Consumer complaint received 2025-11-27 00:00:00
Product: Credit 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
State: AL

Complaint narrative:
The complaint below focuses on Capital One 's failure to investigate a charge tied to a merchant 's illegal and dangerous activity, which is a violation of their duties under the Fair Credit Billing Act COMPLAINT REGARDING FAILURE TO INVESTIGATE DISPUTED CHARGE TIED TO MERCHANT MISCONDUCT Account Holder : XXXX XXXX XXXX Credit Card Account : Ends in XXXX XXXX. What Happened : I am filing this complaint because Capital One has failed to comply with its duties under the Fair Credit Billing Act ( FCBA ) by refusing to investigate a serious billing error tied to a merchants unlawful and reckless conduct, and by allowing the merchant to continue harassing charge attempts on my maxed-out card. 

The disputed charge is around {$4800.00} balance related to an XXXX rental vehicle ( Agreement # XXXX ). The debt is subject to a legal dispute because the merchant ( XXXX XXXX XXXX, via its contracted agent, XXXX XXXX ) committed a Breach of the Peace during a repossession attempt, which voids the legality of the entire debt under the Uniform Commercial Code ( UCC ). 

- Date of Merchant Misconduct : XX/XX/year>. The XXXX agent struck my occupied vehicle with a tow lift, initiated an unauthorized tow while I was inside, and then pursued me through traffic in a dangerous and reckless manner in a public lot in XXXX, Alabama. This is a tort of reckless endangerment and a clear violation of XXXX repossession rules. 

- Legal Documentation : I have formally reported this incident to the XXXX Police Department ( Case # XXXX ) and have provided this number to Capital One. I have also placed XXXX on formal notice of a Civil Claim for XXXX of XXXX and XXXX. 

- XXXX Admissions : My correspondence proves XXXX acknowledged the agent works under their Loss Prevention unit, making them vicariously liable for the illegal actions. 

XXXX. Capital Ones Failure to Act : Despite this debt being directly tied to a reported crime and a major civil liability claim against the merchant, Capital One has failed to intervene or properly investigate the validity of the charge. 

- Failure to Investigate ( FCBA ) : Capital One has a duty to investigate charges related to defective service or non-receipt of goods as agreed. A service rendered illegally ( an unlawful repossession ) qualifies as a defective or void service. Capital One is failing to meet the required investigation period ( XXXX days ) for this severe, documented dispute. 

- Enabling Harassment : Capital One continues to enable XXXX automated billing system to repeatedly attempt to charge the full {$4800.00} debt, capturing minimum payments and keeping my card maxed out, despite my formal notice of legal dispute and the ongoing police report. This enables the merchant 's harassing behavior. 

XXXX. Requested Resolution : I have exhausted my efforts trying to resolve this with frontline agents. I demand the following corrective actions : - Immediately Place a Permanent Block on all future charge attempts from XXXX XXXX XXXX ( XXXX ) and any related entities to my account ending in XXXX. 

- Acknowledge and Initiate a Formal Investigation into the validity of the {$4800.00} charge under the FCBA, recognizing that the merchants illegal conduct ( Breach of Peace ) voids the service. 

- Immediately Cease Reporting the {$4800.00} disputed amount as delinquent to credit bureaus until the investigation is complete. 

I will attach all XXXX correspondence and the police incident number as evidence. This matter requires immediate escalation to Capital Ones Legal/Compliance team.

Company response to consumer: Closed with explanation