Consumer complaint received 2023-05-18
Product: Credit card or prepaid card — General-purpose credit card or charge card
Issue: Closing your account — Can't close your account
Company: CAPITAL ONE FINANCIAL CORPORATION (PA)

Today I spoke with two Capital One customer services representatives ( CSR ) to discuss the waiving of the annual fee for the above-captioned. I was advised that this was possible however, I was recommended to pay the fee as the credit would not apply to the current XX/XX/XXXX statement. After recommending this several times, I asked the first CSR directly that, should I not pay the {$59.00} fee, would Capital One charge me interest and or fees. This was confirmed. I explained that I had no intention of paying and asked whether my failure to do so would result in this being reporting to any credit rating agency. The CSR responded of course Capital One reports everything the credit agencies. I then advised that I wished to cancel my account and that I needed confirmation that I would not be charged interest and/or fees for not paying my annual fee. My reasoning how could Capital One charge interest or fees for an annual fee on a canceled account as it could not be entitled to the fee therefore it would not be entitled to interest and/or fees resulting from non-payment? 
I was then transferred to a supervisor who advised that there was no way to waive any interest or fees should I not pay the annual fee. I explained to the supervisor that I had called Capital One in XXXX when I was advised on my XXXX statement that the fee would be charged in XXXX. I was told that Capital One could not honor my request at that time as the annual fee had not been charged yet and to call back in XXXX when the statement with the fee was issued. Once I realized that Capital One had manipulated my efforts to waive the fee in XXXX so that it could charge me the annual fee in XXXX and then impose charges should I not pay it, I reiterated my desire to cancel my account. The supervisor advised that I would have to agree to a disclosure statement in order for the account to be canceled. I advised that I had no intention of agreeing to a disclosure from Capital One given the deceptive practices it had engaged in with regards to my request. I then confirmed with the supervisor that the call was being recorded. I reiterated my desire to cancel the account and that, considering the circumstances, I would not agree to Capital Ones terms and conditions. The supervisor advised there was no one else that could assist with my request. She advised that the account will not be canceled despite my multiple requests. 
Capital One was aware in XXXX of this year and at all times prior that it would penalize customers who requested a waiver of the annual fee in the month prior to it appearing on a monthly statement should it not be paid I the month it was billed. It is aware that it is not entitled to a fee on an account for an canceled account. It continues to refuse to cancel an account so that it may impose such interest and fees for its own enrichment. This is a deceptive practice. Under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111203, title VII, 124 Stat. 1376 ( 2010 ), SEC. 753. Anti-Manipulation Authority. ( a ) Prohibition Regarding Manipulation and False Information, Capital Ones actions are illegal. 
I made several requests to cancel my account today with no action taken by Capital One. I am reiterating my desire to do so as of the date of this complaint. I also request confirmation from Capital One any of it affiliated companies and/or third party partners, that it will not impose any interest, fees or other charges resulting from the unpaid annual fee and, confirmation that no report will be made to any credit agency regarding my failure to pay the annual fee.