Consumer complaint received 2022-09-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH
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:
On XX/XX/XXXX, I put a deposit of {$300.00} for a friend for an escorted trip to XXXX XXXX with XXXX XXXX XXXX XXXX using my Capital One credit card. The trip was scheduled to take place on XX/XX/XXXX, Due to the Covid pandemic, the trip was cancelled by the tour agency. The tour company allowed the group to reschedule the trip for an alternate date. However, the tour company was unsure if the restrictions from the pandemic would be lifted by the time our new tour date. The uncertainty made it difficult to plan and purchase airline tickets. We finally cancelled with the tour coordinator months prior to the new tour date of XX/XX/XXXX. XXXX. To date, I have not received any refund from the merchant and therefore filed a dispute with the credit card company. 

The issue : We cancelled verbally with the tour coordinator. Per XXXX terms and conditions, the merchant must provide the cancellation policy and any terms and conditions of the transactional sale before the customer makes the purchase. If the customer is making the purchase via the website, the merchant must display all terms and conditions on the same page and before the entry of any payment information. 

The merchant did not provide the person paying the deposit the terms and conditions of the sale. And, the documentation provided does not prove that cardholder was made aware of the terms and conditions before the transactional sale. The merchant provided a letter that claimed that customer should had known the policy because of prior business dealings but this does not fulfill the regulations provided by the Reg and by XXXX. 
Lastly, the representment paperwork provided to me is not readable, If I can not read it, how did the representatives reviewing my case read it? PLEASE SEE ATTACHED DOCUMENTS Capital one provided a temporary credit of {$300.00} to my credit card while the dispute was being processed. The dispute was denied and the {$300.00} was re billed to my account. The company performed the re bill to the account before alerting me to their decision. 
I called and spoke with several representatives before speaking with a supervisor who informed me that my dispute was denied due to the dispute was filed outside of time frame This was not true as the representment documentation provided by Capital one shows that dispute was filed through XXXX, accepted by XXXX 's dispute process as a valid dispute ; submited to the company XXXX XXXX XXXX for response ; and the company XXXX XXXX XXXX  responded. 

Per XXXX 's own rules and regulations in their Charge back rules guidebook, a dispute can be filed 120 days from the last date of service not to exceed 540 days from the original transaction date. The reg states the consumer does have 2 years from the transaction date to formalize a dispute with the credit card company. 

Again, the merchant has not provided proof that I the cardholder making the payment was aware of the terms and conditions of transaction before purchase.

Company response to consumer: Closed with monetary relief