Consumer complaint received 2020-01-02
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: CAPITAL ONE FINANCIAL CORPORATION (NY)

Capital One Bank is terrible. My debit card was compromised and used at an ATM last Wednesday, XX/XX/XXXX. I immediately called to report it, and customer service gave me a credit while they " looked into '' it, but said because there's a chip in my card and it was used at an ATM that the dispute would take 10 days. 4 days later I got an email saying that my claim was denied because it was a chip transaction and that there's no way someone could commit fraud on my card. 

When I called customer service for about the 4th time, they basically said I was a liar, saying they have special " technology '' that shows that my card ending in XXXX was there making this transaction - when I was on my way home from work, miles away from this ATM location where I supposedly took money out of. This ATM I supposedly used is about 11 miles away, and I'd never used it before. The person I spoke to argued with me, saying nothing can be done. It doesn't seem like there was any actual investigation done to corroborate my claims, and I know for a fact that an erroneous charge with a chip card can happen because it has happened with XXXX XXXX  a couple of years ago and they corroborated my claim. 

This bank is negligent, doesn't care about its customers when they report real and actual kinds of fraud, and isn't honoring the fact that my money is supposed to be insured. They just kept telling me about this " special technology '' that their chip cards have. 

On XX/XX/XXXX, I noticed another fraudulent transaction on my account for {$100.00}, from the same ATM in XXXX New York, even though the card I'd reported was supposedly canceled. I called and the bank said that a new card was sent and activated, and said they'd get me over to the security department to resolve the issue. I waited on hold for about 15 minutes, and they told me that they would be canceling my account because I am a " risk ''. I called the XXXX and they themselves were incredulous about the actions taken by Capital One. 

I want the {$580.00} back plus more for the emotional stress this has caused me, especially around the holidays. I had bills to pay, and not to mention plans with family and friends and this situation ruined them. Capital One lacks the means and the resources to prevent this and I'm offended that they think I would commit fraud. I work a full-time job in XXXX XXXX. I work for my money and this isn't fair. I tried to ask for help numerous times - I tried to tell them what happened and I've done everything right- this isn't my fault. Either this bank is complicit or just negligent. Either way, they need to be held accountable. 

I simply did not go 11 miles out of my way to make these purchases at an ATM in a city I never go to. 

Heres where it gets worse. The bank is lying when they say that the chip card that was used was in my possession at the time. On XX/XX/XXXX, I went into the bank branch and they told me that none of the purchases made at this ATM were made using the only debit card in my possession, the one ending in XXXX. In fact, they sat down with me, looked at my account and apologized for the incompetence of the online banking trust and safety team, because it was clear to them that these purchases were out of the ordinary and not made by me. However, since this is a 360 account, the only people that can rectify this situation are only reachable by phone and refuse to help. 

The branch manager at XXXX XXXX said that the bank had some sort of a security issue, and sent me a new card randomly. I never requested or got this card. This was the card that was used for these erroneous purchases.NOT the one in my possession, which is the lie that is the basis for them denying my claim. They also will not give me the required affidavit for fraud that the police requested numerous times in order to file a police report, yet they told me I should file one to help with my claim. 


Clearly this bank is trying to avoid liability for something that was not my fault. This needs to be rectified immediately. 

Best, XXXX