Consumer complaint received 2023-07-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
XXXX Capital One Fraud How Hackers acquire unauthorized use of your phone and devices Skilled hackers can take over a hacked smartphone and do everything from making overseas phone calls, sending texts, and using your phone 's browser to shop on the Internet. Since they're not paying your smartphone bill, they don't care about exceeding your data limits. 

Is it possible for someone to hack and control your phone? 
Your phone can be hacked, just like any other device with internet connectivity. Phones are particularly tempting targets for hackers because these devices usually have access to a huge amount of user data, from banking information to social media passwords.XXXX XXXX XXXX Though it's possible that your smartphone has been hacked, it's unlikely this would cause a rash of popups. Most people would never know their phone has been hacked until they see evidence of their personal data being made use of, such as charges to their bank account or new lines of credit opened in their name.XXXX XXXX XXXX. 

Hackers don't need to have your phone in their hands to steal your personal information. So, how do hackers hack your phone without having access to it? The fact is that they can easily target your phone remotely. Passwords, SSNs, bank account details, text messages, photos, and almost anything can get into the hands of the bad guys if you aren't careful enough. 

Whether you have an XXXX or an XXXX smartphone, some signs can indicate that your device has been hacked. If you notice these things on your smartphone, there's a chance that a cybercriminal has targeted you : Here is what I noticed : Unusual activity on the accounts connected to your phone. 
When I discovered that the two fraudulent deposits had been made I opened a second XXXX account to segregate the funds that were legitimate and belonged to me. 

Since that time I have requested the documentation that was developed by XXXX XXXX Department. That data has been used to freeze my funds, deny me use of processing my personal bills using the XXXX website and to deny my application for a liability policy and I have attached the documentation previously provided. I have never received any response from Capital One. I have never received any documentation as to why CapitalOne can not accept that not only was my Capital One account hacked. Capital One is responsible for accepting the falsified checks deposited as payments to my balance. I requested that Capital One involve the authorities to track down these perpetrators Nothing was done except to blame me. 

Best to resolve this situation. Again, I did not create the fraudulent deposits and that I know of XXXX never pursued to originators of the deposits based on the data included on the bogus checks that XXXX erroneously accepted I am again requesting that this matter be resolved and that my status for use of the XXXX website and release of my funds be restored. 

I again refer you to the fact that my phone and account records were illegally acquired by the criminals who committed these acts of fraud. 
Please provide the physical information used to make the decision to seize my funds and restrict my status with Capital One. This incorrect accusation against me is damaging to my credit report score. It is blocking my ability to refinance my home and may lead to my losing the home in foreclosure. 

I have no record of ever doing this type of activity. Please consider this request to resolve this matter. 




XXXX I am responding to your letter of XX/XX/XXXX, where you closed my account due to false transactions that I did not authorize or execute. This is my third attempt to resolve this matter with your fraud department. I am not paying the balance or fees related to the hackers of this account. This is at least the third time that this account has been compromised and the card has to be replaced. You have treated this as a charge off and have held me responsible, which I am not. Your action was taken without advising or conferring with me. Your false entry to my credit report caused a XXXX point reduction to my credit score. You have also caused a delay in my acquiring a Reverse Mortgage because of this. I have retained an attorney to dispute your actions. 
I again request that you do the following : XXXX ) Reverse the entry on my credit report XXXX ) Reinstate my account and reissue the credit card. 
XXXX ) Adjust the balance to pre-hack levels and I will resume making payments on the correct balance. 
This is now fourth attempt to resolve this with you. I did not misuse the account. This is the third time that the account has been compromised. None of that, then or now, is my fault and due to that the closure of my account and the false entry to my credit report. I have never improperly or illegally used this account as you allege. All these transactions were done because your security of my account failed again. I did not make or authorized the deposit ( s ) you accepted. 
This is not a fair or legal resolution of this matter. My attorney will be in contact with you as I need to complete my reverse Mortgage. Your actions alienated me from over {$350000.00} in equity that I need for my retirement. 
I also object to being held responsible for the effect of transactions that Capital One approved. I did not know these payments and expenditures were being made. I also have had one of my banks hacked where forged, false deposits were made with photocopied checks. It took that bank a week to verify that the deposits were not real checks and that I did not make the deposits. They have reversed these items and do not hold me responsible for their execution. 
This is not the first time my credit card accounts at Capital One have been compromised and used illegally. 
These transactions should never have been authorized, especially the payments since the did not originate from my accounts. I want to know if the deposits and expenditure transactions were made by an entity called : ARE Disbursements Account XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, CA XXXX Copies of the forged checks deposited to my bank follow. 



This is the data on the forged deposits to my bank. I have proposed to the bank that we use this data and engage with the FBI to pursue these thieves. What is your fraud department doing to trace these illegal transactions that I did not authorize or originate? 

Summary of Fraud Transactions not created by Capital One ( XXXX ) Account Owner XXXX XXXX XXXX I believe that I should not be held responsible since I had no part of these items that were approved by Capital One. 
I request that Capital One advise what actions are being taken to track down the criminals that did this. 
I also request that my credit card account be restored and that I be provided a replacement card. 
I have been a customer in good standing with Capital One for many years. I am not a thief. I do not understand why these deposits were accepted. As I said, this is not the first my Capital One accounts have been hacked and used illegally. 
Please address my questions so that we can resolve this as quickly as possible. I also request that no detrimental entries be made to my credit agency files. 
Please advise as to what next steps are so we can apprehend the criminals responsible for this and restore our long standing, mutually beneficial relationship. 
Thank you for your interest and teention to this matter. 
With respect and best regards. 

XXXX XXXX XXXX Fax Confirmation ; XXXX

Company response to consumer: Closed with explanation