Consumer complaint received 2024-08-01
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION (TX)

Subject : Complaint Against Capital One Unauthorized Practice of Law in Regards to Dispute Resolution of Case Number : XXXX Dear Consumer Financial Protection Bureau, I am writing to formally lodge a complaint against Capital One Bank ( USA ) , National Association concerning their handling of a disputed transaction on my credit card account. Below are the pertinent details of my case : Case Number : XXXX Merchant : XXXX XXXX Amount : {$27000.00} Transaction Date : XX/XX/year> Background : On XX/XX/year>, while visiting as a tourist, our local guide took us to XXXX XXXX, convincing us to buy a silk-on-silk carpet. We were in a hurry and did not have accommodation yet. The merchant was very hospitable and concerned and said that he would help find us accommodation. He then showed us a carpet that he said was still being completed. He said it would take another XXXX to XXXX weeks to complete. He also promised to send us pictures of the completed product and to ship it only if we were satisfied with the end product. Since it was extremely expensive, we asked him to send us all the necessary paperwork for XXXX XXXX XXXX ( we do business in XXXX countries and are aware of the paperwork required for customs clearance ) and also so we could purchase insurance for the product. 
Since we were in a hurry, the merchant said he would send us the necessary paperwork by email. However, I did not hear back from the merchant regarding the product we had purchased, nor did he send us pictures of the completed product. Instead, he started sending XXXX pictures of other carpets, asking us to buy them. I refused. I repeatedly requested him to send me the pictures of the product we had purchased. He stopped answering my texts. 
Alarmed that I was being scammed, I contacted Capital One, my credit card company, and explained the situation. I expressly stated that I was being scammed and no longer trusted this merchant since he was not sending me the pictures or the necessary paperwork. Accordingly, Capital One issued a temporary refund of {$27000.00} to my card on XX/XX/year>. 
The merchant, XXXX XXXX, shipped the carpet on XX/XX/year>, XXXX days after I had already filed a dispute with Capital One regarding the fraud being committed. The merchant failed to notify me that he was shipping the carpet, nor did he send me pictures or the necessary paperwork establishing the value of the carpet. 
I was not home when XXXX attempted to deliver the package. My son signed for the package, assuming it was the golf clubs he had ordered. However, when the delivery lady showed him the package, he refused to accept it since there was no information about the sender or the contents of the package. XXXX has confirmed that they have returned the package to the merchant ( XXXX XXXX XXXX # - XXXX ). 
The merchant lied to Capital One, claiming that I had received the package. Simultaneously, the merchant tried to convince me to accept the package. When I pointed out his failure to adhere to the terms of the sale, he immediately sent me a copy of the invoicethe only issue was that he had blocked out the amount with a XXXX XXXX 
How can I accept a sales invoice when the amount is purposefully blacked out by a marker? What is the true value of the carpet? Do I commit fraud on the United States Customs Department by accepting this blacked-out invoice as the value of my carpet? How do I get the carpet appraised for insurance? 
Unauthorized Practice of Law by Capital One : I raised the issue of the blacked-out sales invoice to Capital One, and they said that the merchant provided them with an invoice that was not blacked out. Of course, the merchant had to provide a copy of the invoice that was not blacked out to Capital One because they are the financial institution paying for it. But why send me a blacked-out invoice? How do I validate the purchase? Moreover, the merchant is also committing tax fraud to the XXXX government by crossing out the sale amount on the original invoice. The merchant has to pay 18 % GST ( tax ) to the XXXX government. By now having the original invoice blacked out, the merchant is defrauding the governments of XXXX and the United States ( XXXX ) and me as the customer. 
Capital One issued me a credit of {$100.00}, saying that was the amount the merchant agreed to refund. How did the merchant and Capital One arrive at this number? What is the basis for refunding {$100.00} when the merchant has the product too? 
The merchant emailed a copy of his return policy for the first time on XX/XX/year>, which states : Terms of Sale Contract Sales Contract can not be canceled unilaterally.

