Consumer complaint received 2018-07-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
In XX/XX/2018 I fell victim to a cyber scam. Someone that I knew had access to my capital one account. He made one deposit and payment that looked completely legitimate. He attached two of his own personal bank accounts to transfer money onto my account. All the transfers were accepted by capital one as being legitimate. At no point did capital one reject the payment until months after. 

At no point did I know what this person was doing, or who he was transferring money to. He was able to change the password and make payments/charges as he chose. I was unaware until it was in XXXX andXX/XX/2018 when I realized that there was a problem. Several payments to my card were returned. There were five payments -- XXXX on XX/XX/2018. XXXX on XX/XX/2018. XXXX on XX/XX/2018. XXXX on XX/XX/2018 and XXXX on XX/XX/2018 for a total of XXXX. 

I tried contacting this individual, but to no avail. I immediately contacted capital one and began a fraud investigation into this account. I contacted my local police department, I filed charges with the FTC as well as the FBI cyber crime division. I also contacted the PA Attorney General 's office and filed a complaint. I contacted the credit reporting sites and notified them as well. 

I first contacted Capital One on XX/XX/XXXX/XX/XX/2018 and provided all pertinent information by XX/XX/2018. On XX/XX/2018, I was informed that XXXX was overseeing my entire case. I called back on XX/XX/2018 to assure that my information was received. I spoke with XXXX who said that there was no way to contact XXXX because there was no contact number. I was transferred to a supervisor -- XXXX -- who said that the process could take 30-90 days and that there were a total of 9 different people looking at my file. Three supervisors were -- XXXX, XXXX and XXXX. I was given no information about the status of my case. 

I called back on XX/XX/2018 and spoke to XXXX. She stated that XXXX was looking at it and on XX/XX/2018, she filed a credit bureau dispute that could take 30 to 60 days and filed an incident report. There was also a note that she was to schedule a call with me on XX/XX/2018. I requested that someone call me back asap. As of today, there has been no change to my credit score/history. 

On XX/XX/2018, I spoke with the AG 's office of PA. While they couldn't do anything directly, they suggested that should C.1. not be willing to remove the debt that I contact them again. As of today, XX/XX/2018, the AG 's office is in process of sending a letter directly to C.1. 

Since XXXX, I have called Capital One 12 times and spoke with 10 different individuals. I was told on three different occasions that someone would call me back about the status of my case. However, that has not happened. Every time I call, I ask for one of the people directly in charge of my case. The consistent reply is that it is not possible for me to speak with any of them because they do not have a phone, they do not have a direct line, they work on the " back end '' and do not take calls. Basically, I have been continually brushed off and have been consistently told that someone will call me back. The last time this happened was on XX/XX/2018. I spoke with XXXX, who was supposed to be some kind of supervisor at the fraud call center. He told me that his supervisor, XXXX, would call me back within 2 to 3 business days. As of today, that has not happened. I realize that this is a complicated case, but it is completely unacceptable that Capital One can not give me any information as to the status of this investigation. I have dates, names and summaries of every conversation I have had with Capital One and the AG contact. 

I have exhausted every avenue I can think of on my end to get this situation resolved. However, it appears to me that Capital One is completely unwilling to communicate/work with me to solve this problem. They are expecting me to pay off an account that I did not have control over. Additionally, they are expecting me to make payments for charges that I did not authorize and are well beyond what is financially possible for me. The total credit limit on my account was XXXX. Despite that the total charges incurred were around XXXX, they are charging me over 32.000.00.

Company response to consumer: Closed with monetary relief