• Report: #22000

Complaint Review: Capital One Bank

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  • Submitted: Mon, June 03, 2002
  • Updated: Wed, October 12, 2005

  • Reported By:New Port Richey Fl
Capital One Bank
PO Box 85015 Richmond, Virginia U.S.A.
  • Phone: 800-955-7070
  • Web:
  • Category: Banks

Capital One Bank Pyramiding Late and overlimit fees Richmond Virginia *UPDATE ..class action lawsuit

*Consumer Comment: contact your state representative

*UPDATE EX-employee responds: Regarding late/overlimit fee pyramid

*Consumer Comment: I too am a victim of Capitol One. Owed balance of $476 in '99, check credit report today, now $1011

*Consumer Comment: Capital One Anyone know what I could do?

*Consumer Comment: you did not understand

*Consumer Suggestion: For the last poster.. they can't close your account unless you pay it off.

*Consumer Comment: I agree with you all, specially ken

*Consumer Suggestion: Capital One May not be your only choice

*Consumer Comment: Is this ever going to stop?

*Consumer Comment: i too pyrmiding charges, They cant possibly get away with this.

*Consumer Comment: i too pyrmiding charges, They cant possibly get away with this.

*Consumer Comment: i too pyrmiding charges, They cant possibly get away with this.

*Consumer Comment: Bank One is also a preditor like Capital One!

*Consumer Comment: Things like Carmen has suggested will definetly get action faster than anything else

*Consumer Comment: I have made online payments for at least a year with no problem

*Consumer Comment: I have made online payments for at least a year with no problem

*Consumer Comment: I have made online payments for at least a year with no problem

*Consumer Comment: I have made online payments for at least a year with no problem

*Consumer Comment: My "collections" harassment ENDED when I called the CEO!

*Consumer Comment: NEVER PAY OVER THE PHONE OR ONLINE!!!1

*Consumer Comment: I too have a Capital One card, unscruptulous way they calculate fees

*Consumer Comment: Capitol One: Over Limit Fees "created by THEM!"

*Consumer Comment: Money, money, money

*0: UPdate again

*Consumer Comment: Bogus over the limit fees & late fees!

*Consumer Suggestion: Don't be late, or else!

*Author of original report: Update!

*Author of original report: Update!

*Author of original report: Update!

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I have two credit cards with Capital One Bank. I recently became delinquent on both cards. But I do understand that this is my responsiblity and late charges and overlimit fees can be applied. This is really not the problem. The problem is that they are pyramiding these fees. I have a $500.00 credit limit on each card.

Example: My June 3 payment that came in the mail stated that I had to pay $148.58. I always pay online, since it's easier for me.

I Paid $165.00. I should now be below my $500 credit limit and should now not incur any more late or overlimit fees. But When I went online to pay I found that I now owe them $177.58. This is supposedly due for the June 3 payment. I went back over the late charges and overlimit fees for the previous 4 months and found that they not only added a late fee starting in March ,- which put the account overlimit -but duplicated and carried the overlimit fee forward to the next month as well.
Then they posted the overlimit fee twice.

They posted an overlimit fee on April 3rd and then posted it again on May's payment which states an overlimit fee placed on April 4th as well. This fuzzy math exists on both accounts. Problem is that when you try to get them to take off the excess fee on one card they tell you that they can only do this for one card a month. "They are not authorized to do this for both cards in one month" as told to me by an account representative.

Funny, I am ONE cardholder and this seems to be their way of holding on to these fees.

Anyway,I contacted Capital One by mail prior to my making this last payment on one of the accounts. I cut up both cards, and sent them back to Capital one with a letter giving both card #s,stating that I was rescinding my charging privileges and to hard close these accounts.I stated that I would not be responsible for any further charges made to these accounts.(I stated this To protect myself from fraud --even though you have a Credit limit, they will allow charges over the limit to be placed. ) I asked for a letter of confirmation on this.

I received a letter referencing one account not both. They did not acknowledge that I had sent back the cut up cards at all. The letter simply stated that once I had paid the balance in full they would close the account. The letter stated that I would still incur late and overlimit fees.

They are pyramiding fees. This means that: From the FTC website...Federal Trade Commission's Credit Practices Rule. I do not know if the FYC credit practices rule applies to Credit Card companies...But it should........


""A creditor can charge a late fee if you do not make your loan payment on time. However, it is illegal under the Rule for a creditor to charge you late fees or payments simply because you have not yet paid a late fee you owe. This practice is called "pyramiding late fees." Under the Rule, this means that if you do not include the late fee you owe with your next regular payment, it is illegal for a creditor to subtract the late fee from your payment and then charge you a second late fee because the current payment is insufficient. For example, your loan contract may state that your monthly payments are $100 and that you will be assessed a $10 late fee if you pay after the grace period. If you make your $100 loan payment after that time and you do not include the $10 late fee with your next $100 payment, a creditor cannot first deduct the missing $10 late fee from the $100 payment, claim you have now paid $90, and then charge you an additional late fee. But, if you skip one month's payment entirely, the creditor can charge late fees on all subsequent payments until you bring your account up to date. ""

Jamie
New Port Richey, Florida

Click here to read other Rip Off Reports on Capital ONE

CLICK HERE to read about Credit Card Scams... find out how to get your money back. Consumer makes harsh but accurate statements. *Rip-off Report Investigation follow-up provides valuable information.

