CapitalOne Fraudulent interest charges Ripoff Salt Lake City Utah

I wasnt even over my limit. And next thing I knew there was an over limit fee for $29! Its the second time they have done that. Luckly the little guy from india reversed it both times. He was very polite and understanding and helpful. He helped me right away and I only have to wait 2-3 minutes to speak with someone.

Ive had a great experiance with them and I will continue to use them in the future. I would recommened them to someone definatly. (excuse the spelling)

Sal, I think your suggestion that "you are not required to make a payment if you do not receive a statement, period" is an extremely dangerous and irresponsible one.

You can cite statutes all you want, but the reality is that if you miss a payment you will be penalized for it. As proof of this reality, I dare say that a substantial number of reports on this website are posted by people who didn't send a payment because they didn't receive their statements in the mail and are angry with the consequences of their (in)action.

Even if someone were to follow the steps in this statute you cite, ultimately the creditor determines whether there was a billing error or not. It's not investigated or resolved by an impartial third party. Instead, the process is heavily weighted in the creditor's favor. The only one who will end up paying for the billing error is the customer.

Sal, I think your suggestion that "you are not required to make a payment if you do not receive a statement, period" is an extremely dangerous and irresponsible one.

You can cite statutes all you want, but the reality is that if you miss a payment you will be penalized for it. As proof of this reality, I dare say that a substantial number of reports on this website are posted by people who didn't send a payment because they didn't receive their statements in the mail and are angry with the consequences of their (in)action.

Even if someone were to follow the steps in this statute you cite, ultimately the creditor determines whether there was a billing error or not. It's not investigated or resolved by an impartial third party. Instead, the process is heavily weighted in the creditor's favor. The only one who will end up paying for the billing error is the customer.

Sal, I think your suggestion that "you are not required to make a payment if you do not receive a statement, period" is an extremely dangerous and irresponsible one.

You can cite statutes all you want, but the reality is that if you miss a payment you will be penalized for it. As proof of this reality, I dare say that a substantial number of reports on this website are posted by people who didn't send a payment because they didn't receive their statements in the mail and are angry with the consequences of their (in)action.

Even if someone were to follow the steps in this statute you cite, ultimately the creditor determines whether there was a billing error or not. It's not investigated or resolved by an impartial third party. Instead, the process is heavily weighted in the creditor's favor. The only one who will end up paying for the billing error is the customer.

Sal, I think your suggestion that "you are not required to make a payment if you do not receive a statement, period" is an extremely dangerous and irresponsible one.

You can cite statutes all you want, but the reality is that if you miss a payment you will be penalized for it. As proof of this reality, I dare say that a substantial number of reports on this website are posted by people who didn't send a payment because they didn't receive their statements in the mail and are angry with the consequences of their (in)action.

Even if someone were to follow the steps in this statute you cite, ultimately the creditor determines whether there was a billing error or not. It's not investigated or resolved by an impartial third party. Instead, the process is heavily weighted in the creditor's favor. The only one who will end up paying for the billing error is the customer.

You are not required to make a payment if you do not receive a statement, period.

Capital One is breaking the law. This is how you beat them at their own game.

Reg. Z ? 226.13(a)(7)

? 226.13 Billing error resolution.
(a) Definition of billing error. For purposes of this section, the term billing error means:

(7) The creditor's failure to mail or deliver a periodic statement to the consumer's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.

Notice of Billing Error.
To use billing error procedures, the consumer must send a notice of billing error to the address identified for this purpose by the creditor, which must be received by the creditor no later than 60 days after the creditor first transmitted the first periodic statement that reflects the billing error.

The billing error notice must be in writing to preserve the consumer's rights, must include sufficient information to identify the cardholder's name and account number, the reasons for the belief that a billing error occurred, and the type, date, and amount of the error. If a consumer reasserts a billing error that the creditor has already responded to, investigated, and resolved, the creditor need not respond again. This exemption only applies, however, if the consumer's second notice claims ''substantially the same'' billing errors as the first.

