Legal Question in Credit and Debt Law in California
Credit Card payment applied to closed account
I paid off my capital one card through my online bill pay. Cap One cannot find payment but it was taken from my account. I've been thru 3 different traces. Trace One thru my bank (us bank), end result -Cap One applied the credit. One month later, they unapplied the credit. Trace Two was through thea agency who governs ACH payments - Result: Cap one applied the payment again. One month later, they removed the credit AGAIN. TRACE THREE was a Federal Trace through the federal reserve. Result: Cap One applied credit and then took it away. It's been 2 years of hell fighting with them. There is nothing higher than a federal trace. The federal trace shows the funds sitting in a close account, the reply from Capital One is their software does not allow them to access closed accounts! This is not my problem and if that was true, why did their software deposit the money in a closed account? Since the payment was for the entire balance of 3K, each time they unapply my payment, it puts me over the limit and I incur fees upon fees.I've been stranded on business trips etc. For 2 years the money is gone from my account, plus I'm paying interest on the balance. What can I do? I get ''disconnected'' after holding for hours. I just want a resolution
1 Answer from Attorneys
Re: Credit Card payment applied to closed account
I would be very interested in speaking with you, but what have you been doing the past two years? Do you have your allegations well documented (it sounds as if you do)? It would seem that you have a lawsuit against Capital One for fraud, conversion, breach of fiduciary duty, violation of the Uniform Commercial Code, and various and sundry federal regulations. I wish you had not waited two years. That could be a huge problem.
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