This report was posted on Ripoff Report on 06/03/2002 03:00 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-One-Bank/Richmond-Virginia-23285-5015/Capital-One-Bank-Pyramiding-Late-and-overlimit-fees-Richmond-Virginia-UPDATE-class-acti-22000. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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Updates & Rebuttals

#1 Consumer Comment

contact your state representative

AUTHOR: Gayle - (U.S.A.)

The only way to stop Capital One and other company's with the same practices is to contact your state and/or federal representatives to getlaws passed that will prohibit credit card companies like Captal One from allowing a cardholder to go over limit or to charge for it. Capital One's stated reason for this practice this is that "they don't want to embarrass the cardholder." Of course that's horse puckey. Department store credit card would never allow you to go over your limit. That's why you have a limit. But Capial One makes their money by these horrendous business practices. As long as our government allows them to get away with it, they will continue to do it. Put an ad in the local newpaper to find others in your area who have been abused by Capital One. Then contact your state representatives together. The worst part of the Capital One scam is that they do it to people who can least afford it, people who are ill or caring for the ill. Can you imagine what's going to happen to the victims of Katrina and Rita. They'll now become victims of Capital One. While every Capital One Exec who gets a phone call at 6:30am deserves it. (Actually they're probably up at 6:30am trying to figure out how to how to make your life more miserable. 4:30am is probably a better time)doing so could get you in trouble. What is it our mother's taught us - Two wrongs don't make a right. So let's go to the lawmakers.
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#2 UPDATE EX-employee responds

Regarding late/overlimit fee pyramid

AUTHOR: Michelle - (U.S.A.)

I used to work for Capital One 5 years, until they decided that Tampa FL isn't necessary anymore for disputing charges or customer service. And they let us go with severance and closed the site. I was 9 months pregnant when they announced this. Talk about angry, shocked, you name it we felt it.

I understand how y'all feel about the late/overlimit fee charges. Here is how it works:
**A billing cycle is 10/15 until the 11/14 any charges, payments credits etc between these days will show on this statement(30 days). Payment due on 12/14 with next cycle beginning on 11/15 closing on 12/14, payment due 1/14. (basically the statements are 30 days behind) If the payment was received on 12/15,its late so past due fee posts on 12/15 and the payment wont show until the following billing cycle. Now if the account is over the limit & past due on 12/14 when the cycle closes a overlimit fee will post as well. Therefore there would be two penalty charges PD & OL. The bill that would be received wouldnt reflect these charges because they are posted on the next billing cycle beginning on 12/15. What needs to happen is the card holder needs to call if their payment is not listed on their statement and find out the balance so the "minimum payment" can be met. The statements customers receive are a "snapshot" of what occurred during the 30 day billing cycle and wouldnt reflect the payment received after the statement closed and wouldnt see the fees. That is how they can add up, they are allowed by law to add one PD & one OL fee per billing cycle. It may look like it billed in the same month if your billing cycle is as my example. Basically for each billing cycle the account is OL or PD a charge for each will show until the account is brought up to date with payment to bring it under the limit.

Capital One has pretty strict policies for waiving fees, but ASK! They will not ever offer it. If you are upset ask for a Supverisor, they aren't to waive the fee either but usually do.

Believe me, it burns me everytime I see the commerical "I SHOULD HAVE WORKED AT CAPITAL ONE" because if he would have, he probably would have been laid off too due to them pulling out of Tampa, Some in Virginia, Salt Lake City, Dallas TX so that they can OUTSOURCE & OFFSHORE their labor for cheap. It cost about 7.25 for me to take a call but only about .25 for an Indian, Costa Rican or Phillipean country to take it.

With all that said, just be smart with payments. They give a 30 day period to make it, otherwise it is the card holders responsibility to pay the fees, not Capital One. Use the internet option it is free and gets their quick! Just be sure to go thru all the confirmation pages!!

Hope this helps,

Stay-at-home Mom
(who is happy not to work for Crapital One anymore.)
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#3 Consumer Comment

I too am a victim of Capitol One. Owed balance of $476 in '99, check credit report today, now $1011

AUTHOR: Tim - (U.S.A.)

I opened an account with Capitol One, and at the time, it was a secured account. I deposited $250 , months later I became unemployed and could not find work. I got behind on my payments and a few months went by and I didn't pay them. They took my deposit, so I thought that the account was paid, later to find out that they said I still owed around $500. I flat out refused to pay them, this company plays so dirty. Now I checked my credit report today and it says that I owe $1011. I noticed that they've been adding around $7.00 per month since 1999. They are completely insane. I am trying to clear up my credit, they are now the only derogatory account now listed and I want them removed. It shows that it was charged off, but yet they are still adding $7.00 to the balance ever month. Is this legal, how can they get away with this? I would even be willing to pay half just to clear my name but at the same time, I really feel like they are really trying to bully me and everyone else. We all need to stand up to these guys some how.

There has to be some lawyer that can start a class action law suite against these thieves. I appreciate anyone's input regarding this matter.
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#4 Consumer Comment

Capital One Anyone know what I could do?

AUTHOR: Michael - (U.S.A.)

