an {$800.00} refund or a return of the van which he refused. I also offered a return of the van for a full refund which he refused as well.     I filed a dispute with  Capital One since the seller would not work out an amicable resolution. I received a letter from Capital One  around   XX/XX/XXXX  a sking me to complete a form and supply supporting documentation. I used a 'secure link ' provided by  Capital One to  provide documentation requested and photos of the damage, an estimate from a third party showing the cost to repair, documentation from the seller 's  XXXX  messages supporting his admission the van was not as described, and the cost of parts to repair the other undisclosed issues the van had. I sent a total  of 14 do cuments clearly supporting my  claim in the manner requested. I received a letter from Capital one shortly after  XX/XX/XXXX  stating they had credited my account {$1300.00}.      On   XX/XX/XXXX  I  received a letter from  Capital One stat ing the merchant had provided information supporting the transaction and they were reapplying the full charge of {$1300.00}! They further stated if I wanted to continue with the dispute I needed to supply information which I had already supplied to them when I completed their form and filed the original dispute. Furthermore, when I looked at the merchants info supporting the transaction, the only thing the merchant had fixed was the title, none of the other issues had been addressed!     On   XX/XX/XXXX  a pproximately  XXXX  CST I called  Capital One customer service thinking they had some kind of a miscu e on their end. I spoke to representative '  XXXX   ' who was unable to assist me and transferred my call to ' XXXX  ' who attempted to assist me but really took the tone of defending the merchant. I was particularly concerned with the rust issue on the van since I specifically asked about rust and the seller told me there was n't any. She responded by claiming they did n't know what part of the van I was asking about, maybe it was a specific part and the body rust shown in the photos. I feverishly looked for my original question asked of the seller and when I could n't find it in short order she stated without the specific question there was nothing she could do. Moments later I located the exact question asking about body rust and  XXXX  put me on hold and her supervisor    XXXX   XXXX    go on the phone.     Unfortunately  XXXX  took the same adversarial posture. He discounted my finding the original question on  XXXX  concerning body rust when in fact that was what  XXXX  said I specifically needed! Furthermore, he stated the photos were not usable as proof when I was specifically told they were from other  CapOne  representatives. The only reason I needed to use their 'secure link ' in order to send them to them photos in a digital format! He also discounted the third party repair estimate when I was told that 's exactly what I needed and that it was acceptable. I queried  XXXX  relative to the merchant addressing only the title issue and not the rust, missing parts and other undisclosed issues the van had and he said the seller was n't aware of them? This was all documented and given to  Capital One bu t for some reason it 's just easier for them to not acknowledge it and rebill my account.     I think it 's unbelievable I have to file a complaint and waste more of my time when all the evidence read by anyone with any common sense would agree the dispute is valid. I even tried to settle for about half the supported damages but the seller offered only {$100.00}. Furthermore, the seller has never refuted any of my claims. He only states he missed it, or did n't notice it. Why does  Capital One  want me to pay for something other than what was promised in words and in photos? Why does my photographic evidence and third party documentation not count? I 've proven the case by any reasonable standards. Why is my own credit card company working against me?     Case  XXXX   Capital One c redit card

Company response to consumer: Closed with explanation