Consumer complaint received 2021-11-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: SC
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 BANK USA Account number XXXX Date opened XX/XX/XXXX Balance on XX/XX/XXXX {$3000.00} {$2500.00} I am a victim of identity theft ; my personal information was stolen and used to obtain loans and credit cards. However, I was in prison from XX/XX/XXXX to XX/XX/XXXX when the fraud did not happen nor I have not benefited from any of this. I provided proof that I was incarceration ( identity theft report, the accounts, paper work from the government of my incarceration and validation letters ) to the creditors and all XXXX credit bureaus ( XXXX, XXXX and XXXX ) XXXX and XXXX was completed but not XXXX which they continue to keep reporting to the credit bureaus. I notified the credit bureaus several times and kept getting the same response ( verified ). They have not provided no evidence to prove that these accounts belongs to me. No signature that matches my handwriting or coming into any of their facilities ( of course i was in prison ). I have tried every method going back and forth which is giving me no justice at all. This has caused me XXXX, anxiety and fatigue. I would like the accounts removed immediately. I provided all my evidence to prove that it wasn't me even down to the signatures on loan documents. 

All of my rights has been violated according to The Fair Credit Reporting Act ( FCRA ) The lawsuit will be filed due to the utter lack of response from your Regions. When someone is the victim of identity theft, it is simply a nightmare trying to get false information removed from a credit file. I have contacted all of the false creditors listed on my credit file. I have challenged all of the false listings on my credit file. Nothing ever happens to fix the situation. Over 90 days ago I wrote Regions in question and demanded proof that I am their customer. I asked for proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. So far none of them has been able to provide such proof to me. I have sent follow-up letters to each of them and there is still no proof. I have attempted phone contact, but I simply get transferred around and nothing ever gets accomplished. I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, XXXX v XXXX ( Mo ) XXXX XXXX XXXX, XXXX, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. I have copies of the certified letters and dates prepared to bring to court if needed. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. Under the Fair Credit Reporting Act, if they can not verify the debt within 30 days, then it must be removed. Your letters to me claim to have " verified '' the debt, but this is in fact not true under law. Simply contacting the alleged creditor and asking them to match up numbers in their database is no sufficient verification for identity theft. Of course the information matches up. Someone clearly used my information without my authorization while i was in incarcerated. XXXX for being such a pain in the posterior to me. I have provided more than sufficient evidence to get these false accounts removed. This matter could've been settled simply by your agreement to remove the false information from my credit file with the evidence I provided. I will also be aggressively pursuing the full judgment that I can go against XXXX for violation of the Fair Credit Reporting Act and Defamation as well.

Company response to consumer: Closed with explanation