I just want people to know that when you dont pay your capital one credit card it goes on your credit report,but also to let you know,they sell your account to a credit agency.The point is here what they did to me is,things happened and I couldnt pay my bill,they kept calling and harrassing me.They said if I didnt pay it,it would go into collections,I said well I cant pay it right now.They would get very angry and end the call.Thing is they put me into collections.I went to refinance w/cash out so I could pay this card off and another one.When my credit report was looked up Capital One an d Providian showed up on my report 2 times each,making it look like I had 4 cards instead of 2 because they have an account number for your debt and when they send it to collections,they also post an account number on it,so 2 cards looks like 4.Well that messed with me refinancing my home.I got cash out but lender said I had to pay off these 4 credit cards and what was left out og the cash I could use for home repairs.I tried to explain to them that I only had one card for each company and they said well thats not what I see on your report.So these 2 companies made my report look worse than what it is.I got 4 checks,2 for Capital One and 2 for Providian.I payed off both cards and ended up with these 2 checks not knowing what to do with them.I called Capital One and said listen,I have a check made out to you and I payed you off,so can I send this to you,and you can cash it and reimburse me?They said no at first then said o.k.,but i would have to wait 90-180 days to receive the money.Well that was May of this yr ans still waiting for that money to get sent back to me.For Providian,they couldnt be reached,so I still sit here with that check not knowing what to do about it.Almost 3,000 dollars tied up that was suppsoed to go for me fixing up my house and now I cant do it.Anyone know what I could do?
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#5 Consumer Comment

you did not understand

AUTHOR: Janet - (U.S.A.)

Jen,
I dont think you quite understand. They charged you a late fee if it was not there say the 16th which is your billing date. they on the 16th add a late fee and overlimit fee if there. Then about a week later another charge for late and overlimit is tacked on. so there is double. and they want double. and that could be more then a hundred dollar payment due by the 16th of the next month. they say that the second billing of the charges is its the first day of the next billing cycle.
Its all bs . If you are late yes then on that due date you should be charged but how can they charge another fee for the same thing a week later????? They said it is on our paperwork. I looked and its not there. I asked for them to send me a copy of where it says that and they said if i dont have my copy there is nothing they can do. and no they will not send another copy out. It is a pyramid effect. and unless they can justify the charges. They should not be paid. These lets get you back on your feet credit cards are all alike. and i am happy to say i shut them all down and refuse to use them. i get them in the mail i burn them. They are not to help. They are to screw us even more.!!!
And you may not have any of these cards you may be a lucky one whos credit and life style did not throw you a curve ball Thats great. and thats not sarcasticly said. But,with these guys once they have you over your limit and late period you are screwed. They are even sneaky enough to lower your limit to put you over. Or even change your billing date. I went from the 21st to 16th for my billing period. And if you pay online which should come directly out of your account, because they say it will take two days to come out of your account which is the day they post it. your late, even though you printed out your payment confirmation and that you paid it on the date due, your late. But, if you want to rush payment it its 9.95 isnt that great. But, also if you make a payment somewhere in between your due date say you had an extra 20 and you pay them, that posts the same day. hmmmmm.
take care,
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#6 Consumer Suggestion

For the last poster.. they can't close your account unless you pay it off.

AUTHOR: Jennifer - (U.S.A.)

I would think this would be obvious- why would they just close it w/o payment? If you stop paying, that will not help your situation at all. If your interest rate is 25% and you are only paying the minimum you will never pay it off because the interest will be more than your payment. If you want the balance to go down, you will need to start paying say $60 instead. Also if you make late payments the company won't really see any reason to work with you. If you make your payments ontime for about 6 months you can call and ask the to lower your interest rate and you will be able to make more progress.
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#7 Consumer Comment

I agree with you all, specially ken

AUTHOR: Joe - (U.S.A.)

This is just making me sick. Long story short,
girlfriend was living with me and then we broke up, i had some debt left over from this. Well i
signed up with a debt management program, which
has helped me greatly. Except with capital one,
they are just crooked.

The card was only for 600 dollars, now the balance is 1200 and rising. I still pay them
40 bucks a month, keep in mind im on the debt
program, interest is 25.90%. I told them more
than likely i will not pay them anymore.
Its like im getting nowhere, they refuse to
close the account, ive been on the debt thing
for 3 years. My other creditor when i started
this 3 years ago was almost 3500, now it is
down to just 1200, see what im getting at.
Now i have made some mistakes, late here or there, but always got back on track. BUT, when
i thought i was, i was hit with another late,
over-limit or whatever else they felt like
putting on there. Just keep in mind they knew
i was over the limit 3 years ago, hence the debt
program. I just do not understand, i dont have a
card havent in 3 years. Why do they refuse to close the account?

I havent decided if they will get anymore $ from me or not, i have already paid the whole
600 back twice, and it still goes up.

Im just your average joe literally.
As far as when they call, they are scared to talk to me, no joke. You just half to be hateful,
LOL.

It is just beyond me how they refuse to close
the account. If i didnt give a crap
i wouldnt pay them anything, but i have come to
the realization, that no matter what i pay or
dont, my credit is screwed cause of this
P.O.S++tcompany
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#8 Consumer Suggestion

Capital One May not be your only choice

AUTHOR: B - (U.S.A.)

I applied for Capital One online because I wanted the platinum card. They gave me a card with a $500.00 limit because they said my credit was bad. On a whim, I applied for another card (platinum) and got it with my credit union. My point: apply for more legitimate cards. Capital one makes it seems like they are your only choice. In actuality, you probably could get a card with a more reputable company. I had my "new" card pay off my capital one balance and it was the best decision I ever made (financially).
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#9 Consumer Comment

Is this ever going to stop?

AUTHOR: Ken - (U.S.A.)

Yes, my $500 Capital One card has a balance of over $1,000. I have not used the card in over 6 mo. And of course I cancelled/closed the account months ago, but have now been told they will not do anything until the balance is paid.....well, "Up yours Capital One" I refuse to pay your bogus over limit and late fees.

In the past year since I received this crappy card, I have actually purchased perhaps $250...how did it grow to over $1,000? I'll tell you how...one late payment and one payment "never received" then just add some creatice and down right illegal accounting and with a snap my credit is toast.

