Consumer complaint received 2019-09-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XXXX XXXX, XXXX has chosen to collect a debt such company purchased from Capital 1. Capital One will not release the data that they say to have which prove that the debt is mine. Such data is fraudulent : my STOLEN Social Security number, a fraudulent address in XXXX and my cellular phone line -which was hacked and reported as such when I noticed there was a problem with it latter on in XXXX. By the way, I am not a phone number nor a voice over it, my phone number is not my identity. Where are the legal documents that identify me as a legitimate credit member? 

This is the process I have been through : XX/XX/XXXX I receive letter from collection agency XXXX, XXXX and XXXX, PL. Letter states company attempts to collect a debt from original creditor Capital One, NA and current creditor XXXX XXXX XXXX. 
I submitted complaints through the Consumer Financial Protection Bureau. The above mentioned agencies replied that debt was valid. 
The debt consists of {$170000.00} owed to Capital One, on a card opened as a result of identty theft. My Social Security information was used, and a fraudulent address in XXXX was used to open the account. The card was applied for in XXXX - XX/XX/XXXX. 
My XXXX XXXXXXXX phone number was used as well. I noticed that my missed call log was displaying " call answered on another device '' message on XX/XX/XXXX. I contacted XXXX XXXX in XX/XX/XXXX and placed a Fraud Block back then. The information will be accessible to lawyers by contacting XXXX XXXX Legal Department. 

On XX/XX/XXXX I placed a police report, contacted the Credit Bureaus and personally visited XXXX, XXXX and XXXX. I submitted proof of address, tax returns, the 3 credit bureaus reports, and invoices of some of my professional services as a freelance teacher in XXXX during some of the days when the fraudulent transactions were committed. I also provided evidence of being out of the state during one of the dates that one of transactions took place, with hotel information and an XXXX XXXX electronic ticket. I signed a notarized affidavit of fraud and submitted it to XXXX, XXXX and XXXX as well. 
XXXX told me that the process would take about a month, that I would be notified, as they had to work with XXXX XXXX, their client, to resolve the issue. 

On XX/XX/XXXX, I received a notification from XXXX that XXXX XXXX had reported the collection to my otherwise- and always- pristine credit report. My credit rating and report was damaged due to this action. I simply do not borrow money and pay my credit cards monthly in full, as it can be evidenced in my reports. Never a late payment. 

I required from Capital One, by US Postal Service  certified mail, that they submit to me all the evidence related to the fraudulent account such as application, payment slips, store receipts, signatures, etc. I have the right to receive all this documentation. 
When I spoke to their representative, he stated that their information was correct as public records place me in XXXX and that my cellular phone number line was used. I received a letter stating that their investigation is correct and that they are not changing anything. I need to explain that the fraudulent Capital One card never appeared on my credit reports, so I had no way to know that this was going on. 

Upon examination I found that my address had been changed to the fraudulent address. At this moment I believe this fraud could come from Capital One, itself. Capital One was either negligent in their processing of applications, to benefit from the fraud ; or the fraud might have been an inside job. Capital One should use non-negligent and lawful practices and review the investigation with the knowledge that I am providing. I am the victim here, I am being treated like a criminal. All this process has caused countless hours of effort reviewing and submitting documentation, as well as a wide range of inconveniences and related health problems due to stress. 

How could Capital One award someone a credit card with a {$10000.00} credit limit, when my credit report does not show my employment information? Let 's talk about not being negligent in their process of approving credit cards with a credible investigation of the customers. Did they realized that as a freelance teacher on XXXX my income was extremely low for the credit limit they approved on my behalf? 

I have also notified the US Post Office that identity theft that I am a victim of Identity Theft enabled by the use of a criminal postal address. Upon studying my credit reports I found several unauthorized inquiries mostly from Capital One to my credit reports. 

My stolen identity was also used to open another credit card. I found that an additional XXXX XXXX credit card had been opened on my behalf. Fortunately, no charges had been made. As I called XXXX XXXX to let them know that this card was open in a fraudulent way, first thing I hear from the customer service representative is " XXXX XXXX we appologize as we know we have had trouble delivering your card '' ( Again, the XXXX address ). 
It would be easier to pay the money owed as it is sitting on my savings account, however, I refuse to be the victim of these criminal actions against me. I am asking to XXXX, XXXX to consider the fraudulent nature of their business before hiring an attorney. I have nothing to lose in providing evidence to support my claims to a judge. 

XXXX, XXXX and XXXX has closed my file, as I have just found out ( XX/XX/XXXX ). I ask XXXX XXXX, XXXX to consider that a fraudulent account has been purchased ; after being approved by Capital One in a negligent way. My address was changed by the CREDITORS, not by me, either by negligence on their application process or by upfront choosing to do it to profit from a theft victim. The information used to validate the debt is fraudulent. Please consider revising the documentation provided. In my tax returns you can see that my address is not the one used to open the card. I ask XXXX XXXX, XXXX to investigate further, do the right thing. It is a matter of money for the company, but it is an assault on me. 
XXXX can choose to side with the perpetrators, and/or with the negligence of Capital One. 
I am happy to provide any documentation needed to prove my case.

Company response to consumer: Closed with explanation