Consumer complaint received 2024-09-25
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 (MD)

The backstory is that I ordered {$3400.00} in parts for my XXXX XXXX truck starting in XX/XX/XXXX from XXXX XXXX/ XXXX XXXX, LLC ( XXXX ). XXXX is an acquaintance. I wouldn't consider him a friend but he was someone who provided recommendations, etc. on parts/modifications pertaining to XXXX XXXX  XXXX He presented as an honest person and I had rapport with him. I used my XXXX credit card for the other purchases for parts and XXXX has permanently refunded {$3000.00} as of XX/XX/XXXX. I fully expect XXXX will finish their investigation/dispute and refund the remaining {$400.00}. The issue with Capital One is for a {$6000.00} " fully refundable '' deposit I paid for his XXXX XXXX XXXX Truck that I was going to purchase. XXXX requested I provide a deposit of $ XXXX {$6000.00} deposit for his truck purchase. XXXX and I had a verbal agreement made via a phone call prior to when I sent him a {$6000.00} deposit on XX/XX/XXXX. He said he would fully refund the deposit in the event the vehicle purchase fell through for whatever reason. XXXX XXXX, generally advertised " all sales are final '', which I knew about and verified with XXXX that he would refund the {$6000.00} if the loan or any part of the deal fell through. XXXX requested the deposit to get the truck ready to include shipping it. He wound up not paying any portion of the shipping. I paid {$2400.00} to ship the vehicle from XXXX  to my home in XXXX. When I received the vehicle on XX/XX/XXXX it was not as described, which was " fully built, needs nothing '' according to XXXX. A minimum of ( XXXX ) fault codes/check engine type lights illuminated on the dash each time the ignition is turned on because the truck was not programmed. This was not disclosed. The mileage of the vehicle was higher than advertised ( XXXX, XXXX vs XXXX, XXXX ). The condition of the vehicle was not as advertised ( pre-existing damage, etc. ). It was not as he represented it to be. Performance components that were to be included with the vehicle were not included such as finalizing the tune, strut tower brace not included, etc. I can provide numerous examples. I spoke with XXXX on the XX/XX/XXXX and tried to be civil but essentially told him his truck was not as advertised and I requested to return the truck to him at my expense. XXXX admitted he emphasized the positives of the vehicle and did not mention the flaws. He admitted it was still a " project truck '' on the phone call. This is in stark contrast to what he represented the condition of the vehicle was when he requested the deposit ( " fully built, needs nothing '' ). XXXX said he didn't have the money to refund the deposit immediately but was willing to refund the deposit when he could and still ship parts there were finished or about to be finished. XXXX moved from XXXX  to to XXXX XXXX XXXX XXXX, XXXX, XXXX  XXXX on XX/XX/XXXX. I fully believe he used the deposit for his move and/or for his business. Additionally, I had a XXXX XXXX XXXX XXXX valued at {$600.00} shipped to XXXX to have upgraded that he has not returned. He received the turbo on XX/XX/XXXX. I agreed to return his truck to him on XX/XX/XXXX at his current residence in XXXX  and he would start to ship my outstanding parts and would get me the refund. I drove his truck down and returned it to his wife, XXXX XXXX, at approximately XXXX, XX/XX/XXXX. I took a picture of it in the parking lot, right before I dropped it off. I have a XXXX receipt for transport to the airport ( XXXX XXXX XXXX and one-way flight back to XXXX. I also have a statement from XXXX XXXX showing my loan amount of {$40000.00} zeroed out/zero balance as of XX/XX/XXXX. Capital One is stating they need the merchant 's refund/return policy, a copy of the sales agreement with a date/proof of cancellation/return, and documentation from the merchant stating I returned the vehicle ( a refund voucher or credit statement for the return from the merchant ). Again, his website store is closed, he is not listing anything for sale. There is no information there pertaining to a refund policy ( XXXX XXXX XXXX ). The XXXX XXXX receipt from XXXX states all sales are final, which I verified that he would refund in a verbal agreement prior to sending the deposit. XXXX has not responded to calls, texts, emails, and a large number of negative social media comments against his business practices on his XXXX XXXX, etc since XX/XX/XXXX. I supplied less information to my XXXX credit card for purchases as far back as XX/XX/XXXX and XXXX has fully/permanently refunded {$3000.00} out of {$3400.00} to date. Capital One has been callous and cold- provide only the requested documentation we " require '' or your dispute will be closed. They already considered the dispute closed in favor of XXXX. I requested more time to respond. Capital One Dispute Managers have told me that text messages, emails, social media posts, proof of his website being down, a negative journal article published on XXXX XXXX XXXX  ( XXXX XXXX XXXX  ), etc, etc. are not enough because the merchant has said he doesn't have a refund policy and/or I haven't returned the merchandise. All of this information is relevant to an investigation into a dispute and chargeback pertaining to XXXX XXXX XXXX I paid for a product that was not as described. I returned that product. XXXX has not refunded the deposit. I have done the morally and ethically right thing and now I am in a position with no leverage. I am at the mercy of Capital One to provide a refund because XXXX XXXX XXXX not doing the right thing. I believe Capital One is hiding behind their policies, instead of applying common sense, looking at all the information provided or that I said I could provide, and come to a reasonable conclusion that there is fraudulent activity that XXXX XXXX has XXXX committing. Capital One did not want to see the emails, texts, social media posts, XXXX XXXX article, or additional information such as XXXX/air fare after returning the vehicle etc. Please feel free to contact me pertaining to any and all details. There is still information that I did not include but can include at a later time. Thank you!