This is not RUSSIA!!! You cannot keep charging my account...IT IS CLOSED!!! I will not pay for creative bookkeeping or a stupid policy found hidden in fine print...I have never heard of an account that you could not close (I don't give a rats-ass what your so called policy is...check out all the unhappy customers you have). Capital One preys upon those who have no credit or bad credit...you promise us that you are one of the good guys....then you stick it to us with out the least bit of concern...my credit is ruined. Thank you very much...You Suck!!!

(Oh and by the way...I have blocked your phone #'s...all of them...now you know how I feel when I try to contact you...NOBODYS HOME!)
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#10 Consumer Comment

i too pyrmiding charges, They cant possibly get away with this.

AUTHOR: Janet - (U.S.A.)

on Jan. 17th i gave birth to triplets i was in the hospital til the 23. When i got home i had called all my credit card companys because i did not make a payment yet. see i do this over the internet. The babies came surpisingly. They were suppose to be taken on the 21st. any way i called all the companies or emailed and explained and they were just to happy to help me except capital one. my billing end date is the 21st of the month. so jan. of course i got a late fee. then for feb because i was still tryingto get them to take the charge off plus the did my annual fee of 39dollars i was over limit and late. On feb 21st i forgot my payment.on the 23i made the payment. on the 21st i saw a charge of overlimit and late. fine. then on the 23rd i got a overlimit fee. i called and told them they billed me twice. they said no it was the first day of the next billing cycle. I said no its not. Marchs payment isnot due yet. Then i said my billing date is the 21st not the 20th. they said no its the 20th. do you know for march now they made it the 20th. i have had this card a year and i have never ever been late. i always had paid it two weeks early or a week early. My husband had a card and the people had this kind of practice. so i told them to close the account and i took off the payment protection. I will take care of the amt over i need to but they will not take of the double billing of overlimit fee. My husband spoke with a lawyer and she said she will represent me on this issue with them. So i hope all goes well i just want the bogus charge removed. its so simple but they snowball this into a financial hardship with all the bogus overlimit charges. and late fees if you dont pay the full amount owed.

They cant possibly get away with this.
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#11 Consumer Comment

i too pyrmiding charges, They cant possibly get away with this.

AUTHOR: Janet - (U.S.A.)

on Jan. 17th i gave birth to triplets i was in the hospital til the 23. When i got home i had called all my credit card companys because i did not make a payment yet. see i do this over the internet. The babies came surpisingly. They were suppose to be taken on the 21st. any way i called all the companies or emailed and explained and they were just to happy to help me except capital one. my billing end date is the 21st of the month. so jan. of course i got a late fee. then for feb because i was still tryingto get them to take the charge off plus the did my annual fee of 39dollars i was over limit and late. On feb 21st i forgot my payment.on the 23i made the payment. on the 21st i saw a charge of overlimit and late. fine. then on the 23rd i got a overlimit fee. i called and told them they billed me twice. they said no it was the first day of the next billing cycle. I said no its not. Marchs payment isnot due yet. Then i said my billing date is the 21st not the 20th. they said no its the 20th. do you know for march now they made it the 20th. i have had this card a year and i have never ever been late. i always had paid it two weeks early or a week early. My husband had a card and the people had this kind of practice. so i told them to close the account and i took off the payment protection. I will take care of the amt over i need to but they will not take of the double billing of overlimit fee. My husband spoke with a lawyer and she said she will represent me on this issue with them. So i hope all goes well i just want the bogus charge removed. its so simple but they snowball this into a financial hardship with all the bogus overlimit charges. and late fees if you dont pay the full amount owed.

They cant possibly get away with this.
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#12 Consumer Comment

i too pyrmiding charges, They cant possibly get away with this.

AUTHOR: Janet - (U.S.A.)

on Jan. 17th i gave birth to triplets i was in the hospital til the 23. When i got home i had called all my credit card companys because i did not make a payment yet. see i do this over the internet. The babies came surpisingly. They were suppose to be taken on the 21st. any way i called all the companies or emailed and explained and they were just to happy to help me except capital one. my billing end date is the 21st of the month. so jan. of course i got a late fee. then for feb because i was still tryingto get them to take the charge off plus the did my annual fee of 39dollars i was over limit and late. On feb 21st i forgot my payment.on the 23i made the payment. on the 21st i saw a charge of overlimit and late. fine. then on the 23rd i got a overlimit fee. i called and told them they billed me twice. they said no it was the first day of the next billing cycle. I said no its not. Marchs payment isnot due yet. Then i said my billing date is the 21st not the 20th. they said no its the 20th. do you know for march now they made it the 20th. i have had this card a year and i have never ever been late. i always had paid it two weeks early or a week early. My husband had a card and the people had this kind of practice. so i told them to close the account and i took off the payment protection. I will take care of the amt over i need to but they will not take of the double billing of overlimit fee. My husband spoke with a lawyer and she said she will represent me on this issue with them. So i hope all goes well i just want the bogus charge removed. its so simple but they snowball this into a financial hardship with all the bogus overlimit charges. and late fees if you dont pay the full amount owed.

They cant possibly get away with this.
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#13 Consumer Comment

Bank One is also a preditor like Capital One!

AUTHOR: Carmen - (U.S.A.)

Tom & Bette! I tried to close my Bank One account for six (6) months, and they just kept billing me a late fee on $1.00, which they calculated. It took a corporate call, AT HOME, to get the account closed, and my credit corrected as "not late". Bank One is also a preditor like Capital One!

