I hate to play the role of Devil's Advocate, but check over the bills your wife has paid for or ask Capital One to send reprints of them to you (unless you can reprint them online from their website). See what the charges are for, and then consult your cardmember agreement that Capital One gave you.
The reason I say all this is:
A) If your cardcharges interest on the average daily balance, there may still have been some accruing interest (though I would have thought only one months' worth and not eight months worth).
B) If the charges being applied on Capital One are for some services you have enrolled in, or for subscriptions (ie - Verizon cellphone charges) then Capital One cannot prevent charges from being applied. In those cases, you must call the billing companies and advise them your Capital One is cancelled and therefore you wish to stop charges from being applied to that card. Since the billing arrangement for companies like Verizon, etc. are part of your contract, Capital One cannot intervene by disallowing charges as they would be guilty of breach of contract. You as the cardholder must call those companies to stop charges from being applied.
3) If it was all Capital One error, you should be able to recoup the last three months worth of payments. Anything over 90 days old which has not been contested is considered valid by the contract which you became part of when you activated and used your Capital One card.
....I am not saying that you are in the wrong, nor am I saying Capital One is a glowing example of customer service and customer relations. Unfortunately, the written contracts to which you and they are bound likely state specifically items such as the 90-day rule, and the inability to reverse pre-authorized charges and as such, seeking legal action will likely fail.
That being said, I am not one to sit back and say ';too bad so sad'; to someone who has been screwed over royally. So - good luck, and I hope for you a fair resolution.I need some legal advice on credit card fraud from a major credit card company.?
The intention of my response was to illustrate that call Capital One FIRST. If they are billing you legally and within the confines of the contract, there is no-one to complain to. If they are charging you INVALIDLY, then I suppose you can report them to the FTC.
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If your debt is $0.00 and your wife send them more money then your credit card account would be positive.
Let's say your credit line is $1,000 and your debt was $0.00 and your wife send them $500.00
Your ';Credit Line'; is now $1,500.00
Or if you want to look it in a another way you can charge up to $500.00 to the card and they won't charge you any interest because it's your money.
Just spend your money and when the account is back to $0.00 then close the account again.
What were you paying? Annual fees? In that case you probably don't owe much more then $100.
You could sue in small claims court and not need a lawyer. But that will cost you about $100 in court costs, and you are gambling about how the law works in this case.
I will bet that their defense will be that since you paid over and over, you must have known the card was still active...yet you did nothing about it.
My personal opinion is take the loss. You could file complaints with the government regulatory agencies, but my experience has been it's a waste of time.
Capital One is a bottom feeder of a company. You probably could sue them, but it is probably not worth it. Just learn your lesson - credit cards are snakes %26amp; you've been bitten. You can report them to the FTC. It might make you feel better, but I can't promise that it will do any good. Hey, at least you just trashed them on Yahoo! (They totally deserve it, too.)
We live w/ NO credit cards, following Dave Ramsey's ';Total Money Makeover';. Please give it a try. If you have NO DEBT, creditors can't screw you over like that.
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