Consumer complaint received 2023-03-06
Product: Checking or savings account — Checking account
Issue: Managing an account — Banking errors
Company: CAPITAL ONE FINANCIAL CORPORATION (LA)

XX/XX/XXXX Capital One Claims Processing Center XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Capital One N.A. 
XXXX Capital One XXXX Attn : XXXX XXXX, VA XXXX XXXX to : CAPITAL ONE BANK DENIAL OF REQUEST FOR FRAUDRATUALLY TAKING FUNDS FROM : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, CHECKING ACCOUNT XXXX XXXX. Issue of loss of funds due to lost phone/wallet containing banking info. 
a. On XX/XX/XXXX, both my XXXX and wallet were stolen. I believe this pickpocket took place on XXXX and XXXX XXXX XXXX in XXXX XXXX, Louisiana while I was walking home having XXXX at XXXX XXXX. 
b. I was not aware that my wallet and XXXX were missing until I woke up that morning XX/XX/XXXX. 
c. The fraudulent charges that appeared on my account occurred on XX/XX/XXXX from approximately XXXX XXXX, the same time I was pickpocketed. 
d. Theses illegal charges were made through a combination of debit card, XXXX and XXXX XXXX. There were a total 18 unauthorized individuals charges totally {$5500.00}. 
e. I first contacted Capital One bank about the lost of funds on Sunday morning, XX/XX/XXXX via telephone, reporting the lost as soon as I realized it. 
f. I filled a police report first on XX/XX/XXXX, at XXXX XXXX. 
g. On XX/XX/XXXX, the first date I was allowed to file a claim because of pending transaction with merchants I was given 2 separate claim numbers : XXXX - {$1500.00} and XXXX - {$3400.00}. 
h. On Sunday afternoon, XX/XX/XXXX, I went to XXXX  store and had my lost phone disabled and purchased a new phone. 
i. The XXXX charges including XXXX transportation were purchased on my neighbors XXXX XXXX XXXX XXXX Credit Card XXXX 
j. Using my new phone I saw that personal information, stored in XXXX, including past Capital One statements, social security number, copies of checks and all personal information were still accessible to a theft. 
k. On XX/XX/XXXX I was given a Banking Card provisional credit in the amounts of {$3400.00} and XXXX in my checking account. 
l. On XX/XX/XXXX I received a letter from the claims department We finished looking into the claim and didnt find an error happened. 
m. I am certain an error didnt happen. These funds were stolen from me when phone and wallet was stolen. 

2. Current Status : Cap One Denial and rejection of facts. 
a. I spoke with Capital One through your call centers. To get my money returned. 
b. On XX/XX/XXXX I called and spoke to Customer Protection to reopen my original case {$3400.00} and {$1500.00}. 
c. On XX/XX/XXXX, I once again received a letter of denial from Claims Support Center. 
d. On XX/XX/XXXX, I sent to the Capital One Claims Department both a fax and an email to XXXX. 
e. On XX/XX/XXXX, Card Investigation send me a denial. They also suggested considering continuing my disputed claim with the merchants. I have had no merchants and feel very strongly conversation should always be with Capital One Bank. 

3. Circumstances of my missing funds that demonstrates fraud : a. Proof of Immediate replacement of phone b. On Sunday afternoon, XX/XX/XXXX, I went to XXXX  store and had my lost phone disabled and purchased a new phone. 
c. The T-Mobile charges including XXXX transportation were purchased on my neighbors XXXX XXXX XXXX XXXX Credit Card XXXX 
d. Filing a police report. 
e. Contacting an attorney to attest for my personal and business character. 
f. My consistence and repeated attempts to show capital XXXX that this is not a case of merchant dispute but a case of stolen identity and stolen funds. 

4. Language and communication difficulties with Capital One Call Centers a. During the multiple conversation with Capital One call centers, I was consistently speaking to representations who were not native English speakers. 
b. I was fully aware that the story and facts surrounding my stolen phone and wallet were not completely understood by the representatives. 
c. After my constant efforts to communication with Capital One claims and fraud departments, I was sorely disappointed the be constantly rejected and finally told to take up my case with outside merchant entities. 

5. What I expect from Capital One Bank a. I believe that Capital One Bank is responsible for helping me get back my own money that was in a Capital One Small Business account.

b. If Capital One rejects my claim it can not be based on investigation of unknown vendors and merchants and the illegal use of my bank information and personal information.

c. I expect to have a personal phone call conversation with a Capital One authority who can help me recover my Capital One funds that have been missing for 6 months.

d. I do not believe your investigation to my claim was done in the knowledge and spirit of my stolen money. 

I have been a satisfied banking small business banking customer for over 7 years. I have always had great expectation of your knowledge and banking skills as applied to my account. I am sorely disappointed that I have not received more accurate and personal communication regarding my claim. 

I will be attaching some selected appropriate documentation to this letter. I am also filling out a dispute for Fraudulent Charges to the Consumer Financial Protection Bureau XXXX to submit a complaint financial product of services. I am hopeful you will communicate with me at your earliest convenience. 

XXXX XXXX, XXXX XXXX XXXX