Consumer complaint received 2024-06-03
Product: Money transfer, virtual currency, or money service — Mobile or digital wallet
Issue: Fraud or scam — 
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

On XX/XX/XXXX, I listed a XXXX XXXX XXXX for sale on XXXX. I was contacted by a man named XXXX XXXX expressing interest in purchasing the car. He reached out via text from a XXXX email ( XXXX ). We agreed on an amount of {$7000.00}, and he would pay with a check coming from his retirement account. He said he was out of state at the moment and would mail the check to me. Since he was out of state, he said he would arrange a mover to pick the car up from me and would include the moving cost with the payment for the car. This brought the check to a total of {$10000.00}. 

The check arrived on Monday the XXXX in an overnight XXXX  package ( tracking number : XXXX ), and I made a mobile deposit at Capital One into my checking account that same day. Prior to depositing, I checked all of the security markers on it and blacklighted it. Everything checked out. A hold was placed on the check but was released on the XXXX and XXXX, making all the funds available. He informed me the next day that due to a personal issue, he could no longer purchase the car and requested the funds to be returned. I sent {$4000.00} of the funds in increments of {$1000.00} to through my XXXX account via my XXXX bank account due to a daily limit on my Capital One account. The email he provided for the XXXX was XXXX and the recipient name that came up was XXXX XXXX XXXX. The rest was sent in XXXX XXXX through my Capital One checking account to email XXXX. 

On Tuesday the XXXX, days after the bank cleared the check, I checked my account online and saw the check had bounced, and now my account is overdrafted by {$8000.00}. Ive reached out to XXXX with no response. I contacted XXXX ( claim # : XXXX ), XXXX XXXX, and Capital One ( claim # : XXXX ), but all denied my claim. I additionally filed a claim directly with XXXX and am still awaiting a response, as well as an FTC report ( report # : XXXX ). I will be submitting a CFPB report as well. I still have the check and the envelope it was mailed in. The envelope also contained a phone number : XXXX. 

I was only comfortable with sending the funds back due to the security markers of the check being all present in combination with the bank releasing the funds. Ive worked for a bank in the past and know legally a bank can hold a check for up to seven business days. I dont normally make check deposits, especially for this amount. I believe if the bank wasnt able to verify the funds prior to release, the hold shouldve been extended to ensure the legitimacy of the funds. The day after I made the deposit, I called Capital One to see if they were able to verify directly with the other bank to release the funds earlier but was informed they needed to go through their full process. 

I wouldnt have made this transaction if I wasnt under the impression that the funds were good, and I should not be held responsible for a fraudster taking advantage of me. I want to recover my funds, as due to the amount of overdraft, I cant pay my bills. Lastly I filed a police report with my local authorities, XXXX XXXX report number : XXXX.