Glad you had luck Tom! Bette, you're lucky that CO hasn't charged you more than you agreed upon. It it was a "credit" card, they would have more of a problem doing that. However, if it was a debit card, once you've autorized ONE payment via that card, they have the right to go back in "monthly" or "bi-monthly" as they did my friend on social security, and deduct the amount due TWICE!!! Check w/ your bank. They;ll tell you the same!!! That's why she had to close her account, and open another, w/ penalties because Dillards had placed her in a "high risk" category, due to bounced checks. Banks will not open a checking account w/ you if you have 3 bounced checks!!!! Bank of America, Wachovia/First Union, and other major banks have that policy, because they consider your a fraudulent high-risk, even if Dillards "bounced" the checks. My friend was lucky that the banker felt sorry for this 72 year old lady for what Dillards did, otherwise, she would not have been allowed to open another account (so she could close the old one) at Wachovia/First Union.

Be careful w/ Debit Cards. Once the money's gone, the bank is NOT responsible, and WILL not get it back! Read the fine print on your "terms & conditions:.
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#14 Consumer Comment

Things like Carmen has suggested will definetly get action faster than anything else

AUTHOR: Tom - (U.S.A.)

Carmen, I must say I LIKE YOUR STYLE. Things like Carmen has suggested will definetly get action faster than anything else. I did a similar thing several years ago with BEST BUY, Except I called the CORP headquarters and asked for this person & somehow was able to get thru to them. Biy talk about fast action. Good Luck & keep up the Good Work.
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#15 Consumer Comment

I have made online payments for at least a year with no problem

AUTHOR: Bettie - (U.S.A.)

Thanks for the advice but I have made online payments for at least a year with no problem. If Capital One or any other entity makes an unauthorized withdrawal from my account, I have every legal right to challenge the transaction with my bank. The bank MUST return the funds until the dispute is resolved. You are right they have access to your account but any unscruptulous business will use whatever tactics necessary to collect their money whether you make online payments or not. You make a good point though. Realistically, if a person is having financial trouble and has made online payments, they should immediately close THAT account anyway. Also, if you are ever sued, you should not put your money in a bank account especially if the other side wins a judgment against you.

On another note:
Bank One messed up my credit for 10 years. I finally sued them in 2002 and they gave ME - $3,000.00 for my trouble even though they claimed I owed them $2,000.00 Basically, Bank One would add late fees to make your account over the balance, then they would add over the limit fees. The original balance of $500.00 turned into $2,000.00. I refused to pay the card. Every year, I challenged the debt with the credit bureau, the FTC, and Bank One. Finally, I got fed up and called Bank One's collection agency. They told me that they were affiliated with a law firm and they were going to sue me that day for their money. The problem: the statute of limitations had expired on the debt and, when you make a fake threat, you have automatically violated the FDCPA (fair debt collection practices act -which applies to outside collection agencies). Anyway, this resulted in the lawsuit.

The best way to fight a company is legally. Calling people at their home could very well get you in legal trouble for telephone harrassment. If you are being harrassed , tape record the conversations or get voice mail with a time and date indicator. Keep all of the messages and recordings. When they call, tell them they are being tape recorded so that the tape is admissible. Generally, if they are bold enough to harrass you after you tell them they are being tape recorded, then you will likely get a lot of "dirt" for a lawsuit.

Good Luck with Capital One! I have never considered it a good card to have and this rebuttal makes me think that I probably need to close my account next paycheck.
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#16 Consumer Comment

I have made online payments for at least a year with no problem

AUTHOR: Bettie - (U.S.A.)

Thanks for the advice but I have made online payments for at least a year with no problem. If Capital One or any other entity makes an unauthorized withdrawal from my account, I have every legal right to challenge the transaction with my bank. The bank MUST return the funds until the dispute is resolved. You are right they have access to your account but any unscruptulous business will use whatever tactics necessary to collect their money whether you make online payments or not. You make a good point though. Realistically, if a person is having financial trouble and has made online payments, they should immediately close THAT account anyway. Also, if you are ever sued, you should not put your money in a bank account especially if the other side wins a judgment against you.

On another note:
Bank One messed up my credit for 10 years. I finally sued them in 2002 and they gave ME - $3,000.00 for my trouble even though they claimed I owed them $2,000.00 Basically, Bank One would add late fees to make your account over the balance, then they would add over the limit fees. The original balance of $500.00 turned into $2,000.00. I refused to pay the card. Every year, I challenged the debt with the credit bureau, the FTC, and Bank One. Finally, I got fed up and called Bank One's collection agency. They told me that they were affiliated with a law firm and they were going to sue me that day for their money. The problem: the statute of limitations had expired on the debt and, when you make a fake threat, you have automatically violated the FDCPA (fair debt collection practices act -which applies to outside collection agencies). Anyway, this resulted in the lawsuit.

The best way to fight a company is legally. Calling people at their home could very well get you in legal trouble for telephone harrassment. If you are being harrassed , tape record the conversations or get voice mail with a time and date indicator. Keep all of the messages and recordings. When they call, tell them they are being tape recorded so that the tape is admissible. Generally, if they are bold enough to harrass you after you tell them they are being tape recorded, then you will likely get a lot of "dirt" for a lawsuit.

Good Luck with Capital One! I have never considered it a good card to have and this rebuttal makes me think that I probably need to close my account next paycheck.
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#17 Consumer Comment

I have made online payments for at least a year with no problem

AUTHOR: Bettie - (U.S.A.)

