Consumer complaint received 2024-03-19
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was paid
Company: CAPITAL ONE FINANCIAL CORPORATION (TX)

On Monday, XX/XX/XXXX, while in XXXXXXXX XXXX XXXXXXXX, XXXX, I attempted to use my Capital One debit card to make a breakfast purchase. I found that my card was not working. I then checked my account to see three ( 3 ) negative amounts in all three ( 3 ) of my Capital One banking accounts : Simply Checking, Savings Now, and 360 Performance Savings. Because I had received no notification of this occurrence, I was caught completely off guard, especially with being in another country. 

I immediately called Capital One ( XXXX XXXXXXXX XXXX XXXX XXXXXXXX ) to seek an explanation of why all of my accounts were in the negative. The Capital One representative explained that my accounts were placed on hold due to a bank levy from the Louisiana Department of Revenue. I was completely shocked as I had received XXXX ( XXXX ) communications from the Department of Revenue as well as Capital One that this would occur. The Capital One representative also explained that once I took care of the financial situation with the Revenue department, they would send Capital One a fax stating I was in the clear, and then within one to two ( 1-2 ) days, I would have access to my accounts again. 

With this newfound information, I immediately called the Louisiana Department of Revenue as soon as they opened ( XXXX XXXX XXXX XXXX XXXXXXXX ) and found there was an oversight in filing my taxes during the COVID year of XXXX. Unfortunately, all communications from the Department of Revenue went to an incorrect address throughout three ( 3 ) years, so I was not able to rectify the oversight promptly due to not receiving any communications. 

Once the Louisiana Department of Revenue explained what I had to do to rectify this situation, within two ( 2 ) hours, I made the required payment, and on Monday, XX/XX/XXXX, at approximately XXXX XXXX XXXXXXXX, the Louisiana Department of Revenue sent a fax to Capital One Bank with the subject title of Levy Cancellation- My Full Name- Last Four Digits of my SS # ''. Based on the information I received from the Capital One Representative, I was under the impression that by Wednesday, I would have access to my bank accounts. 

The following day, I called Capital One Bank again ( Tuesday, XX/XX/XXXX, XXXXXXXX XXXX XXXX XXXXXXXX ) to check on the status of my levy cancellation. I was told by a Capital One Representative that there was no indication that the fax was received and to check again the following day. On Wednesday, XX/XX/XXXX, XXXX XXXX XXXX XXXX  ), I called the Louisiana Department of Revenue to inquire about the fax that was sent. The Revenue Dept. told me to call Capital One to verify that the fax sent on XX/XX/XXXX was sent to the correct number. I called Capital One Bank immediately to verify the number and then called the Revenue Department to find out that the levy cancellation fax sent to Capital One Bank on XX/XX/XXXX was sent to the correct fax number ( XXXX ). Again, I was told by Capital One Representatives that the fax was not yet received and to wait an additional day. Meanwhile, I continued to express that I was in a foreign country and needed access to my accounts. 

On Thursday, XX/XX/XXXX ( XXXX XXXX XXXXXXXX ), I called XXXXapital One Bank again to check for receipt of the levy cancellation fax that was sent on XX/XX/XXXX. A Capital One Representative read a scripted response to me blaming high call volume as the reason why my fax had not been received. Confused by the representatives response and frustrated at the length of time it takes to receive a fax and follow through with the levy cancellation, I requested to be escalated to speak to Capital One Management. The manager told me there were no indications in my account that the fax had been received. At this point, it had now been four ( 4 ) business days of waiting for a fax to be received by the Capital One Legal Department. I requested to be transferred to speak with someone in the Legal Department and I was told by the Capital One Representative that they do not have a phone line or department in which they speak with customers. At that point, I was at the mercy of the legal department to follow through with the stated procedures. 

