Consumer complaint received 2024-03-31
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: CAPITAL ONE FINANCIAL CORPORATION (OR)

Capital One refuses to accept the statement from the merchant agreeing to the dispute I filed and has been holding my refund from the company through the process since XX/XX/XXXX. 

I have called XXXX times and get a different story as to why this case is not resolved as all parties are in agreement as to the money being returned to my account. I visited the Capital One XXXX in XXXX, XXXX on Monday just to be told again that there is no progress on the claim. I provided the letter from the merchant to the Oregon XXXX XXXX XXXX that states they are not contesting the dispute and that the money is already removed from their account. 

Capital One refuses to return my cash as required or to provide the provisional credit I am due. 

Here is the statement of the claim : REFUSAL OF A CAR DEALER TO RETURN DOWN PAYMENT AFTER THEY ALLOWED XXXX XXXX CONTRACT TO EXPIRE AND THEN USE THE SPOT DEAL TO KEEP THE DOWNPAYMENT AFTER 43 DAYS OF TRYING TO GIVE BACK THE CAR IN EXCHANGE FOR MY DOWN PAYMENT. 43 DAYS OF PHONE CALLS AND EMAILS GOING UNANSWERED. NOW AT DAY XXXX STILL WITHOUT A REFUND AND THEIR RESPONSE REFUSING TO RETURN THE MONEY EVEN THOUGH THEY ARE IN POSSESSION OF THE VEHICLE. 

THEY ATTEMPTED TO SELL ME A XXXX XXXXXXXX XXXX XXXX XXXX WITH XXXX OF AN OPEN RECALL AND DO NOT DRIVE STATEMENT LISTED ON XXXX XXXX SYSTEM FOR DANGEROUS VEHICLE CELL BATTERIES THAT MY CATCH FIRE DURING THE CHARGING PROCESS. THEY ATTEMPTED TO CLEAR THE ERROR CODE FROM THE DASH DISPLAY ON XX/XX/XXXX AT XXXX TO HIDE IT FROM ME. THE SALESPERSON XXXX XXXX THEN LIED STATING THEY WERE JUST CHECKING THE MILEAGE. 

I TOLD THE APPROVED FINANCER, XXXX XXXX XXXX THAT THERE WAS AN OPEN RECALL FOR THE SECOND HALF OF THE NEEDED NATIONAL RECALL AND NOT TO RELEASE THE FUNDING TO XXXX XXXX XXXX UNTIL SUCH TIME AS THE MANUFACTURER TAKES RESPONSIBILITY FOR THE ENTIRE COST OF THE WORK NEEDED. THEY AGREED AND WITHHELD THE FINANCING PAYMENT TO XXXX XXXX. 
XXXX WEEKS LATER XXXX XXXX XXXX XXXX ACCEPTED THE RESPONSIBILITY AND SCHEDULED THE CAR FOR SERVICE AND FOR THE REPLACEMENT OF THE BATTERY CELLS. THIS IS A XXXX WEEK JOB AND NO TRANSPORTATION ALTERNATIVE WOULD BE AVAILABLE DUE TO THE RECALL SHORTAGE ON LOANER CARS. 

I INFORMED XXXX XXXX OF XXXX OF THE RECALL AND THAT THE WORK TO BE PERFORMED WAS LARGE AND HAD A PRICE COST OF XXXX FOR THE CELLS REPLACEMENT. THEY SENT ME A XXXX REPORT CLAIMING THAT I WAS LYING. I RETURNED THE DIAGNOSTIC AND PICTURE OF THE DASHBOARD FROM XXXX XXXX XXXX STATING I WAS ONLY PROVIDING FACTS AND NOT OPINIONS. THE SALESPERSON XXXX XXXX STATED, " PLEASE DON'T MAKE ME OUT TO BE A BAD PERSON OR LIAR ''. 