Thanks for the advice but I have made online payments for at least a year with no problem. If Capital One or any other entity makes an unauthorized withdrawal from my account, I have every legal right to challenge the transaction with my bank. The bank MUST return the funds until the dispute is resolved. You are right they have access to your account but any unscruptulous business will use whatever tactics necessary to collect their money whether you make online payments or not. You make a good point though. Realistically, if a person is having financial trouble and has made online payments, they should immediately close THAT account anyway. Also, if you are ever sued, you should not put your money in a bank account especially if the other side wins a judgment against you.

On another note:
Bank One messed up my credit for 10 years. I finally sued them in 2002 and they gave ME - $3,000.00 for my trouble even though they claimed I owed them $2,000.00 Basically, Bank One would add late fees to make your account over the balance, then they would add over the limit fees. The original balance of $500.00 turned into $2,000.00. I refused to pay the card. Every year, I challenged the debt with the credit bureau, the FTC, and Bank One. Finally, I got fed up and called Bank One's collection agency. They told me that they were affiliated with a law firm and they were going to sue me that day for their money. The problem: the statute of limitations had expired on the debt and, when you make a fake threat, you have automatically violated the FDCPA (fair debt collection practices act -which applies to outside collection agencies). Anyway, this resulted in the lawsuit.

The best way to fight a company is legally. Calling people at their home could very well get you in legal trouble for telephone harrassment. If you are being harrassed , tape record the conversations or get voice mail with a time and date indicator. Keep all of the messages and recordings. When they call, tell them they are being tape recorded so that the tape is admissible. Generally, if they are bold enough to harrass you after you tell them they are being tape recorded, then you will likely get a lot of "dirt" for a lawsuit.

Good Luck with Capital One! I have never considered it a good card to have and this rebuttal makes me think that I probably need to close my account next paycheck.
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#18 Consumer Comment

I have made online payments for at least a year with no problem

AUTHOR: Bettie - (U.S.A.)

Thanks for the advice but I have made online payments for at least a year with no problem. If Capital One or any other entity makes an unauthorized withdrawal from my account, I have every legal right to challenge the transaction with my bank. The bank MUST return the funds until the dispute is resolved. You are right they have access to your account but any unscruptulous business will use whatever tactics necessary to collect their money whether you make online payments or not. You make a good point though. Realistically, if a person is having financial trouble and has made online payments, they should immediately close THAT account anyway. Also, if you are ever sued, you should not put your money in a bank account especially if the other side wins a judgment against you.

On another note:
Bank One messed up my credit for 10 years. I finally sued them in 2002 and they gave ME - $3,000.00 for my trouble even though they claimed I owed them $2,000.00 Basically, Bank One would add late fees to make your account over the balance, then they would add over the limit fees. The original balance of $500.00 turned into $2,000.00. I refused to pay the card. Every year, I challenged the debt with the credit bureau, the FTC, and Bank One. Finally, I got fed up and called Bank One's collection agency. They told me that they were affiliated with a law firm and they were going to sue me that day for their money. The problem: the statute of limitations had expired on the debt and, when you make a fake threat, you have automatically violated the FDCPA (fair debt collection practices act -which applies to outside collection agencies). Anyway, this resulted in the lawsuit.

The best way to fight a company is legally. Calling people at their home could very well get you in legal trouble for telephone harrassment. If you are being harrassed , tape record the conversations or get voice mail with a time and date indicator. Keep all of the messages and recordings. When they call, tell them they are being tape recorded so that the tape is admissible. Generally, if they are bold enough to harrass you after you tell them they are being tape recorded, then you will likely get a lot of "dirt" for a lawsuit.

Good Luck with Capital One! I have never considered it a good card to have and this rebuttal makes me think that I probably need to close my account next paycheck.
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#19 Consumer Comment

My "collections" harassment ENDED when I called the CEO!

AUTHOR: Carmen - (U.S.A.)

Hi All:

On 1/15/04, I got fed up with two-three calls/day, and the harassing nature of them, rather than their being a "legitimate collections".

As I advised previously in a prior posting, look up the CEO, etc. and CALL HIM AT HOME at 6:30AM, when you get one of those calls!

On 1/15/04, I got two consecutive calls from Capital One collections. I looked up the phone numbers for the "officers" of the corporation. I called the "immediate past president's" home. His wife ansewered. I explained to her that for every call I got from Captal One, especially at 6:30AM, I was going to be calling her, and all of the other officers, at home. She assured me that she was just a housewife, and had nothing to do w/ Captital One, since her hubbie was no longer CEO (but benefits are still paid!!). She said that she would "contact" someone about that situation, at Capital One.

Within a few hours, I got a call from "SECURITY" regarding "threats against corporate officers"! (I tape record all of my phone calls!!) When I told him that I would continue to calll all officers when their employees ABUSED their legal collections practices, and that I'd posted the home numbers of each officer on the web, he was upset. He asked me to remove the numbers, and I said I couldn't! They were already "posted", and I didn't own teh web site!! At the end of our 45 min. conversation, he knew that I meant business, and was not a threat to anyone, but wanted the "harassment" and "illegal activities" ceased by Capital One. He told me that I would receive a follow-up call from a member of teh corporate staff in a few hours, so I shouldn't consider that harasssment.

W/I a few hours Matt called me. He, too, asked that I remove the phone numbers, and not call the officers, when I got harassing calls. I told him that I would continue to call them , when I got "illegal" calls from Capital One. There would be no change. I also told him that most of my "debt" was "fees" created by Capital One. They lowered my "limit" to below my balance, and began charging me "over limit" fees, even though I had ceased useing the card, but becuase I was over their "new lower than balance, limit"!