On Friday, XX/XX/XXXX, I called the Louisiana Department of Revenue ( XXXXXXXX XXXX XXXX XXXX to request they send the fax again. The Revenue agent confirmed that the original fax sent on XX/XX/XXXX went through and then sent an additional two faxes- one in the traditional way and one via E-Fax. I requested confirmation of all three faxes ( 3 ) sent, and I received confirmation with my email from XXXX XXXX XXXX Revenue Tax Officer. Having seen that now a total of three ( 3 ) faxes had been sent to Capital One, I then called Capital One Bank again ( XXXX XXXX XXXXXXXX ) to state that another set of faxes should be coming to the legal department. I then asked to be escalated to management. I asked the management to contact Capital Ones Legal Department to see if they had received any of the three ( 3 ) faxes that were sent about my levy cancellation. ( At this point, I was on the fifth day of being locked out of my accounts ). The Capital One Manager sent an email to the Legal Department ( apparently there is no way to contact the Legal Department via direct phone call or even internal calls ) to check receipt of the fax. The representative suggested I call later in the day to see if the Legal Department responded. 

On Friday, XX/XX/XXXX, I called Capital One Bank again ( XXXX XXXX XXXX ) to see if Capital Ones Legal Department had responded to the Capital One Managers email inquiring about the receipt of the three ( 3 ) faxes sent by the Department of Revenue . The legal department had not yet responded, and I was told to wait an additional day or so. I decided to wait two ( 2 ) days with the hope that the faxes would be received, and processed, and the levy lifted as per the Department of Revenue fax on XX/XX/XXXX. 
On Sunday, XX/XX/XXXX, I checked my bank accounts to see that I still could not access them. This would make seven ( 7 ) days of not having access to my accounts. At this time, numerous automated bills had started to decline due to locked accounts. I had also not been able to access any of my funds while in the countries of XXXX and XXXX. This presented both safety and well-being concerns. I called Capital One Bank on Sunday, XX/XX/XXXX, at XXXXXXXX XXXX XXXXXXXX to check on the receipt once again of any of the three ( 3 ) faxes sent by the Dept. of Revenue to cancel my bank levy. The Capital One Manager stated that she did not see any email responses from the Legal Department ( email sent on FrXXXXday, XX/XX/XXXX ) about the levy cancellation fax. She also did not see any updated notes on my account. She told me to wait an additional 1-2 business days. 

On Monday, XX/XX/XXXX, after checking my accounts to see that they were unable to be accessed, I called Capital One Bank at XXXXXXXX XXXX CST. I spoke with a manager who said that the Legal Department is usually not this backed up, but currently they are now. Because of this back up, it is taking longer than usual to process levy cancellations. I was not given this information on XX/XX/XXXX when I placed my initial call. 
As of today, Tuesday, XX/XX/XXXX, I still do not have access to my three ( 3 ) Capital One Bank accounts. I am unable to make purchases, pay the bills that keep getting declined, and take care of my day-to-day financial needs. Family members who want to help can not do so, because any money sent via XXXX or XXXX would go straight to my inaccessible bank account. 

While the oversight during the XXXX tax season is my responsibility, I immediately rectified my error on Monday, XX/XX/XXXX with hopes that within one to two ( 1-2 ) business days, I would have access to my Capital One Bank accounts . Not only has this affected my emotional and mental health, but I also can not pay my bills and will have to pay international call fees and late payment charges on my bills that attempt to debit out of my account. The inability to access Capital Ones Legal Department has been a particular point of frustration as almost seven ( 7 ) business days have transpired since the initial levy cancellation fax was sent on Monday, XX/XX/XXXX. 

This egregious amount of inefficiency, miscommunication, and lack of professionalism should not occur within a reputable financial institution. I became a customer with Capital One Bank over twenty ( 20 ) years ago when they were called XXXXXXXX XXXX. This is the first time I have had to deal with a situation like this, and I hope that these concerns provoke a deeper analysis and investigation into the practices of Capital One Banks legal department and ability to fulfill stated procedures by the customer service agents and managers. I will be pursuing further action based on my experiences.