Consumer complaint received 2016-12-20
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Bank account or service
Sub-product: Savings account
Issue: Account opening, closing, or management

Complaint:
XX/XX/XXXX XXXX of my XXXX sisters and I opened a " for benefit account '' with XXXX in the XXXX area. The purpose of this account was to provide funds for the support and maintenance of our other sister who is XXXX. My sister and I were the source of the funds for this account. A few year later, XXXX XXXX was acquired by Capital One Bank. While living in the XXXX area I was able to make changes and updates to this account since my sister and I were both listed and Representative Payees on the account so that our XXXX sister had sufficient funds for her living expenses and housing needs. Four years ago, I moved to XXXX Florida which is out of the service area for Capital One Bank, but I continued to make needed adjustments to the account by mailings to the Capital One branch near where we used to live. Two months ago I sent a letter requesting an increase in the monthly allowance provided to my XXXX sister. When no changes were made, I contacted the Capital One branch where I sent the letter and was informed that I now had to work through the Capital One customer service department. XX/XX/XXXX, I contacted this department via telephone and spoke with a customer service representative representative to make my desired changes. Since I was a Representative Payee on the account, as shown by the Capital One records, I was able to make the desired changes -- or so it appeared. However, it soon became apparent that something was not right. Instead of making the increased monthly transfer to my handicapped sisters account on XX/XX/XXXX, as requested and as per the schedule for the past 12 years, the amount was deposited on XX/XX/XXXX. This information was relayed to me by my XXXX sister who was surprised to see the amount appear in her bank account at the wrong time. I waited until XX/XX/XXXX, to see if the transfer schedule would be reset to its intended time, but this did not happen either. On XX/XX/XXXX, I again contacted the customer service department of Capital One by phone in an attempt to correct the schedule. In the phone call I was informed that I was no longer listed as a Representative Payee for the subject account and could not make any changes in it. I was informed that another person was now in control of the account. It was suggested that I " go to my nearest Capital One branch and try to resolve the issue with the manager. '' However, since I now live in XXXX FL, the nearest Capital One branch is about XXXX miles way -- not very useful! My first thought was that somehow I had been dropped and the other " person in charge '' was my other sister who was listed as a Representative Payee when the account was established. However, when she called Capital One customer service, she too was informed that she no longer had any control or access to the account. So now Capital has an account -- originally established for the benefit of a XXXX individual -- for which they have transferred control ( illegality I would presume ) to a third party who has no knowledge of what the account is for or who the beneficiary is supposed to be. Unless they can fix this in the very near future so I that I can make the necessary deposits and changes required for XX/XX/XXXX, I plan to contact an attorney and file a major law suit against Capital One bank. No doubt, since I have no control over the account, once it is depleted of funds it will become a " zombie '' account and continue to incur charges to be levied against the account holder ( whomever that may be ) forever after ... ...

Company response to consumer: Closed with explanation