I explained my medical situation as to why the payments were late, but NOT OVER LIMIT! He volunteered to remove the fees (ALL), but I told him that the "late fees" were justified, however the "over limit" fees were not.

During our conversation, I advised Matt that Capitol One had ten (10) days to change their "policy", and advise me "in writing" of that cange, re. the "over limit" fees. These fees are tantamount to "userary", which is a means to obtain an interest rate ABOVE the legal limit!! I did advise him that if the board did not "approve" such a change, that I would pursue my 6:30AM collections call complaint and the "usery over-limit" fees with the OTC and FTC, in an "official complaint". He told me he was just a "runner", but would present this issue to the CEO.

January 25 has passed, and Matt had assured me that he would call on that day (today's the 26th, Monday), but I haven't heard from him, re.this policy issue. I haven't received anything in the mail either. Matt gave me his direct phone and fax numbers, and assured me that he was w/i the corporate office. He's due a phone call, recorded of course to protect me, to find out the status of the "policy change" which I've demanded.

Matt took me off of the "call" list that day, but advised me that I might get another "automated" call the next AM. Instead, I got TWO MORE THAT SAME DAY 1/15/04. That's harassment, not a computer program!!

Want to end any of your "more than one" calls/day, or early AM, late PM calls??? Look up the officers' names, and do a search for their homes and numbers, as I've told in my previous post. Then, each time you get a call, contact each officer, and advise him, "Sir, I wanted you to know that this is my second call in one day, which is in violation of Federal law, and is harassment, not legitimate collection of a debt". This statement should be recorded when you call, so that your call cannot be considered "harassment". You're advising him that his company is in violation of Federal Law, for which he should be aware, and can be sued, both civilly and criminally. That's legit!

Good Luck!
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#20 Consumer Comment

NEVER PAY OVER THE PHONE OR ONLINE!!!1

AUTHOR: Carmen - (U.S.A.)

Bette:

I read your Capital One "complaint". WARNING!! Never use your credit cards or especially a debit card to ever pay "over the internet" or "phone" a debt!!!! Purchases are different.

Why not? Once you've authorized ONE payment, that credit/debit card number remains in their system, and they will automatically "debit" it when THEY want to!!! YOU gave them ACCESS TO THE ACCOUNT!!!!!!!! A friend of mine did that with a department store, Dillards. She made ONE payment via phone w/ her debit card. She lives on Social Security. Dillards began deducting "two" and "three" payments per month from her checking account, w/o her knowledge, until her checks for power, rent, and gas "bounced". She had to close that checking account, open a new one, and advise the SS Administration of the direct deposit of her Social Security Check, to be changed.

Capital One is "unscrupulous" and "dishonest", with more "bucks" to fight you than you have, if they "violate" the law and withdraw what they want from your "checking account"!!!!
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#21 Consumer Comment

I too have a Capital One card, unscruptulous way they calculate fees

AUTHOR: Bettie - (U.S.A.)

I have had a Capital One card for about 5 years. The limit is only $500.00 but it stays there no matter how much I pay. I had to just pay Capital One online because they like to tack on fees. It is not a good credit card to have. I try to use it only for emergencies because of the unscruptulous way they calculate fees.
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#22 Consumer Comment

Capitol One: Over Limit Fees "created by THEM!"

AUTHOR: Carmen - (U.S.A.)

I read your articles and they sound so familiar. However I have a new slant! I paid off my business Capitol One, and closed it---never late, but they reflected it was late twice!
My personal Capital One was late due to long term medical disability, still ongoing, but I'm at least back working some now. During that time period, I was paying, but not my full amount. Capital One "reduced my limit", and added late fees and "over limit fees" for my "balance"----no new charges have ever been made!---being over their "created" new lower limit!

Meanwhile, their collections department called me at 6:30AM over Christmas! They also called my cell phone (obtained via my answer machine, for busines customer use) more than six times in ONE WEEK! They continue to call up to six times/week. Oddly enough, these calls didn't begin until I sent them a chunk of what I owed. Within five (5) days of that check's being mailed (Christmas), I got the 6:30AM call on my cell phone. These calls continue through today.

Know the CEO and President of Captial One? Want to call them at home the numerous times you get called, and at the same HOURS that you get called? I'm getting ready to do this!!!

Look up the financial report on the company for the officers' names. Then plug into www.whitepages.com or www.knowx.com the name of the person you're searching for. Pops up w/ address and phone number. Another way is to plug the name into the county TAX RECORDS where you believe he lives. Up comes names of family members too!! Financial info there also!!

Since Captitol One is playing dirty, and violating the Fair Credit Reporting Act in their collections procedures, I can play dirty too, and will. Surprise, it's 6:30AM Mrs. CEO, let me speak to your hubbie!

I owe a debt, and I'm paying it. Capital one has the right to try to "collect" it. However, "harassment" and "collection" are two different terms. Six calls/week is harassment. Threats and "scoldings" by the callers are also abuse, not "lawful collections". 90% of what they're trying to collect is "fees" and "over limit fees" which they created by lowering my limit, while I was above their NEW LOWER LIMIT!

Calling before 9AM or after 9PM are against Federal Law. Also, calling on a cell phone, which they are not authorized to call on, thus creating additional "financial charges" to the client, is also not legal. However 6:30AM is absolutely illegal!!!!!

