Consumer complaint received 2021-07-19
Company: BARCLAYS BANK DELAWARE
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
I have previously reach out to Barclays Bank of Delaware on XX/XX/2021 and XX/XX/2021 regarding a fraudulently opened credit card account ending in XXXX. Recently, see letter dated XX/XX/2021, I had requested all records in their control pursuant to section 609 ( e ) of the Fair Credit Reporting Act. ( 15 U.S.C. 1681g ), California Financial Code sections 4002 and 22470, Civil Code section 1748.95 and Penal Code 530.8. Barclays Bank has not responded to any requests within reasonable and legal time limits. As a victim of Identity Theft and Fraud when reporting my victimization, I had repeatedly complied with the procedures as outlined by the Federal Trade Commission, the California Attorney General and the XXXX XXXX XXXX XXXX when requesting records. Barclays Bank needs to provide legal justification for their non-compliance with the aforementioned statutes. 

I have been notified that Barclays Bank has even refused to provide banking records regarding the account ending in XXXX to the XXXX XXXX XXXX XXXX ( XXXX ) assigned investigator. Therefore, Barclays Bank is accused of actively withholding records of interest in an active criminal investigation and thereby hampering criminal arrest, aiding and abetting the perpetrator and delaying prosecution. Barclays Bank will need to provide legal justification for continuing to withhold information from myself and law enforcement. 

In addition, the XXXX XXXX XXXX Attorney, XXXX XXXX criminal investigation unit is currently reviewing two forged credit card applications containing my name and private information. The credit card applications were provided by other more cooperative lenders. Please understand the seriousness of the situation as another complaint has been filed with the United States Federal Treasury, Department of Internal Revenue Service requesting a separate investigation into the suspected money laundering by the alleged perpetrator. 

Since Barclays Bank is unwilling to provide records to me or even to local law enforcement it is reasonable to assume they are not willing to provide banking records to Federal, State and County law enforcement agencies. Barclays Bank is alleged to have violated several federal and state laws by actively withholding records from the victim of the reported Identity Theft. Barclays Bank needs to explain what legal justification gives them the authority to ignore my and law enforcement requests for records. In addition, Barclays Bank needs to inform me of what is legally needed, other than a subpoena, for them to release the banking records to me for the account ending in XXXX. Pursuant to the aforementioned Federal and State laws no subpoena is required from me for such requests unless the laws have been changed. 

Therefore, pursuant to California Law, Penal Code 530.8 ( a ) ( 2 ) Barclays Bank of Delaware was to have provided me within ten ( 10 ) business days of receipt all records pertaining the alleged fraudulently open credit card account ending in XXXX including a copy of the credit card application and a copy of the government issued picture identity used when the fraudulent account was opened. In addition, Barclays Bank XXXX Delaware should have provided any application using my name or its likeness for subsequent cash advances or loans. The XXXX Case Report NumbeXXXX XXXX shall be referenced when releasing all records and Barclays Bank has not done so. 

Barclays Bank of Delaware is hereby given proper legal notice as for withholding records I will have no other recourse but to file legal action against you for non-compliance of the Fair Credit Reporting Act and California Penal Codes XXXX as I such time of filing legal action I will be seeking punitive damages and reasonable attorneys fees.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation