Consumer complaint received 2021-08-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CO
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
I was going through Identity Theft. My primary card was used for thousands and thousands of dollars when I literally couldnt be there. I tried working with the fraud department but they were ridiculous and nothing but headaches. My credit was screwed and I was on the hook, trying to make payments that were not mine. The fraud department literally did nothing despite all the evidence I showed them. 
I had to get someone to listen so I took Capital one to small claims court. Before going to court we reached a settlement, which was in XX/XX/2019. They were going to relieve me of all debt, including a second fraudulent card that was taken out in my name. In addition, they were going to fix my credit report within 90 days of the agreement being signed. I was to dismiss the cases, which I did, and provide the COURT with the settlement agreement just in case something crazy and unfair like this was to happen. 
First issue was Capital One did not honor their agreement, a legal binding agreement ( not the main issue ). It took them over a year to finally fix my credit report. We had to work together multiple times because, although the debt was relived per the settlement agreement from their legal team, it never got to the fraud department so I kept on getting harassed. Its hard to have that huge liability out there, especially when things are supposed to be done. 
Finally, after a year, the credit report was fixed. On my credit report, there are not late hits and the there is no balance from Capital One. 
Then over two years later ( ongoing currently ), I got a call from the fraud department saying I owed the entire balance. In addition, I am being harassed by a collection agency which Capital One employed non-stop.

The fraud department was non-responsive. I finally after weeks got ahold of my contact and explained the situation. I had to get her manager on the phone, then someone in another department because they couldnt understand anything. ALL they had to do was reach out to their legal team, understand the agreement and finally leave me alone like they should have been the entire time. I sent them the settlement agreement as well as the collection agency. Over three weeks later I have heard nothing. 
My contact at Capital one who worked on this agreement with me and obviously knows what was agreed to changed departments. So while her name and email is represented in the settlement agreement, I was getting no response from her as I was pleading for help. Just because you change departments does not mean you duck out on prior agreements and responsibilities. I begged her and she said she sent my emails and concerns to the appropriate team. 
After two weeks, no one has contacted me from the legal department and no one even told me who was going to be looking into resolving the issue. 
So now I am sitting here with these huge liabilities being harassed on something I dont owe that should have been closed over two years ago. This issue should take all of two minutes to resolve.

1. Talk to the employee ( who for me is fortunately still there or I would really be screwed as no one would have the details and know the issues ) whose name is in the agreement, who works for your company, whose email is in the agreement. Gain an understanding of what was done, what was signed, and what was filed. Or just read the legal agreement, which I have provided just in case to their team, its pretty straightforward and anyone on the legal team should understand within one read of this 4 page document 2. Since it is our legal agreement/document, contact me and tell me it has been resolved. Contact the collection agency and tell them to leave me alone Its really that simple and I dont understand how they can continue to drop the ball from department to department ( legal to fraud department here ) and not resolve it in a timely manner ( or, as of now, it is not resolved as of now ).

Having to relive the identity theft, everything it took to get this settlement done, is not something I should have to be doing. It was settled two years ago!! Somebody please help.

At this point I have informed them that I will file again in county court just to get their attention and all the evidence is filed right there at the court. 

Note : I obviously can not attach the legal settlement here, but feel free to contact me and I would be happy to provide it.

Company response to consumer: Closed with monetary relief