ONCE THE RESPONSIBILITY FOR THE WORK WAS ACCEPTED BY XXXX XXXX XXXX, I CALLED XXXX XXXX XXXX  AND RELEASED THE FUNDING FOR THE LOAN. THEY AGREED. 2 DAYS LATER THE SALES XXXX FOR XXXX XXXX XXXX XXXX XXXX CALLING EVERY XXXX MINUTE TO MY CELL PHONE TRYING TO CON ME INTO A DIFFERENT LOAN STATING I WAS LYING ABOUT THE CONDITION OF THE VEHICLE. XXXX XXXX XXXX STATED IN WRITING THE DANGER OF THE VEHICLE TO DWELLINGS, THE DRIVER, AND ANYONE IN ITS VICINITY DUE THE LIKELIHOOD IT WOULD CATCH FIRE UNTIL THE RECALL # XXXX PART XXXX HAD BEEN PERFORMED. 

THEY THEN WENT INTO SILENT MODE CUTTING OFF ALL CONVERSATION WITH ME AND REFUSING TO TAKE THE CAR BACK. FOR THE NEXT 32 DAYS I ATTEMPTED TO GET A NEW LOAN TO COVER THE EXPIRED AUTHORIZATION FOR THE XXXX ON MY OWN. I RECEIVED XXXX APPROVALS ONLINE FOR THE LOAN AND FORWARDED THAT INFORMATION TO THEM. THEY DID NOTHING TO ACCEPT THOSE OFFERS. THE LAST ATTEMPT TO FIX THEIR CAUSED PROBLEM, WAS TO OFFER XXXX XXXX XXXX TO THEM AS I HAD AN OPEN AUTHORIZATION FROM THEY THEN CHANGED THE WRITTEN CONTRACT AND PRICE OF THE FINAL AGREEMENT TO A HIGHER AMOUNT AND USED MY SIGNATURE FROM THE PREVIOUS CONTRACT TO ACCEPT THAT HIGHER AMOUNT. 

I TOLD XXXX XXXX XXXX TO STOP THE AUTHORIZATION AS THIS WAS PRICE SWITCHING FRAUD. THEY AGREED. I THEN CONTACTED THE POLICE REGARDING THE THEFT OF MY FUNDS AS THEY WERE HOLDING IT AS RANSOM FOR ME TO ACCEPT A HIGHER LOAN AND INTEREST RATE OF 24.9 % ALMOST 10 % HIGHER THAN THE ORIGINAL CONTRACTED FINANCE RATE. IUN WHICH THEY ADDED 2 OR 3 % ON THE BACK END OF FOR THEIR PROFIT. 
FOR EVERY LOAN THEY SAID THEY WERE ATTEMPTING TO GET APPROVED AFTER THE FIRST ONE EXPIRED THEY SAID THEY ALL WERE REFUSED FUNDING. ACCORDING TO MY CREDIT REPORT FOR INQUIRIES DURING THIS PERIOD THERE WERE NO SUBMISSIONS BY XXXX OF XXXX TO ANY OTHER FINANCE COMPANIES. THEY DID ATTEMPT ONE SUBMISSION TO XXXX XXXX FOR WHICH THEY CHANGED THE WRITTEN LOAN AMOUNT FOR A HIGHER CASH PAYMENT BACK TO THEM. THE ORIGINAL AMOUNT OF THE SIGNED AGREEMENT IS XXXX THE ALTERED CONTRACT IS FOR XXXX. THIS ALTERED CONTRACT WAS DONE ON XX/XX/XXXX - 35 DAYS AFTER THE ORIGINAL PURCHASE OF THE VEHICLE. 

AS OF TODAY, THEY ARE STILL REFUSING THE RETURN OF XXXX THEY HAVE BEEN SITTING ON FOR 55 DAYS. THEY HAVE NOW STATED THAT DUE TO ME TRYING TO RECOVER MY MONEY THROUGH RIGHTS AFFORDED ME WITH MY BANK AT CAPITAL ONE, THEY WILL NOT GIVE ME THE MONEY BACK UNTIL SUCH TIME AS THEY SEE FIT TO DO SO.