Consumer complaint received 2023-06-26
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 am fighting a fraudulent Capital One credit card account that was opened on XX/XX/XXXX following a home break in that occurred XX/XX/XXXX, grand larceny in the 2nd degree, and identity theft. I was unaware of the credit card account until XX/XX/XXXX when applying for a mortgage. The account is now in " charge back '' for appx {$300.00} and has resulted in a greater than XXXX point reduction in my credit score on XXXX and XXXX. Capital One 's investigation stated " Our research found no signs of fraud '' as of XX/XX/XXXX. I have disputed multiple times and asked for the case to be reopened. 

All of my personal identifying information was stolen from my home during the break in ( social security card, passport, lease, etc ). On XX/XX/XXXX the burglar took out an auto loan under my name with Capital One for {$50000.00} and purchased a XXXX XXXX XXXX from a car dealership in the XXXX - XXXX XXXX XXXX XXXX XXXX XXXX XXXX. This fraudulent loan has since been dismissed. Despite an open investigation for the auto loan fraud, Capital one still allowed a second fraudulent credit card account to be opened in my name. I froze 2 out of 3 credit reporting bureaus around this time but was unable to freeze XXXX as the information asked to identify myself was incorrect ( likely due to identity fraud ). I recently found out this is because the XXXX account listed fraudulent personal information including an incorrect address ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX ) and phone number ( XXXX ). 

No one has been charged for the breaking and entering/burglary/identity theft but based on reports from construction workers on our block, door cam footage, and location of car purchase - we believe the culprit to be a construction worked named XXXX XXXX who was XXXXired from a site at a neighboring building in XXXX of XXXX for theft. 

My partner and I are now in jeopardy of losing our dream home and have spent countless hours on the line with the Capital One fraud department with no resolution : 1. The investigation has twice shown there is " no indication of fraud because the documents used to verify the account match my information. We were told those documents are my address and phone number. We now believe Capital One was verifying my address and phone number against the fraudulent personal information on XXXX and XXXX and have again asked them to reopen the case. 
2. The phone number on the account is not my phone number. When confirming with Capital One the last 4 digits do not match my number. I have never been formally asked to verify my number with an investigator. 
3. The burglar has my address, amongst all other PII and has already taken out an auto loan in my name with the same company. 
4. The surname used for the account is not correct nor used on my other accounts- " XXXX '' 5. We submitted a police report for the break in and Identity Theft to Capital One, both of which occurred during the same time period this account was opened ( XX/XX/XXXX ). 
6. We have requested to be sent documents pertaining to the account such as the credit card statements and the account application, nothing has been sent by mail nor fax. The team has stated they will not send this information because " my address/phone number does not match the account. '' 7. We were told we can not file a police report in NY without the credit card statements and this is contradictory to the reason my fraudulent claim was denied. 
8. When on the phone with a Capital One account manager on XX/XX/XXXX she listed multiple transactions- all of which took place at businesses in the XXXX, I live in XXXX and have never visited those locations. They do not match my spending habits. An additional charge mentioned was for an uber I can prove was not taken on my XXXX  account. 

On XX/XX/XXXX, I was able to gain access to my XXXX report and dispute the fraudulent PII on this bureau as well as on XXXX. I also placed a dispute on the credit card account. No grounds have been made with Capital one.

Company response to consumer: Closed with non-monetary relief