A consumer who has failed to send a billing error notice within sixty days after the error first appeared on the periodic statement might consider arguing that interest and other charges imposed on the disputed amount are a new billing error, thus triggering a new sixty-day period. Even if the statute is interpreted to confine the dispute to the new interest and charges, the creditor's investigation would have to encompass the underlying disputed charge in order to resolve them.

A consumer who did not send a dispute letter within the sixty-day period might also still have a Truth in Lending (''TIL'') claim based on the inclusion of the wrongful charges in the periodic statement. Inaccurate disclosure of the finance charge or the balance is a violation of 15 U.S.C. section 1637(b)(4) and (7) . Sending a billing error notice is an option the consumer can pursue if he or she wants to place the duty of investigating and responding upon the creditor. Failure to give the billing error notice does not affect the consumer's right to raise the error as a defense in a collection action. Consumers are not required to have a good faith belief that they actually do not owe the disputed amount in order to invoke FCBA's billing error procedures.

Resolution of Error.
If the creditor determines that the billing error occurred, it must correct the error and credit the account with any disputed amount and related charges (including charges imposed for the error resolution process, documentation, etc.), mail or deliver a correction notice to the consumer, and report the resolution of a disputed account to each credit agency notified of a delinquency.

If the creditor determines that there was no billing error, or a different error than that complained of, the creditor must: mail or deliver to the consumer an explanation of its reasons for concluding that the billing error asserted by the consumer was wrong in whole or in part; furnish copies of any documentary evidence if the consumer so requests; and correct any different error discovered and credit the account with any disputed amount and related charges (including charges imposed for the error resolution process, documentation, etc.). An ambiguous and cursory statement that does not set forth a legitimate justification for rejecting the dispute is insufficient, nor does an explanation meet the statutory standard if it fails to mention the liability theory that the creditor argues at trial.

One does not have to "hate" a company to feel their customer services practices are inadequate and recommend to others they do not use them. Computer glitches happen, that is true, but some companies incidence rates are much higher than others. I prefer to stay away from these companies and appreciate people like Esther warning me about them.

Inga - Baltimore, Maryland
U.S.A.

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the subject answers one question/concern, however with people that SUE to be SUING over nothing buy money are the ones who are going to now have your CC number, home address, tele number, etc.. because the law was changed for them to have access..

What I meant was that the majority of complaints and suers are those up to no good, and just as worse or worser than the company they sue. Haven't you noticed that now because ONE Person SUPPOSEDLY choked on a drink of SODA, now has a couple of millions and a warning label indicating that soda may cause you to choke on the bottle. Those who sue for rightneous get nothing, and those lawyers who kick the butts of those who want to sue just for money and won't take their case (kicking out of there office), are not the rich ones, and those are rare now days..

It is either Hate TOTALLY or just over money.. notice how it is ALWAYS SUE, those who have real complaints today, get NOTHING, NADA ZERO out of it, but MORE HEADACHES.. There are over 3/4ths of lies on this site and many others, most which is a little over half that is ignorance of the subject or subject matter, and the other haters of a company, and the of course those who want people fired up to sue over money which some or few are lawyers who want a payday.

Everyone who has a real complaint gets shoved in the closet and kicked in the head, and thos who complain truthfully and with truth do not get their complaint fixed like I said, however now there is more headaches.

Believe it or not, before the CapitalOne privacy lawsuit, I got NO ADS on anything in my statement, however after the lawsuit, I GET ADS, like peoplepc on top of my statement, and one for pens on the envelope..

People who REALLY care about somethilng, don't do it over money, and when they do not lie, cheat nor steal, get left behind, while the fakers make payday... these liers are everywhere, and once again the TRUE ones of a cause of a complaint, of that got ripoffed are left naked and hungry, and shelterless... now does that answer your question?

One does not have to "hate" a company to feel their customer services practices are inadequate and recommend to others they do not use them. Computer glitches happen, that is true, but some companies incidence rates are much higher than others. I prefer to stay away from these companies and appreciate people like Esther warning me about them.

"Capital One is famous for this little stunt. This is especially used whenever Capital One allows one of the "Partner Companies" access to bill your account for some useless services that you never authorized.

This is how it works.

