I am the aggrieved victim in this whole debacle and am providing an update to the lawsuit and accompanying events involving Raygoza, et al, and Capital One.
After Capital One refused to reconsider after providing them with information on the class action lawsuit against the scammers, I appealed to the Office of the Comptroller of the Currency for assistance. They monitor federal banking institutions for violations, etc.
When all was said and done, the OCC did nothing on my behalf and basically sided with Capital One. Again, this is just another case where the consumer doesn't have a chance against banking institutions, and the governmental agencies just stand by ineptly and allow these injustices to take place. Makes you wonder what your tax dollars are paying for. I have yet to receive any assistance from any governmental agency, whether state, local or federal, in resolving any disputes with rip-off artists involving consumer fraud. It's almost a waste of time to even appeal to them for help. It just wastes everyone's time. Eventually, usually after months of waiting for their response, they simply tell you they have no jurisdiction in these matters and that you should hire an attorney. Oh really? How disgusting.
Anyway, the outcome of the lawsuit is that Raygoza, etc., defaulted but the federal judge issued a judgment against them for over $900,000. They are obviously guilty of fraud and the evidence is overwhelming against them. A copy of the judgment was subsequently sent to the OCC and to Capital One as well as to the Attorney General's Office of the State of Minnesota. I seriously doubt if this will make any difference on my behalf with Capital One, and the OCC, no doubt, will continue to be ineffective on my behalf.
I would like to share with you the letter I received from Capital One dated August 16, 2011 regarding their continuing decision not to reverse the credit card charges despite the federal class action lawsuit against Raygoza, et al. Please feel free to write to this woman to express your opinions about the outcome at: Denise H. (didn't provide her full name - what a weasel!), Capital One Corporate Offices, PO Box 85870, Richmond, VA 23285-5870.
"We received your most recent follow-up letter that was dated June 16, 2011, and sent to the Office of the Comptroller of the Currency. We regret that you sent previous correspondence, dated January 30, 2011, of which we were not advised. We also regret that your continued dissatisfaction with our resolution to your dispute with the merchant INCFORTUNE.
Per your letter, you maintain that you will not send any additional payments to Capital One because the merchant fraudulently charged your account, and you believe that Capital One should be doing more to defend and protect its customers. You also reference that you made final payment for the above-referenced account in August 2010; you believe our acceptance of this payment should cease any further collection regarding this incident.
We do regret your continued dissatisfaction and frustration, but we respectfully continue to uphold our previous responses. As we explained in our other correspondence, a review of your dispute confirms that it was handled in accordance with our usual and normal practices and procedures. In addition, we show no settlement agreement was made regarding your account balance, and we consider the balance to be valid.
We regret this is one of the cases in which we are unable to assist our customers. Please be advised that we may not respond to future similar correspondence received from you regarding this matter. Please feel free to contact our office with any additional questions or concerns at
1-800-955-7070.
Sincerely,
Denise H., on behalf of Capital One
Corporate Office
cc: Office of the Comptroller of the Currency"
There you have it, folks!!! Talk about a fundamental failure to act responsibly on behalf of their customers!!! So, what's in your wallet?!!! If it's a Capital One card, I would suggest ripping it up immediately before you are confronted with an issue involving fraud that Capital One refuses to act on and continues to demand payment for!!! I have been harassed now by a law firm seeking payment and I believe they have been trying to serve collection papers on me. My credit score has definitely dropped since this incident which has directly affected me in multiple ways. Once again, DO NOT apply for a Capital One card and either quit using that card if you already have one or rip it up and cancel your account quickly!!! I have been SO damaged by this whole fiasco. It is truly unbelievable.
If you would like to contact the Office of the Comptroller of the Currency, you can call/write
D. Chandler, Customer Service Manager, Customer Assistance Group, 1301 McKinney Street, Suite 3450, Houston, TX 77010-9050/ Phone: 800--613-6743; Fax: 713-336-4301. Internet address:
www.helpwithmybank.gov Let's inundate them with complaints and register our disapproval of their handling of this whole incident!!!
Thanks you for your attention and consideration.