Consumer complaint received 2023-07-07
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:
Capital One failed to comply with regulation E 1005.6 as well as regulation E 1005.11 ( b ) ( 1 ) and is now suing me...

In XXXX  I disputed a charge on my statement resulting in credit reimbursed to my account. Upon the next statement same transaction is listed again. I contact Capital One and inquire if I needed a new credit card or if they could just block the merchant from future charges to my account.. no problem they said we can block the merchant. I already had {$100.00} a month payment set up deducted from my checking to apply towards the credit card balance and since I wasn't using or had no intention of using the card in the near future as well as starting a new career I didn't pay attention to my statements after this service rep told me they could handle it.. the next time I did look at my statement there was a multitude of fraudulent charges on there including recurring charges from the merchant that Capital One told me they would block from making future charges to my account. I did not have paper statements and I did not have access to my digital statements but rather learned of these charges via a periodic account balance notification email that seemed to be rising rather than diminishing, so immediately contacted customer service Capital One and as the rep was going over my statement with me transaction by transaction informing me of all the account activity my statement was showing and thus me informing him of all the fraudulent activity he was telling me that my account had incurred.. at that time I demanded the account to be locked no more purchases to be processed whatsoever... I made payments on this account for what seems like 2 years never really understanding how the fraud took place my only interpretation was that it had to be someone from inside Capital One.. I don't have access to my account @ this time my account has been charged off I'm in default and facing a lawsuit I've already been served a subpoena and my answer is due in 4 days ... However I have undeniably proof for I have found a couple screenshots of my statement that verifies such fraud. One screenshot shows four different charges ( and I intend to include an attachment of this ) all of which any fifth grader could recognize as fictitious laugh in your face out loud merchant names all containing the same reference number.. how do four different retailers have the same phone number transaction reference number or whatever it may be referred to as I'm not sure.. it was not until emergency funding was needed and extensive effort was needed to unlock the account did I finally reached a manager who was sympathetic to the fact that I had been told over and over and over again that the account was unlocked and it was good to go when it wasn't until I went to make a transaction at a retailer that I learned the account was still locked multiple times, however she assured me if I would stay on the line it may take over an hour but she would get the account unlocked and eventually did at which time she asked if there's anything else she could do and I began discussing the activity listed above which she told me that Capital One was wrong by misinforming me and that they should have immediately issued me a new credit card number and she again assured me she would help resolve the situation when she called me the next day and I never heard from her again nor have I ever heard anything from Capital One about any type of investigation and I'm not certain but I'm pretty sure I never received even the recurring charges refunded from the merchant that they were supposed to have blocked.. but there were several other {$20.00} Petty charges as well.. not certain but I believe the total amount roughly {$500.00} and I paid interest on that for 6 years and now they're suing me for {$3600.00}

Company response to consumer: Closed with explanation