Consumer complaint received 2018-04-08
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I have absolutely no idea what these accounts are, I have never opened a account with these creditors and want this removed. I have notified my local Police department ( XXXX XXXX county sheriffs ) of these fraudulent accounts and have made a police report ( # XXXX ), also I have taken the proper steps to report these accounts to the Federal Trade Comission ( FTC ) and filed  fraud/identity theft reports with them along with contacted my local FBI field agenct office in XXXX XXXX to report these accounts In my previous CFPB report to Capital One they claimed that they had investigated and came out with the idea it was me because some information matched up but that information was frudulent and I have proof from the Credit reporting agencys that the information was fraudulent ( victim of Identity theft ). This account with Capital One ending in XXXX  are the result of fraud and under the FCRA 2009 ( a ), these charges are fraudulent and this account was opened fraudulently in my name. Also in accordance with 615 ( g ) of FCRA that the account is known to be Fraudulent, so that the original creditor can not sell, or transfer the debt so I will notify Capital One to cease & desist any collection activity on account XXXX, under federal law ( Fair Debt Collection Practices Act ) they must. Capital One seems to be playing this debt off saying its not fraudulent because someone used fraudulent information in my name and has been proven to be fraudulent information from the Credit Reporting Agency itself. I have and will once more send over a FEDERAL AFFIDAVIT identity theft report to Capital One under the penalty of perjury, also I will once more supply Capital One with the needed information and paperwork to produce the ACCURATE decision. They opened other accounts and every creditor other then Capital One specifically for account # XXXX has conducted a accurate report, in a timely manner.. I should not be having to jump through loopholes with Capital One for account XXXX to resolve this issue Under the FDCPA 2009, this debt is uncollectable by furnishing the appropriate information to Capital One. FCRA 603 ( q ) ( 4 ) The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) tt alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. " Also I have a mail fraud report from the Post Master of USPS, deeming information fraudulent again. Capital One found that the account opened with them through Cabelas was fraudulent using the same information ... now they are denying this by saying some fraudulent information that is currently being removed by the credit bureau ( that you have proof of ) matches what the THEIF gave us .... this makes no sense. 




Also they state that the charges made were for XXXX XXXX car and showed me as the primary driver, but I have also filed a identity theft report with the CALIFORNIA DMV as my license was also a result of Identity theft, the county of XXXX XXXX has issued me a statement and issued me a new Drivers license along with erased the tickets that did not belong to me. 

Also I have proof that the phone number provided that Capital one is basing their investigation on is not mine as well, I am in contact with the Attorney Generals office in regards to negligence and creditor mishandling of this case.

Company response to consumer: Closed with explanation