Capital One Credit Card

I am attaching a copy of the letter sent to the AG in VA. It contains all of the details. Please contact me should you require additional information.

Thanks,

Frank

***************

I will attempt to complete a timeline for you, as it will make this easier to understand. I will preface this by stating that I have only filed one (1) dispute (for $848.71) with Capital One the entire time that I have had an account with them. Their confusion with their own debiting procedures caused this fraudulent debit and they do not have any documentation or supporting facts to justify the $824.84 debit they fraudulently attached to my account, yet they refuse to credit it back or initiate any action to resolve this tenured fraudulent charge. Essentially, there are two issues (one being my dispute for $848.71, which was resolved, and the other is their fraudulent charge of $824.84) that collided and caused this fraudulent charge (debit) from Capital One. The line items below the descriptions are directly from the downloaded Statements for the corresponding months from Capital One’s Website.

- 6/7 purchase made for $848.71 via mail order from oversees merchant with need to convert from Euro to USD; Balance for month was paid in full.

32

6/7/2006

COMERCIO PERSONAL, S.L CACERES ESP Currency: EUR, Exchange Rate: 1.282

Debit

$848.71

- 6/27 As I had issue with the purchase, I filed a dispute with Capital One for the entire amount and was issued a credit while they researched the dispute. Balance for month was paid in full.

1

6/28/2006

ITEM IN DISPUTE ADJUSTMENT

Credit

$848.71

- 8/4 Debit added to account for $824.84. As I received no notification regarding the dispute, it was presumed that Capital One did not find in my favor and placed the debit back onto the account. As this was a transaction that required conversion from EUR to USD, I additionally presumed that the difference in exchange rate explained the $23.87 difference in the amounts; it was not and this is the fraudulent charge added by Capital One that they would not remove Balance for month was paid in full.

29

8/4/2006

ITEM IN DISPUTE

Debit

$824.84

- 11/06 Statement had another debit amount listed for the original Dispute item dated 6/7. This amount should have been $23.87 as that would be the difference between the $824.84 debited back to the account minus the original dispute amount of $848.71. Balance for month was paid in full.

3

6/7/2006

PURCHASE ADJUSTMENT

Debit

$848.71

- 11/20 Contact with Capital One’s Customer Service and Fraud Investigations began. Each call began with the representative explaining that I initiated the dispute and this is just the outcome of their not finding in my favor. After leading each on through the above scenario, they ALL agreed that it was a “mistake”, however, none of the representatives were able (or willing???) to reverse/remove the fraudulent DEBIT from my account for the $824.84. Each stated that I had an open dispute on the item (referring to the $848.71) and stated that they could not reverse the debit. Each representative also assured me that they would email their investigations department and have this resolved (each subsequent follow-up call indicates that this was not the case as there were not notes nor indication that any action had been taken.)

- 11/20 the addition of the “Item in Dispute” + Capital One’s annual fee showed the account to be over the limit. Contact was made to inquire about the ‘Overlimit Fee’ as one was not shown on the statement. I was assured that there would not be an overlimit fee as the charge was incurred by an internal charge. I again paid the balance listed in full.

- 12/06 a follow-up call was made as to the status of the fraudulent $824.84 charge. The representative showed nothing in their system and I had to explain the situation again. This representative saw the ‘mistake’ and went to great lengths to get a supervisor involved with issuing the proper credit/correction to no avail. Again I was assured that the representative was sending an email to the proper department for resolution, as that was the only way to resolve the extra debit on the account for $824.84. This call took over 90 minutes.

- 12/06 I filed complaints with the BBB, FDIC and SPIC as that was the only guidance I could find. I did not contact the AG’s office at the time. All were met without resolution at this time.

- 12/14 I was charged the overlimit fee AND there is no resolution with regard to the fraudulent charge placed on the account by Capital One for the $824.84.

17

12/14/2006

OVERLIMIT FEE NOV 15, 2006

Debit

$29.00

- 12/18 Contacted Capital One AGAIN regarding the fraudulent $824.84 and the overlimit fee charged to the account. Customer Service issued a “courtesy” credit for the overlimit fee as I NEVER carry a balance on the account and do not exceed the limit given to me; this has been the case the entire time I’ve had a Capital One credit card account. They did not honor the fact that their own Customer Service representative informed me that there would not be an overlimit fee. As a follow-up to the fraudulent charge of $824.84, I requested a supervisor/manager and was eventually connected to one. I had to explain from scratch once again the issue at hand and the end result was that they would have to email the investigations team for resolution. I was promised that I would receive notification via mail and resolution would occur within 10 working days.

o To date I have not received: