Refund of overpayment to credit card company

[Waltermelon]

What is the name of your state? Ohio

Last August my father died and my mother made a final payment on a credit card from CAPITAL ONE that was in his name. She insists that she sent the stub with the payment. She made the payment in the form of 3 money orders she stumbled across that totalled more than what was owed on the card thusly giving the card a credit balance of more than $100. In September the credit card notified her that the card was turned over to their estate division. She told them that she paid it off and that they owed her money. They scoffed at her, were rude and told her she needed to pay the balance from his estate. She wrote letters to them including the money order numbers and still, they insisted they did not have a record of the money orders. I sent $12 to the money order company for a copy of only 1 of the money orders and when I received a copy there was an account number handwritten at the top of it - consequently, not my father's account number. After an hour on the phone with Capital One, the research division declared that the money had been applied to someone elses account - someone who had the same name as my mother. The person I spoke to said that they would issue a refund check. That was 2 months ago and my mother has yet to receive anything. At this point, I would like to pursue legal action against CAPITAL ONE to 1 - get the overpayment amount back, 2 - be reimbursed the $12 for the copy of the money order and, 3 - be paid interest on the money they have held since August 2005.

Any advice?

Thank you.

 

[Debt Guy]

I understand that you want to get even with them, but is a lawsuit the practical answer? You have not said how much money is involved. You will need to weigh the cost against the benefit and the probability of success.

Personally, I would go ahead and trace the other two money orders and see if they were also credited to the wrong account.

Then followup everything in writing -- certified mail return receipt requested.

 

[Waltermelon]

Sigh.....just a little bit of punishment would be so sweet. If I had made a mistake - I'd be paying them for it that's for sure - that or begging to be released of penalties and interest! The total amount is $110.60 and while it's not a significant amount to some, to others living on SSA, it can be considered quite a chunk of change.

CAPITAL ONE has admitted to posting all 3 money orders to the wrong account, but the time I've spent tracking all this stuff down is maddening. Letters of dispute were sent to them within the 60 day period as prescribed in the Fair Credit Billing Act of 1993 (in 9/06) and proof of their error was presented to them, but it has still been just 3 days shy of 60 days since they said a refund was going to be issued. I don't consider 60 days as qualifying for the consumer right that states the creditor is required to, "Promptly credit or refund overpayments."

With the technology out there today they would surely able to search for payments made to them by check number. If not, then maybe they should consider some program changes, because they are using an inferior product. I work for a software company.....maybe we should consider contacting them.

Anyways, I'll jump down off of my soapbox now.....thank you for your reply. I'll just sit, stew and wait for a check....

 

[Waltermelon]

This is out of control. Capital One claims that they issued a check on 5/5/06. It is now 5/24/06 and a check has still not been received. I called to get the check number that was issued and was told they "don't provide the check number". I asked how it is then that he would know a check was actually mailed and he said that the system says so. He said he would email the refund department to "look into it." My question now is in regards to reporting Capital One to the Federal Reserve as being in violation of the Fair Credit Reporting Act that states that a check for a credit balance must be issued within 7 days of the request. The original written request was sent to Capital One in 9/05. My phone requests were made on 10/16/05, 12/21/05, 3/13/06, 5/9/06 and lastly on 5/24/06. Is it worth my time to file a complaint?

 

[Ladynred]

Have you even ONCE put any of this IN WRITING ???? How is it that you do this all by phone and then BELIEVE them when first one phone drone and then another tells you some story ??
Without looking it up, I suspect that your request must be IN WRITING in order for them to be held to the law.

 

[Zigner]

Have you even ONCE put any of this IN WRITING ???? How is it that you do this all by phone and then BELIEVE them when first one phone drone and then another tells you some story ??
Without looking it up, I suspect that your request must be IN WRITING in order for them to be held to the law.

The original written request was sent to Capital One in 9/05. My phone requests were made on 10/16/05, 12/21/05, 3/13/06, 5/9/06 and lastly on 5/24/06.

OP says it was put in writing

 

[Ladynred]

ONE request was sent in writing.. all the rest were phone calls. While the original request should be enough.. think about who you're dealing with .. CRAP 1 .. a huge sub-prime lender who couldn't give a rat's patoot about refunding anyone a single dime !! They know it will cost you far more money to force them to cough it up than the refund is even worth.

Good Luck.

 

[moburkes]

It appears that your mother ALSO made a mistake

What is the name of your state? Ohio

Last August my father died and my mother made a final payment on a credit card from CAPITAL ONE that was in his name. She insists that she sent the stub with the payment. She made the payment in the form of 3 money orders she stumbled across that totalled more than what was owed on the card thusly giving the card a credit balance of more than $100. In September the credit card notified her that the card was turned over to their estate division. She told them that she paid it off and that they owed her money. They scoffed at her, were rude and told her she needed to pay the balance from his estate. She wrote letters to them including the money order numbers and still, they insisted they did not have a record of the money orders. I sent $12 to the money order company for a copy of only 1 of the money orders and when I received a copy there was an account number handwritten at the top of it - consequently, not my father's account number. After an hour on the phone with Capital One, the research division declared that the money had been applied to someone elses account - someone who had the same name as my mother. The person I spoke to said that they would issue a refund check. That was 2 months ago and my mother has yet to receive anything. At this point, I would like to pursue legal action against CAPITAL ONE to 1 - get the overpayment amount back, 2 - be reimbursed the $12 for the copy of the money order and, 3 - be paid interest on the money they have held since August 2005.

Any advice?

Thank you.

I understand that she sent the stub, but stubs sometimes get separated from the payment. That is why there is a place on the money order to put your account number. That is why on the enveolpe or statement there is uusually a list of things to remember to do, and one of them is to include the account number on the payment method.

All I'm saying is that your mother may have been the cause of some of the resulting problems.