Consumer complaint received 2018-11-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
On XX/XX/2018, I received a {$300.00} check from a gentleman for merchandise he bought from me. While the gentleman was in front of me I called his bank to verify that the account was active and the funds were available. XXXX XXXX was the bank that the check was drawn on and they confirmed that the account was active and funds were available. Once we finished our business, I deposited the check into my Capital One 360 checking account. I check my account via the mobile app at XXXX and it stated that the first {$200.00} was made available til the check clears. At XXXX, I received an email stating that fraud prevention put a hold on my account and wanted me to call in asap. At XXXX, I called Capital One and was transferred to fraud prevention. They said that they called XXXX XXXX and was told that the check would be returned for NSF and because of that Capital One was closing my account and ending any business relationship now or in the future. I told he guy in the fraud dept that I didn't understand why they were closing my account since I did what I was suppose to do. At this point, I asked when my money was going to be released since I do have children that I need to care for. I was told that they would be keeping the funds and waiting for the check to be returned so that they could return it to XXXX XXXX. 
On XX/XX/2018, I decided to check my account to see what had happened with the check. To my surprise my account was still open and this time my over all balance & available balance was {$300.00}, but states that the funds are unavailable for withdrawal and that I needed to call in yet again. So at XXXX, I called in and they transferred me to another dept that wasn't fraud prevention. I was told that they only do out bound calls and that they could transfer me to a voicemail. I asked them to please transfer me were I did leave a voicemail. Around XXXX, I still received no call from anyone at the bank so I called in again to try and reach someone before the end of business day. The rep said that they couldn't give me any info nor release the funds. I asked him to transfer me to someone that could do something. I was transferred to XXXX ( manager ) who was rude straight from the beginning and so I told her that I wanted to speak to someone higher than her and she stated that there is no one higher than her. So I asked her, are you telling me that you own the bank? She stated no but refused to give information to anyone higher than her. The next thing I knew the call was disconnected. 
So instead of letting myself get upset, I decided to wait to see what happens with my account since I used to work for XXXX XXXX and I know their banking policies. It's now the first week in XXXX and in the mail I received a statement for my account stating that it's still open and it's earned interest of {$0.00}. That got me a little curious, so I called Capital One again. This time I was told that It's a ghost account and the money isn't really there. I asked them to explain how this ghost account is earning interest on money that isn't really there and no one had an answer for me. So yet again I asked for someone higher than the person that I was talking too and was told that there was no one else that I could talk too. By now my fuse was starting to get real short since no one could give me any answers, so I started doing my own research when time allowed me. Now it's the beginning of XXXX and almost 2 months since I deposited the check into my account and I'm receiving another statement stating my account has earned more interest of {$0.00}. I called Capital One again and asked to talk to someone in fraud prevention. This time they wouldn't transfer me to the voicemail, but told me if there was any changes to my account then they would call me. I told the lady on the phone that I used to work for XXXX XXXX and if the money is in my account then that means the check cleared. I told them what they are doing was illegal and that I wanted a date that my funds would be released. I was told that they wouldn't be and then the agent started getting really rude. Once I got off the phone this time I started looking over Capital One 's policy and that of the Federal Reserve under regulation CC. I found out that my funds are suppose to be released to me once the check clears the other bank and that if for any reason they are to be held longer that I'm suppose to receive written notice telling me why and a date when they will be released. I never received anything of that sort from Capital One. It's now XXXX, 3 months since the check was deposited and I received another statement saying that my account earned more interest of {$0.00}. This time I was going to stand my ground. I called Capital One again and explained to XXXX ( manager ) that the way they are holding my money is illegal. I read her Capital One policy, the Federal Reserve regulation CC and informed her that I used to work for XXXX XXXX so if they were going to return the check then they would have done so already. She tried to be as helpful as she could, but she was at a loss herself. She did tell me that I could contact customer satisfaction, but they can only be emailed. I explained that with XXXX coming up pretty fast that I just needed my money to do something for my kids. She was completely sympathetic, but her hands were tied. I did send an email to customer satisfaction, but have heard no response as of yet.

Company response to consumer: Closed with explanation