Consumer complaint received 2020-06-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
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:
THE FOLLOWING INFORMATION WAS SENT TO CAPITAL ONE ON XX/XX/2020 INVOLVING A DISPUTED CHARGE. AFTER RECIVEING THIS INFORMATION THEY SENT ME A LETTER DATED XX/XX/2020 STATING I DID NOT HAVE ENOUGH EVIDENCE AND MY CASE WAS CLOSED. PLEASE READ BELOW AND SEE ATTACHED DOCUMENTS ALL OF WHICH WERE SENT TO CAPITAL ONE WITH THE BELOW DESCRIPTION. I BELIEVE CAPITAL ONE IS VIOLATING MY RIGHTS UNDER THE FAIR CREDIT BILLING ACT. 
On XX/XX/2020, I booked airline tickets from XXXX XXXX through XXXX in the amount of {$1300.00}. The flights were from XXXX XXXX, CA, to XXXX, XXXX XXXX, with a connecting flight from XXXX to XXXX, XXXX, with travel dates of XX/XX/XXXX and XXXX, 2020, and return flights with travel dates of XX/XX/XXXX and XXXX, 2020. 
On XX/XX/2020, XXXX advised me via email that the flights were involuntarily changed by XXXX XXXX ( see attached exhibit ). The new flight times were unacceptable to me, not only because our flight leaving from XXXX XXXX ( XXXX  ) changed from XXXX to XXXX XXXX Pacific Time ) , but also because we would now miss our connecting flight in XXXX by 10 hours and it would be impossible to reach our final destination in a timely manner. I attempted to contact XXXX by telephone, but could not reach them due to high call volume related to the COVID19 Pandemic that was spreading rapidly around the world. However, I did send XXXX Customer Service an email on the morning of XX/XX/2020 ( see attached exhibit ), advising them that the flight time changes were unacceptable due to our related travel plans, and requested cancellation and refund of all charges. Since I could not contact XXXX by telephone, I requested in this email that they contact me directly. I continued for the next several weeks to make numerous attempts to contact XXXX by telephone without success. However, I did send follow up emails later in the day on XX/XX/2020, on XX/XX/2020, and XX/XX/2020, ( see attached exhibits ), again advising them that the flight changes were unacceptable and requesting cancellation of the flights and a full refund of all charges. 
On XX/XX/2020, I was notified by XXXX and XXXX XXXX via email ( see attached exhibit ) that my return flight to the U.S. was now departing from a completely different airport and city then I originally booked. I responded via email again on XX/XX/2020, that this change in cities and airports was unacceptable and once again requested a refund. I also advised them that I would dispute this charge with Capital One if no refund was issued. On XX/XX/2020, I sent another email to XXXX advising them again that I was requesting a full refund ( see attached exhibit ). No response has ever been received by me from XXXX regarding my request for cancellation and refund since my original email or any additional email sent to them. 
I also made several attempts to contact XXXX XXXX directly by telephone but was unsuccessful, getting only constant busy signals, again due to the COVID19 Pandemic, which was now spreading rapidly in XXXX XXXX. I should also mention that XXXX XXXX had no information available to contact them via email. 
However, On XX/XX/2020, XXXX XXXX notified me via email that my XX/XX/2020 departure flight from XXXX was cancelled ( see attached exhibit ). This email notice came the day before we would have been scheduled to depart XXXX. XXXX never advised me that this flight had been cancelled and I received no credit for this cancellation. 
Even though my numerous emails never received a response from XXXX, and my continued attempts to contact them by telephone were unsuccessful, only getting busy signals due to the COVID19 Pandemic, given the fact that I advised them via email on several occasions that the flight changes and cancellations were unacceptable, I believe I made repeated good faith efforts to resolve this billing dispute with XXXX. However, XXXX has failed to act in any way to resolve this matter directly with me and has chosen to continue to try and collect payment for these unacceptable changes and cancellations to my original flights and financially benefit from these unused products and services. 
Additionally, on XX/XX/2020, the country of XXXX imposed mandatory travel restrictions, which prohibited foreign nationals from entering their country ( see attached exhibit ). XXXX could have and should have requested a full refund from XXXX XXXX, due to not only the involuntary and unacceptable change in flights, but also due to this travel restriction. Their failure to do so, should be to their detriment and not to mine as I had made several attempts to resolve this matter with them. 
In furtherance of my case, on XX/XX/2020, the U.S. Department of Transportation issued an Enforcement Notice ( see attached exhibit ) advising that US and foreign airlines remain obligated to provide a prompt refund to passengers for flights to, within, or from the U.S. when the carrier cancels the passengers scheduled flight or makes a significant change and the passenger chooses not to accept the alternative offered by the carrier. The obligation of the airlines to provide refunds, including the ticket price and optional fees charged for services a passenger is unable to use, does not cease when the flight disruptions are outside of the carriers control ( e.g., a result of government restrictions ). My original flights were changed by approximately 12 hours and travel was restricted to XXXX. Based on this, XXXX would have been able to receive a full refund on my behalf from XXXX XXXX. 
I believe the evidence I have provided in this matter is overwhelming in support of my Case. The flight changes and cancellations by XXXX XXXX, coupled with the US Department of Transportation Notice of Refund Requirements, and the failure by XXXX to respond to my emails, clearly overrides their No Refund policy upon completion of booking. Therefore, I am continuing my formal dispute of this transaction and requesting a full credit of the charges reapplied to my account in the amount of {$1300.00}, which should be credited back to my account as soon as possible.

Company response to consumer: Closed with explanation