Consumer complaint received 2020-09-29
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I was a victim of identity Theft all my personal information was compromised and used with out my permission. The whole ordeal was a complete nightmare. Once I realized what happened & what was going on which was from Capital One calling me to collect payment on a account I never used saying it was late and charged to the max. After receiving that call I checked my credit reports and realized all my Information had to have been stolen I didn't no how it happened until I was going down the list of accounts that were either opened with out my consent or accounts that were mine and were fraudulently used with out my permission. I called Capitol One Bank credit card and spoke to the person in fraud department or credit Department a guy named XXXX XXXX & I will never forget that call because I was so stressed out and I was still clue less as to how this all even happened and this guy had the thickest accent I have ever heard and yet he had the most regular name and I immediately thought it was a alias or something and at that point I was not trusting anyone. Well during that conversation I explained my situation and this man said and I quote " people that are stupid and don't have parents spend on credit cards they can't afford. It was absolutely disgusting and very offensive even though it didn't apply to me it was still rude and it showed a total disregard for my situation. this gentleman then went on to say that there is nothing he could do for me and that Capitol One ALWAYS gets paid one way or another &  when I asked what did he mean by that he simply said that I will know soon enough. It was so bizarre I wasn't sure if he was joking and I remember thinking maybe I just don't understand if he is joking with me because of his accent but he definitely wasn't because he than proceeded to say that the only way he could see me getting out of this with out capitol one suing me and filing all types of legal judgements and liens was if I filed bankruptcy. When he said it he lowered his voice and kind of whispered it to me In a very low tone & at the time I felt like he was trying to help me and I believed he was telling me the truth. So shortly after that and after being financially in ruin from all this I wasn't able to work and I couldn't figure out a way to fix this and all I could remember is what XXXX from capitol one told me that I should file bankruptcy I just really didn't want to and I wanted to exhaust all my options before I did so. So I filed a police report to document the theft and After a few months of no forward progress and my credit in ruins I decided it was my only option, so I decided to get it over with and I was able to settle all my debts for all of the comprised accounts for all the charges that were mine. Once I did that I learned that I was supposed to fill out a identity theft affidavit and bring it to the police station to get signed since I had filed a police report and send it to the credit bureaus with all the documentation to back up all of my claims. So I did that and I was very organized I made sure I had all the documentation in order and I submitted it and to my relief almost every thing that was supposed to be removed was removed except for these 4 accounts. All 4 of them were part of the accounts that were  either opened fraudulently used fraudulently and all part of this identity theft. All of which were paid off and had zero balances but the fact they were still on my credit report and reporting negatively was ruining what ever chance I had at restoring my life and my finances after this identity theft. I have tried over and over to have these removed from written disputed with bureaus and directly with the creditors. They keep saying they are accurate and its incorrect its absolutely impossible they are accurate because I submitted all the documents  proving other wise. Now since so much time has passed they have violated a New York State Law that states collection accounts, Charge off accounts and Other types of closed accounts only can remain on a persons credit report for 5 years from the date of the first delinquency which in all of these instances was XX/XX/XXXX. After the 5 year mark those accounts Must be removed at the consumers request. So since I have tried over and over in the past and I also have since requested the removal based on the fact I am a New York State resident & I thought these 2 companies Capitol One & XXXX and 2 bureaus XXXX  & XXXX  operated and followed the law like  XXXX  has. XXXX  was able to realize they were violating the law and decided to remove them right away but the fact that XXXX  and XXXX  have not is a total disregard for the rights put in place by the FCRA to protect me and millions of other people from un fair and unlawful practices just like this. So can you please help me with this situation the last thing I can afford right now is to hire a lawyer to take legal action because I have lost so much already but if I do not get this resolved quick I will continue to lose much much more in the long run. 
the accounts I am referring to are 3 Capitol one accounts and 1 XXXX XXXX XXXX  card accounts the information and account numbers are listed below XXXX XXXX  XXXX XXXX XXXX Account # XXXX opened XX/XX/XXXX First Delinquency XX/XX/XXXX XXXX  XXXX XXXX Account XXXX XXXX opened XX/XX/XXXX & first Delinquency XX/XX/XXXX XXXX  XXXX Account # XXXX openedXX/XX/XXXX& first delinquency XX/XX/XXXX XXXX XXXX Account # XXXX opened XX/XX/XXXX & first delinquency XX/XX/XXXX As you can see once you look at these dates they are required by law to remove these immediately. thank you for helping me with this.

Company response to consumer: Closed with explanation