Consumer complaint received 2021-10-11
Product: Credit card or prepaid 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 (AL)

Case Number : XXXX Merchants Name : XXXX XXXX Date : XX/XX/2021 to XX/XX/2021 Disputed Amount : {$500.00} Dear Capital One, I received your letter with the update on the above mentioned dispute. This letter is to inform you that I do want to continue with this dispute. 

On Monday, XX/XX/2021, our plans for lodging had fallen through while outside XXXX  XXXX, CO. I started searching for new accommodations while we were traveling back to XXXX  XXXX. When I found XXXX XXXX XXXX advertised for {$350.00} per night on what appeared to be their website, I clicked on it to reserve the room. It said that the room was available so I entered my information and credit card number. When I clicked the icon to book this room, it popped up that the room was available for {$500.00} with icons to Submit ( authorize ) or Exit ( to back out ). I clicked Exit because the price was incorrect. A message popped up saying that the room had been reserved and my card had been billed {$500.00}. I immediately called the number on the site and explained the situation. I was then sent to customer service where I explained the situation again. The foreign man on the phone said I could not cancel because it had to be done 24 hours in advance. I explained that it had only been 5 minutes since I made the reservation and that the price was not as advertised. I also explained to him that I had tried to deny the reservation, but the site would not let me. The entire time we were talking I could hear a rooster crowing in the background. At this time, I knew that this was a scam. I personally went to the resort to cancel the room, but the representative said that it was done by a third party so the third party would have to do it. He also stated that it happens more than people realize, and it should not be legal. So here we are with XXXX Res telling me that they can not cancel the reservation because it has to be done 24 hours in advance, and the actual Resort personnel telling me they can not cancel because it was done by a third party and they would have to cancel. I immediately went to my car and called Capital One to see what we could do. I requested that my card be locked so whoever had my number could not charge anything else to it. While I was on the phone with Capital One, my wife XXXX  XXXX XXXX  and found out that it was indeed a scam and a fraudulent site as you can see by the attachments. I was told that the charge would have to hard hit my account before it could be disputed so I waited until after XX/XX/XXXX to file the dispute and cancel this card and be issued another one. I did not receive a sales invoice or purchase agreement, and I do not have a cancellation or return policy of the merchant. XXXX XXXX never XXXX me any kind of documentation. 

If you decide to charge me with the {$500.00} after this letter and documentation, I will cancel the card permanently as I do not desire to do business with a company that does not believe the word of a good, loyal customer for several years over the word of a scammer. 

The above letter was written and faxed in response to Capital One 's letter dated XX/XX/2021. Also sent were several pages proving that XXXX XXXX XXXX was a fraudulent company. 

In response to Capital One 's letter received XX/XX/2021, the following was sent. 
Case Number : XXXX Merchants Name : XXXX XXXX Date : XX/XX/2021 to XX/XX/2021 Disputed Amount : {$500.00} To Whom It May Concern : This letter is to inform you that I am exercising my rights under the FCBA ( Fair Credit Billing Act ). 

I am requesting that you send me documents proving that I owe {$500.00} for the charge made by XXXX XXXX XXXX. 

Under FCBA, I have the right to request a chargeback dispute because I was charged for services that I never received. 

As stated in the letter that I faxed you on XX/XX/2021, I never received any type of documentation AT ALL from XXXX XXXX XXXX. Not a confirmation of the reservation, a receipt, purchase agreement. NOTHING!! I can not send you what I never received. I was told I had to cancel 24 hours in advance. In advance of what? .the reservation was made for the same day online by a third party whom I immediately called and tried to cancel 5 minutes after I tried to cancel online and could not. That timeline makes no sense. He refused to cancel when I called because it was not 24 hours in advance. It was 5 minutes after I clicked Exit to cancel the reservation. I was looking for a room FOR THAT DAY! 

Under chargeback rights, I can request a chargeback with my card issuer when I reach out to a company and they refuse to help me and I do not receive the goods or services. 

Under FCBA, I also have the right to file a complaint with the FTC if I feel like you have violated my rights. 

Tired of all the faxing and form letters, I called Capital One on XX/XX/2021 and spoke with XXXX. I explained the situation yet again and was told that they could do a second chargeback with the proper documentation from me. I explained that we NEVER received ANY documentation from XXXX XXXX XXXX. I can not send what I never received. We did not stay there and XXXX XXXX XXXX REFUSED to cancel the reservation 5 MINUTES after it was made stating it had to be made 24 hours in advance. How are you going to do that when we were scheduled to check in within 3 hours??? We tried to cancel at the Resort, but they could not because the reservation was made by a third party ( XXXX XXXX XXXX ). We did not stay at the Resort, so goods and services were not received. 

Capital One refused to do a second chargeback without the proper documentation. We have been good, loyal customers for 10 years and never disputed any charge before this. Capital One has no protection for their customers against scammers which is what happened in this case. Because of this, I requested that the card be canceled. I want no further dealings with a company that protects the scammer instead of its customers.