Consumer complaint received 2023-09-11
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
I was scammed and I use a 3rd party to send money to an individual that did not provided a service. I open a dispute claim with Capital One around XX/XX/XXXX. Once I submitted my complain, they dismissed my claim because it was to old, it was past 60 days, however I made serval transaction to the individual who scammed my dating from XX/XX/XXXX to XX/XX/XXXX. I understood that some of the charges was to old, but the more recent meets the 60 days cutoff. However, they wanted to treat all transaction as one and base on the1st transaction of XX/XX/XXXX even though they were for different reasons to the same person who scammed me. They told me write a reconsideration letter to continue the investigation, so I did. They were not satisfied but wanted to see dates on the letter explaining the situation further. I did that and they were satisfied. Now they determine that the transaction were legitimate because XXXX, the 3rd party site I used to send money to the scammer, had a disclaimer that they are not responsible for scams or money lost and any person that sends assume all responsibility and not XXXX. I understood XXXX 's reasons, however Capital One used there reasons to justify my dispute claim as there own and unfortunately that is not okay. When I made my claim with Capital One, I made the claim against the individual who scammed me, XXXX XXXX. I understand XXXX disclaimer, but it does not justify Capital One responsibility to get the money back from the scammer but Capital One states that XXXX is responsible. They asked me to right another letter which I did and submitted on XX/XX/XXXX. However, they did not accept the reasons. So I called being very frustrated and they told me to write another letter but keep it simple and state that I never received the service. The letter describe my conversation with XXXX  that XXXX wanted to settle for XXXX USD for all transactions, 5 with capital one and 1 with XXXX XXXX which were use as payment and XXXX  being the XXXX party to send the funds to XXXX XXXX who scammed me. XXXX  refuse to have a written settlement but told me to tell my bank and they can pursue it. Now, XXXX does not have any notes regarding this and capital one no longer wants to peruse XXXX Breach of Contract but told me to write a letter stating I never received any services from XXXX. This behavior is unacceptable and tedious. No bank wants to take responsibility or pursue making the person who scammed me responsible. I also open a claim with XXXX XXXX XXXX  for one of the transaction and told them what is happening with Capital One and XXXX. I told them about the disclaimer with XXXX. XXXX XXXX also denied my claim stating the transaction was legitimate however I spoke with a representative and they told me something different from there letter which I receive on XX/XX/XXXX. There reason on the phone is that they settle with XXXX  the XXXX USD and now it is between me, Capital One and XXXX to fix the rest of the transaction. However, that was not I wanted, I told XXXX XXXX that it was a possibility to go that route however, the scammer is the XXXX responsible. Regardless, now XXXX  and Capital one is in breach of contract and XXXX XXXX is involve even though they use that settlement as a way to not take responsibility and letting me deal with Capital One and XXXX  on my own. The amount in total is XXXX USD, 1 transaction with XXXX XXXX XXXX  ( XXXX USD ), and XXXX transactions with Capital One with a remaining of XXXX USD.

Company response to consumer: Closed with explanation