Consumer complaint received 2024-10-24
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Other problem
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA, XXXX XXXX XXXX Date : Capital One Attn : Legal Notice XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX RE : Complaint for Loss of Income Due to Delay in Refund Case : XXXX XXXX XXXX XXXX Capital One Plaintiff : XXXX XXXX XXXX Defendant : Capital One Jurisdiction : Nature of Complaint : Loss of Income Due to Capital Ones Negligence / Tort I. Parties Involved 1. Plaintiff : XXXX XXXX XXXX, a professional XXXX blockchain developer and cryptocurrency investor, working independently from XXXX XXXX in XXXX XXXX, CA. I manage a project called XXXX XXXX XXXX, which is reliant on the appreciation and stability of XXXX tokens. 
2. Defendant : Capital One, a financial services company providing credit card services to consumers, with a legal address located at, XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX. Statement of Facts 1. In XX/XX/XXXX, I was the victim of a fraudulent listing on XXXX, which led to the loss of {$1600.00}, charged to my Capital One account. 
2. I promptly reported this fraudulent charge to Capital One and requested a refund, as the transaction clearly involved a fraudulent listing. 
3. Despite providing all necessary documentation and following XXXX Ones dispute resolution process, Capital One failed to refund the {$1600.00} by a reasonable date. 

Instead, the defendant continually refused to refund me until XXXX XXXX months after the original report. 
4. I only received the refund after escalating the matter and filing a formal complaint with the Consumer Protection Bureau ( CPB ) in early XXXX. 
5. As a professional XXXX developer and cryptocurrency investor, I was holding over {$2000.00} of XXXX purchased via my XXXX  account for use in my project, XXXX XXXX XXXXXXXX. 
6. The funds were intended to be held in XXXX ( XXXX ) tokens, which appreciated significantly in value during the relevant period, from {$32.00} per token in XX/XX/XXXX to approximately {$200.00} per token in XX/XX/XXXX. 
7. Due to Capital Ones negligence and failure to process my refund in a timely manner, I was forced to double-spend {$1600.00} in XX/XX/XXXX to cover the fraudulent charge, as my refund was delayed until XX/XX/XXXX. 
8. As a result, I was unable to reinvest or hold the {$1600.00} in XXXX XXXX during the critical period of XX/XX/XXXX to XX/XX/XXXX, missing significant capital gains that I would have realized had the funds been available for investment. 
9. Based on the appreciation of the XXXX token during this time period, I estimate that I lost approximately {$10000.00} in potential capital gains due to Capital Ones delay. 
III. Legal Claims 1. Negligence : Capital One owed me a duty of care in handling my claim of fraudulent activity and providing a timely refund. By delaying the refund for five months, the defendant breached this duty, causing me to suffer financial harm. 
2. Breach of Contract : As a credit card service provider, Capital One has an obligation under their terms and agreements to handle disputes and refunds in a reasonable timeframe. The defendants failure to do so constitutes a breach of the contract between Capital One and myself. 
3. Unjust Enrichment : Capital One unjustly enriched itself by withholding the funds for an unreasonable period of time, during which I was deprived of the ability to invest and grow my cryptocurrency assets. 
IV. Damages As a direct result of Capital Ones actions and inactions, I have suffered financial losses including but not limited to : Loss of Income : I lost the opportunity to realize approximately {$10000.00} in capital gains due to the delay in receiving the refund. 
Emotional Distress : The financial burden and time spent pursuing the refund caused undue stress, frustration, and harm. 
V. Relief Sought I request the following relief : 1. Compensatory Damages : In the amount of {$10000.00} for the lost capital gains on the XXXX investment, minus the balance due on the Spark Select and Spark Classic credit cards opened with Capital One. 
XXXX. XXXX XXXX : On the damages sustained, to be calculated from XX/XX/XXXX through the date of the refund. 
3. Legal Fees and Costs : Reimbursement of any legal fees or court costs associated with filing this complaint. 
4. Any Other Relief the Court Deems Just and Proper. 
VI. Conclusion Capital Ones failure to promptly refund the {$1600.00} for a fraudulent charge has directly caused me to lose a substantial opportunity to gain capital through my cryptocurrency investments. I seek compensation for these losses and ask the court to hold Capital One accountable for their negligence and breach of duty. 
Sincerely, XXXX XXXX XXXX