Consumer complaint received 2020-05-04
Company: CAPITAL ONE FINANCIAL CORPORATION
State: KY
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/XXXX, I found out there was another fraudulent account on my Credit Reports. The Acct was from Capital One Bank for a credit card. The Collection Agency XXXX XXXX XXXX, XXXX, ( XXXX, XXXX ) that is reporting the account has had it since XX/XX/XXXX. I contacted XXXX, XXXX to inform them that the debt was the result of Identity Theft and sent a letter to them date XXXX of XXXX to obtain ALL statements and validate the name and address ( s ) used on the account. They sent me back tow ( 2 ) statements form CapOne and had no substance as to what and how the specifics were tabulated. I requested again for the FULL file and once again XXXX, XXXX sent back the same statements. After calling, the representative gave me some information over the phone as to the debt and transferred me to the Fraud Department. At that time, I was to be sent an Identity Theft Affidavit and the per instruction, I completed the form and faxed it back along with additional documentation. After following up with a phone call about receipt of my Affidavit, they informed me they did not receive the fax and that it was in 'another department '. Then the Fraud Rep told me to email the information to an email address that would ensure their receipt. I emailed the documentation and then on XX/XX/XXXX, XXXX XXXX sent another Affidavit for me to complete. On XX/XX/XXXX, XXXX, XXXX sent a response informing me that they had validated the debt and that they would not be doing any other investigation. 
I called again and because the Fraud Department was closed, He could not do anything. However at that time I expalined that I had requested a copy of the entire file provided from CapOne and he indicated XXXX, XXXX had thirteen ( 13 ) statements in the file. I asked why I was not provided that information, including dates of correspondences, the thirteen ( 13 ) statements and any other pertinent information that was previously requested. At that point he went over the statements from XX/XX/XXXX to XX/XX/XXXX in which there were several returned payments on the original card and how a {$300.00} limit card had ended up with a balance of {$1000.00} debt. 
The problem with this is that I never knew about this debt/collection and that the bogus PO Box address that the US Post Office verified that was flagged for fraud was of record. XXXX, XXXX indicated they sent a Settlement Letter to both the bogus PO Box and another fraudulent PO Box at a mail forwarding facility also flagged for fraud by both the Credit Bureaus and the US Postal Service. Secondly, the original debt with CapOne is under my true legal name, but the file changed to another name but with my SSN and DOB. I pointed that out as to the inaccuracy because not only has my credit file been compromised in the past, but also crossed with the wrong suffix. 
XXXX, XXXX has not performed due diligence and claims that they have followed the letter of the law with regards to 15 U.S.C. Section 1681s-2 ( a ) ( 8 ) ( F ) ( i ) ( II ) ; however, they have NEVER provided me with the COMPLETE file of the original debt for me to show the inaccuracies and in their last letter state my claim is frivolous and refuse to perform a proper investigation of the debt and the information I have provided. As of this writing, I am awaiting for XXXX, XXXX follow-up on the status of my dispute with the request of my inquiry for an hour. The process to address XXXX, XXXX to acquire information about the debt/collection is misleading. The phone number for the Disputes Department is not the the indicated department as stated in their correspondences and that there are two ( 2 ) different addresses for correspondence, yet they direct the consumer to send all correspondence to a fax machine number that the necessary Department has no access to. At each step to resolve this matter, I have been misled and while I provide the information requested, XXXX, XXXX is misapplying the USC statute to usurp the rights of the consumer to fraudulently report a collection account that has obvious inaccurate information, yet I am being punished with their behaviors to place barriers to force a collection and continued wrongful reporting.

Company response to consumer: Closed with explanation