VAT or Taxes applicable in the Country of Destination are to be borne by the Buyer/Customer. 
In the event of Customer 's refusal to accept the shipment, the Customer shall have to bear the entire cost of freight to and fro, including demurrage and all other expenses incurred for recalling the shipment to XXXX. 
According to United States and Texas laws, the return policy has to be disclosed to the consumer at the time of the transaction on XX/XX/year>. In this case, the return policy and the blacked out invoice were emailed to me on XX/XX/year>, after they had already shipped the package. 
Secondly, the issue of XXXX  or taxes in the country of destination can not be applied because the merchant has blocked/erased the sale amount on the invoice. I did not ask him to do that. So, how is the destination country supposed to apply XXXX  or Taxes on an invoice that does not show the sale amount? 
As far as shipping costs are concerned, the merchant deliberately shipped it on XX/XX/year>, after I had asked Capital One to cancel the transaction and Capital One had notified the Merchant that I had filed a dispute and asked for cancellation of the transaction. 
The laws are very clear as to what constitutes a sale and what the terms of the contract are. The return policy has to be provided at the time of the transaction, and at no point can any part of the sale/contract be altered or tampered with, making the entire contract null and void. In this case, the merchant deliberately blacked out the sale amount with a marker. He has unclean hands, and United States courts will not allow such people from seeking remedy from the courts. 
When did financial institutions, like Capital One, become all-authoritative and take on the roles of the judiciary in contract law? Why is this being allowed? 
This Transaction is Void for the Following Reasons : Tampered Invoice : The merchant provided a sales contract with the transaction amount deliberately blacked out, raising serious concerns about the legitimacy of the transaction and thereby, voiding the document. 
Failure to Notify and Unauthorized Shipment : Despite my repeated requests for product images and shipping approval, the merchant proceeded with the shipment, violating our agreement. The merchant shipped goods on XX/XX/year>, without my consent and after they had received notification from Capital One that the consumer had filed a dispute and had asked for cancellation of the transaction on XX/XX/year>. 
Shipment Refusal and Return : The package was returned to XXXX after my son mistakenly signed for it, thinking it was a delivery of golf clubs. Upon realizing the error, he refused the package, and XXXX confirmed it is being returned to the sender with the new tracking number XXXX, and the merchant is aware of it. He still made false representations to Capital One, claiming that I was in possession of the merchandise. 
Misleading Information : The merchant falsely claimed that XXXX would destroy the shipment if not accepted within XXXX hours. By making such a false claim, the Merchant wanted the consumer to either pay for the destroyed carpet or accept delivery. XXXX  standard policy is to return undelivered packages to the sender. 
Dispute with Capital One : I filed a dispute with Capital One on XX/XX/year>, stating that the merchant had refused to send me pictures of the product I had purchased and that I no longer trusted this merchant. The merchant shipped the product on XX/XX/year>, after knowing that I had already filed the dispute. 
Despite providing substantial evidence, including email correspondence, photos of the returned package, and confirmation from XXXX that the package was not accepted and is being sent back to the sender, Capital One has re-billed the disputed amount to my account. They have communicated that they consider the case closed, despite the clear evidence of fraudulent activity by the merchant. 
Request for CFPB Intervention : I am requesting the Consumer Financial Protection Bureau to intervene in this matter to ensure that my rights as a consumer are protected. Specifically, I seek the following resolutions : Permanent Cancellation of the Disputed Transaction : Given the fraudulent conduct of the merchant, I request that the disputed amount be permanently removed from my account. 
Investigation into Capital Ones Dispute Resolution Practices : A review of Capital Ones handling of this dispute, to ensure that they are adequately protecting consumers from fraudulent merchants. Capital One and its representatives are engaging in unauthorized practice of law by allowing their agents to make legal analysis and misrepresent the law to customers. How did Capital One come up with the award of crediting {$100.00} to my account, while the merchant is in possession of the merchandise and the money?

Prevent Future Charges : Ensure that no future charges from this merchant are authorized on my account. 
Supporting Documentation : I have attached copies of the following documents to support my complaint : Email Correspondence with XXXX XXXX. 
Photos of the XXXX XXXX. 
Tampered XXXX XXXX. 
Email from XXXX confirming return of the package ( Tracking # XXXX ). 
Thank you for your attention to this matter. 
Sincerely, XXXX XXXX