The "partner" bills for the service, which you are expected to opt out of within thirty days. In the meantime, your statement for the month in which the service is billed goes mysteriously missing. You are calling Capital One, in the meantime, trying to get some information or a statement. You are told your balance and that a statement is forthcoming. In the meantime, your only option is to pay via check-by-phone, for which a fee is charged. When you get your statement, VOILA! There's the unauthorized charge (30 days have elapsed), along with a $35.00 late fee. Bingo! You've paid the check by phone fee and been hit with an unauthorized charge and a late fee all in one fell swoop!

Capital One is one of the worst and most intrinsically EVIL companies in existence.

Please, people, if you have it, get rid of it. If you don't have it, DON'T GET IT under any circumstances!

Esther - Harrisburg, Pennsylvania"
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I haven't got one of those SO CALLED mystery charges yet, and it's been wel over a month... ALSO it is NOT your only option paying by check, you can pay by money order, which I do all the time... Companies can and most likely have hiccups in their computer systems, as CapitalOne does A LOT of maintance on their machines and so forth, you know to get RID of ol' accounts, re-fresh statements, etc... as every computer is run by software, and software has bugs and some may not be repeatable, and some may be, however like I said and adding to, THE BIGGER THE COMPUTER SYSTEM the MORE LIKELY YOU'RE GOING TO HAVE A FEW BUGS...

By the way if you're going to HATE CAPITALONE, or any company for that matter, please make sure you have FACTS to back it up and not just hating to be hating or lying to others with false truths, it makes you no different then the SO CALLED bad company..... Just tips for for everyone reading this...

Quote RANDOM from my palm quote program I downloaded off the net:
..................

No man will make a great leader who wants to do it all himself, or to get all the credit for doing it.. ~ Andrew Carnegje

Capital One is famous for this little stunt. This is especially used whenever Capital One allows one of the "Partner Companies" access to bill your account for some useless services that you never authorized.

This is how it works.

The "partner" bills for the service, which you are expected to opt out of within thirty days. In the meantime, your statement for the month in which the service is billed goes mysteriously missing. You are calling Capital One, in the meantime, trying to get some information or a statement. You are told your balance and that a statement is forthcoming. In the meantime, your only option is to pay via check-by-phone, for which a fee is charged. When you get your statement, VOILA! There's the unauthorized charge (30 days have elapsed), along with a $35.00 late fee. Bingo! You've paid the check by phone fee and been hit with an unauthorized charge and a late fee all in one fell swoop!

Capital One is one of the worst and most intrinsically EVIL companies in existence.

Please, people, if you have it, get rid of it. If you don't have it, DON'T GET IT under any circumstances!

anyway, roseanne, yeah I agree, however I pay all my bills in FULL, so I have no interest, and the only thing raising my Card's interest rate is WALLSTREET as mine is variable, and it raieses a point or percentage each month,. :( so I would also blame wall street, and until APR is mandatory on every end of the month balance I am safe for now.

And you suggested a Desktop Calender I suggest a PDA, a palm one, I have a IIIxe (can be found on ebay for cheap, and takes AAA batteries and has 7.7mb usuable of RAM, and a Black and White screen) or buy a new one as there are many to choose from, the new color/cheap palms hava a re-chargeable battery, however the screen cannot be read in direct sunlight. If you get a IIIxe, some models have a DRAM problem, and if you get one and go to palm.com or search google for palm dram fix, you can test and see if yours has the problem, and install the fix into RAM.. :)

I have had several credit cards over the years and still keep a couple for my business use. In all those years I have NEVER, NEVER, EVER failed to get a credit card statement....until the past few months.

I had a BankOne card and the awful Chase bought them out. Had an MBNA card and the even worse Bank of America bought them out. Got the letter telling me of these changes within a month of each other earlier this year....arrgh! In July I failed to get the BankOne/Chase statement. In August I failed to get the MBNA/Bank of America statement... Since then both statements have reappeared at their regularly scheduled times.

I do believe that both of these companies practice what is known as "universal default" (a late payment to any vendor and you are toast interest-rate wise) I find it interesting that this happened so soon after the takeover of the original companies by well documented sleazy-acting companies. And it happened with BOTH cards; too suspicious.

