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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118635
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My address is 601 Armenia Dive - Pensacola, Fl 32505 My

Customer Question

Hi - My name is***** My address is 601 Armenia Dive - Pensacola, Fl 32505 My problem is as follows. Are you ready fpr description of my problem?
JA: No. I'm the lawyer's Assistant.
Customer: What do I have to do now?
JA: Has anything been filed or reported?
Customer: Yes. My problem relates to Capital One Visa.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am being charged by Capital One for an Access Check I never received. The Access Check was sent to Del Mar, California.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Have you reported this as fraud to Capital One and also to the police? Can you tell us more about what is going on?
Customer: replied 11 months ago.
For about two months I have made every effort to get my problem resolved with Capital One thru their Customer Service Office... My problem relates to an Access Check in the mount of $500 posted to my Capital One Visa Card with last four numbers of 1291 on 8-16-2016. I complained to an agent in that office that I never received an Access Check in the amount of $500, I was totally surprised when he told me the Access Check was processed and cashed in Area Code(###) ###-#### That area code covers the city or town of Del Mar, California. My home address is as follows. Jacob O. Smith -601 Armenia Drive. Pensacola, Florida 32505. My home telephone number is(###) ###-#### I have nothing to do with the person cashing that check in Del Mar, Ca. The agent in Capital One's Customer Service never gave me any information other then what he referred to as area code(###) ###-#### In an effort to resolve this problem that began on 8-16-2016 to present date of this date has effected me both mentally and physically to the point I have not had a good nights sleep since 8-16-2016.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You need to report this to the police as forgery and theft first off. Then you need to send Capital One a copy of the police report. Under their fraud protection they are supposed to investigate and not hold you liable for that check. If they refuse to credit you for the fraud, then you have to file suit against them in small claims court, where you need no attorney, because of the small amount involved and you need to take them to court to show that you did not cash any such check nor write any such check and that they are in breach of their contract with you regarding their fraud protection coverage and also you can seek to add in a claim of unfair and deceptive practices for them failing to honor the fraud agreement and seek up to three times the amount as damages for their bad faith breach of that contract