I had a fraudulent charge for $504 on my checking account with Capital One. I went through Capital One's Fraud dept to submit a claim. They denied my claim stating that the charge was legitimate because the merchant had my name and shipping address. This information is easy to obtain, and use. They sent me a letter to fax if I still want to further dispute, and then when the 2nd dispute went through, they denied my claim because it is too late to charge back the merchant their ill-gotten gains. Capital One's site claim 1005 protection from fraud. I want to know what my options are.
Country relating to Question: United States
State (if USA): Texas
I have tried all remdies offered by the bank. The bank tells me I have no further options with them, depsite their claims of 100% fraud protection.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.I am sorry for your situation. At this point, you have the option of filing a Small Claims court suit against the bank. In Texas, this would be the Justice of the Peace Court:http://www.jp.hctx.net/civil/filing.htm(The information is from Harris County but it is general for all counties.)You would sue for (1) negligence and (2) money had and received.The elements of a negligence cause of action are(1) The defendant owed a legal duty to the plaintiff, (2) The defendant breached that duty, and (3) The breach was a proximate cause of the plaintiff's personal injury or property damages.D. Houston, Inc. v. Love, 92 S.W.3d 450, 454 (Tex.2002). You can argue that they had the duty to catch the fraudulent charge but did not, and you were injured because of it.A claim for money had and received arises when the defendant obtains money that in equity and good conscience belongs to the plaintiff. Hunt v. Baldwin, 68 S.W.3d 117, 132 (Tex.App.-Houston [14th Dist.] 2001, no pet.). This is self-explanatory.Honestly, this is the only option you have if the bank is refusing to cooperate.I hope this finds you well. Please click Reply to Expert to keep talking, or rate my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. I work very hard to formulate an informative answer for you; please reciprocate my good faith. Otherwise, reply to chat more until we are finished and you are ready to rate. (You may always ask follow ups free after rating.)
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
That answer was all I needed, I thank you very much, sir. I will be pursuing that option. I have no further questions on this matter. Thanks!
You are very welcome and best of luck.
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