Consumer complaint received 2022-01-24
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

My property was stolen a short time after midnight on XXXX. My cell phone as well as my debit card were some of the items stolen. I called capital one bank to report my debit card stolen from my brothers cell phone on the morning on XXXX. Upon talking to the capital one rep he stated there had been XXXX atm withdraws done with my stolen bank card. I was in shock on how that was possible. I requested to lock down my account. I received an email with my claim number on XXXX. From my banking statement I saw there were XXXX fraudulent atm withdraws done back to bank for {$1000.00} each equaling a total of {$3000.00}. I filed a police report as well on XXXX There was also funds stolen from some of my other financial institutions through my phone apps. Thankfully they have been more understanding & fair as well as conducted proper investigations & have returned my stolen funds. 

Capital one bank has been less than forthcoming and fair with my claim. Initially capital one bank seemed concerned and helpful. I followed up with a phone call on XXXX was transferred to a capital one bank rep by the name of XXXX after speaking to her for some time she made false accusations saying my claim would be denied due to me calling from my sell phone device on XXXX at XXXX a.m which was completely a false accusation. I provided capital bank with phone records as well as some some picture documents indicating my suspicion that the thieves may be professional hackers. I asked XXXX to please recheck there phone recordings to which she continued to make false accusations saying it was my phone number and voice that was recorded. I am completely appalled that a capital bank rep would lie in that manner. I further pleaded with XXXX to check there phone records, recording, as well as the atm cameras where the fraudulent transactions took place. 

I received an email letter from capital one bank on XXXX stating that my claim had been denied. I called capitol one bank that same date to discuss the details. I got transferred to a rep manager by the name of XXXX. I asked questions as to why my claim was denied. She stated that information was private the department who denied it would have the details. She was a bit rude and unprofessional, I still have funds in my capital one bank aside from what was stolen. I had further questions and concerns as there are only capital one cafes and no physical banks. I requested to have my funds transferred to my linked bank account or I would pick up a check for the remaining funds from a capital one bank cafe to be on the safe side. To which her replay was the funds are locked I can not access them till further notice. She replied with not till the investigation is complete. I replied okay great theres still an investigation to my fraud claim. Her response was no its done. It all makes no sense, she could not answer any questions I had. Could not transfer me to someone that could. I very much feel they are not concerned or helpful to there customers as well as take advantage of people who may not fight for whats right. 

That was my last contact with capital one bank. I contacted my attorney for further assistance with this matter. My attorney first emailed a letter to capital one bank on XXXX. To which according to my attorney they did not reply to them. After finding out some further information such as capital one bank had a max atm withdraw of {$1000.00}. I dont understand how the thiefs were able to withdraw {$3000.00} in one day. Was there a failure on capital ones banking? My attorney further advised me of my legal rights & sent out a XXXX letter through email as well as physical mail on XXXX. I still have not heard from capital one bank