Would these credit card companies do "whatever it takes" to railroad customers into higher interest rates? I suppose that is a matter of opinion; my opinion is that most credit card companies (these two, Chase and Bank of America especially) might engage in some "foul play" (aka "lost statements") to attempt to drive up revenues by having an excuse to raise interest rates using the universal default clause.

Maybe all of the credit card companies are having "glitches" in their systems all of a sudden?? Doesn't matter; any missed payments are always the fault of the customer and the interest charges continue to accrue. Credit card companies "do no wrong" in the eyes of the law these days. The fact that we all lead busy lives and are sometimes unable to carry every due date in our heads is no excuse. We are liable, always and forever.

Get a desktop calendar (there are some decent freeware ones and some that can be purchased if you need more features). Plug in the due dates of your credit cards and anything else that you need to remember, tell it to repeat at monthly intervals with a reminder, and that will take care of forgetting to send payment if the statement fails to arrive. Then an online statement can be obtained in time to send payment anyway. Taking this measure now can save much grief later on down the line.

Meanwhile I am looking for a new credit card company. Seems like I am spending a lot of time lately trying to outrun Chase and Bank of America. Like Pac-Man, they are gobbling everything up. I get a new card and one or the other of them shows up before too long like a nasty persistent fungus that just cannot be shaken off. They may eventually be the only two credit card companies in America. I do believe that is the ultimate goal.

Error Sent. Below:

"Anyway It got there the 7th, with a stub, the latest it takes from my town is two days to reach them and credit it, so the latest while waiting for a resent statement was the 4th of that month (sept. 4th) and sent it Sept. 5h, and it still got there."

Corrected Sent. Below:

"Anyway It got there the 7th, without a billing stub, the latest it takes from my town is two days to reach them and credit it, so the latest while waiting for a resent statement was the 4th of that month (sept. 4th) and sent it Sept. 5h, and it still got there. It did credit to my account on the 8th of September tho."

I didn't get one either, and I STILL PAYED, with my own envelope and they credited it one day later after it got there as stated on there website. I did call and they said they re-sent the statment, but never have gotten it, not even to this day nor the original one. See my due date of payment is every 10th (unless the HATEFUL magement woman changed it, as it now says two days later or so I believe).

Do I hate CapitalOne NO, now it has been resolved and I have been receiving my statment regularly. :)

I always check both the phone and online to see how much I owe, but basically I do know because I am the one that charged..

Anyway It got there the 7th, with a stub, the latest it takes from my town is two days to reach them and credit it, so the latest while waiting for a resent statement was the 4th of that month (sept. 4th) and sent it Sept. 5h, and it still got there.

You do still have to pay even tho you didn't get a statement by their fault. Also finally the hateful lady or so It was to me (she probably wasn't hateful, maybe it was just me) said that as we speak the payment MAY be posting to the account (after some quiet time and me telling her I couldn't pay all the late fees, nor all of the other charges), and may see it later on that night, later on that night of the 8th of sept. and it posted. I was upset tho, and about to cry, about the whole situation, so she may not of been hateful, ALL forgiven. :)

Being one day late knowingly is a bit different than not getting a bill at all. Fair is fair, but this is not. I work in the credit card industry, and neither of the institutions I have worked for would charge their customers for their own mistake.

I will have to admit, that I am upset with Capital one for charging me a $29.00 over the limit fee for a lousy .34 cents. But fair's fair. I had to pay a $29.00 late fee for my payment being ONE DAY late. Again, fair's fair. You signed up for the credit card and agreed to the terms and conditions.

I'm definitely taking you up on that suggestion. I get much much better treatment from my Citibank MasterCard and would recommend it instead to anyone.

Pay off your Capitol One card as soon as possible. This is only the beginning. They will screw you any way they can. My worst credit card mistake was getting a Capitol One card.

Credit card companies are legally required to send a statement every month, unless no money is owed or the consumer has specifically agreed they don't want a statement.

However, failure to receive a statement is not an excuse to not make a payment. If they're only charging simple interest and not various other penalty fees, they're actually treating you better than typical Capital One standards.

The fact that you didn't get a statement is no excuse. They don't even legally have to send you a statement. It's your responsibility to see it gets paid on time.