Good Morning Mrs. CEO!! Maybe I'll call at 4:30AM.
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#23 Consumer Comment

Money, money, money

AUTHOR: Ed - ()

The Office of Thrift Supervision (OTC) office in Atlanta oversees Capital One's credit card activities.



Capital One's top executives do not receive a salary. Their compensation is limited to stock options that vest on certain dates, at certain prices. That is, they have an option on a certain date to receive stocks at a price that they hope is far lower than the current price of the stock. Then, they accept the stock at the lower price, and sell it despite the dilutive impact on the overall stock price. Therefore, the top executives' compensation is directly related to Capital One's stock price.



Moreover, stock price is directly related to earnings. Earning more money typically results in a higher stock price. (This is elementary, my dear Watson.)



According to Capital One's Annual Reports, late fees and overlimit fees are a significant source of revenues for the company. Therefore, incentive exists in the highest offices of Capital One to assess late fees and overlimit fees. One wonders if a conflict of interest exists in assessing late and overlimit fees?



I suggest that the complaints posted are a direct result of this company-wide incentive to bring in revenues. Isn't it human nature that, when in doubt, do what is best for your boss?



That may be why Capital One charged an overlimit fee on April 3 (the last day of a billing cycle) and then another one on April 4 (the first day of the next billing cycle)?
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#24 0

UPdate again

AUTHOR: - ()

Again, Capitol One is no different than the rest of them.

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#25 Consumer Comment

Bogus over the limit fees & late fees!

AUTHOR: Cori - ()

I was a Capitol One cardholder at one time. I also experienced the same type of problems with fees that I know I should not have had to pay. Also, when you send a payment in, it amazes me how early you have to send that payment in just to be sure that it is posted to your account on time.



It takes the company several days to post these payments & at times it ends up being past your due date giving them every right to add additional fees to your account. I find that all credit card companies are rip-offs, therefore I have chosen never to have another credit card. Direct Merchants Bank is another one that took me for $800-$900 in bogus fees alone when I lost my job & made some of my payments late.



These fees caused me to exceed my limit, yet allowing them to charge me an over the limit fee each month. When I made my regular payment on time each month I was told that even though I did so, because I was not able to also include the full over the limit amount along with my regular monthly payment, I would still be charged a late fee along with the over the limit fee.



My credit limit was originally $1900, but by the time I became employed again & got back on my feet, I had to end up paying $2800 in order to close my account. I was told that my credit would be ruined if I failed to pay these bogus fees! I learned a hard lesson about how these rip-off companies really operate. Capitol One is no different than the rest of them.
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#26 Consumer Suggestion

Don't be late, or else!

AUTHOR: B. - ()

It is never a good idea to be late on these cards. I too was once late but never allowed myself to be late more than twice in a row because the charges are so big. I never had a problem with Capital One, and I had 4 cards with them. My best advice to you is to pay off the cards ASAP. That way you won't have the problem anymore. Pay cash and don't charge what you don't have in the bank at the end of the month. You'll just get into trouble.
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#27 Author of original report

Update!

AUTHOR: Jamie - ()

Capital One again charged me an overlimit fee even though I have paid the full overlimit balance according to my statement.!! Can you believe this! I have also initiated a class action lawsuit against Capital one based on these overlimit and late fees. I intend to join the class action suit.



If you are interested in joining the class action lawsuit, be sure to file your own report, making sure that you include good contact data. I have also been asked to provide the EDitor of this website a good e-mail address and phone number so that I can be contacted for more information on this suit.



I am also going to contact the FTC and file a complaint against Capital One. They have some very fuzzy math to explain. I understand that others here are experiencing the same problems with Capital One Bank. Please contact these attorneys and tell them about your experiences with Capital One.



The money we could receive as a settlement is probably not going to cover the amounts that we have lost (traditionally class action settlements to consumers are very small), but at least we can finally stop this predatory company from taking advantage of consumers.
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#28 Author of original report

Update!

AUTHOR: Jamie - ()

Capital One again charged me an overlimit fee even though I have paid the full overlimit balance according to my statement.!! Can you believe this! I have also initiated a class action lawsuit against Capital one based on these overlimit and late fees. I intend to join the class action suit.



If you are interested in joining the class action lawsuit, be sure to file your own report, making sure that you include good contact data. I have also been asked to provide the EDitor of this website a good e-mail address and phone number so that I can be contacted for more information on this suit.



I am also going to contact the FTC and file a complaint against Capital One. They have some very fuzzy math to explain. I understand that others here are experiencing the same problems with Capital One Bank. Please contact these attorneys and tell them about your experiences with Capital One.



The money we could receive as a settlement is probably not going to cover the amounts that we have lost (traditionally class action settlements to consumers are very small), but at least we can finally stop this predatory company from taking advantage of consumers.
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#29 Author of original report

Update!

AUTHOR: Jamie - ()

Capital One again charged me an overlimit fee even though I have paid the full overlimit balance according to my statement.!! Can you believe this! I have also initiated a class action lawsuit against Capital one based on these overlimit and late fees. I intend to join the class action suit.



If you are interested in joining the class action lawsuit, be sure to file your own report, making sure that you include good contact data. I have also been asked to provide the EDitor of this website a good e-mail address and phone number so that I can be contacted for more information on this suit.



I am also going to contact the FTC and file a complaint against Capital One. They have some very fuzzy math to explain. I understand that others here are experiencing the same problems with Capital One Bank. Please contact these attorneys and tell them about your experiences with Capital One.



The money we could receive as a settlement is probably not going to cover the amounts that we have lost (traditionally class action settlements to consumers are very small), but at least we can finally stop this predatory company from taking advantage of consumers.
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