Consumer complaint received 2019-08-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
***BELOW IS LETTER I SENT TO CEO OF CAPITAL ONE BANK IT EXPLAINS WHAT HAS HAPPENED. XXXX Dear Mr. XXXX, Firstly, I do have a legitimate Capital One credit card in my name ( Last four account # XXXX ). 

This letter is about a fraudulent Capital One credit card ( Card # XXXX. Case # XXXX ) opened in my name. I was made aware of this fraudulent card when I received the bill on XX/XX/2019. Once I received the bill I immediately contacted Capital One who promptly canceled the card and sent my case to investigator XXXX XXXX. This has never happened to me so I assumed I did what I had to do by calling Capital One and closing the account immediately, in forming Capital One that I did not open this account or authorize this account to be opened or had any knowledge this account was opened in my name. 

On XX/XX/XXXX I received a voice mail message from fraud investigator XXXX that after Capital Ones investigation I was being held responsible for the charges on the card because the card was sent to my address ( which I never received ) and my cell phone was used to activate the card and create a pin # for the card on XX/XX/XXXX. 

Because Mr. XXXX did not leave an extension, for well over a week I had to call the general number, speak with and explain my situation to a customer service representative who then had to read over the material in my file, then had to transfer me to the fraud department where whoever I was speaking to in that department had to do the same. This was very frustrating to say the least. Being accused of being responsible for this card and being held responsible for the charges and the difficulty in getting in touch with Mr. XXXX prompted me to write a very terse and complaint letter to which I never received a response. I understand now that the tone of my complaint letter was less than professional, and I do apologize. 

Once I finally reached MrXXXX XXXX personally, he explained that his decision was based on the fact the card was mailed to my address and my cell phone was used to activate the card and set a pin on XX/XX/XXXX. I informed him that I never received the card and I had proof from my cell phone company that absolutely no calls were made to Capital One from my cell phone on XX/XX/XXXX. I informed Mr. XXXX it is obvious I had been swatted ( He said Capital One uses another term ). He said that Capital One has software that can tell if that situation is happening and nothing came up. I did ask if that system is kept up to date with the advancement with current hacking techniques and he said no. Still, MrXXXX XXXX said regardless there is evidence that my phone was not used, according to cell phone records, and my number was possibly swatted, still, the card was sent to my home. He informed me that the only way to reopen my case for review was to file a police report. 

I attempted to get a police report but was informed by XXXX that because of Mr. XXXX investigation and determination that I am being held responsible for the charges, XXXX can not take a police report for the fraudulent card because I cant be the one deemed responsible for the purchases made on the card and a victim at the same time. I informed Mr. XXXX of what the XXXX had said and pleaded with him over multiple phone calls ( both single and conference ) including the intervention of XXXX XXXX company and an actual XXXX Sargent to change the wording on his findings so that I can report the fraud to the police and get him the police report he needs. He refused to move from his position. He said he understood but Capital One is standing by this decision. I informed Mr. XXXX that I had contacted the establishments where the card was used to purchase items listed on the bill. I told him that the merchants informed me that the only way to see the videotapes they had was to go through the police and that they only keep tapes for a certain amount of time. MrXXXX XXXX said he understood but refused to move his position, as far as Capital One was concerned the findings of his investigation stands and no changes will be made and the only way to reopen my case was to get a police report so the police can investigate and prove I wasnt the one using the card. The merchants had video evidence of whoever purchased the items. 

When I finally was able to get a police report a month later, Mr. XXXX then informed me that now Capital One will have to see if the XXXX will prosecute. He did not inform me of this before. XXXX Detective XXXX of the XXXX precinct in XXXX informed me this week that the case has been closed. 
The reason was that they contacted the establishments where the card was used but the video evidence no longer existed, which is what I feared would happen. 

Mr. XXXX, I havent attached any paperwork with this letter because everything I am telling you I have shared with Capital One. All paperwork is under the case number listed above. Sir, I did not apply for the fraudulent card for {$500.00}. Why would I do that when I already had a legitimate Capital One credit card with a limit of over {$6000.00} that I used very sporadically. All payments were made on time and in full. I am surprised that XXXX XXXX fraud department did not contact me when the application for the fraudulent {$500.00} card was requested. I was equally surprised that the fraud department did not contact me when the card was used in 48 hours leaving only {$.00}. That did not match my pattern of using the card. I have other credit cards and they surely would have contacted me ( and have ) when my spending pattern was off or suspicious. 
I feel sir, that Mr. XXXX is doing this in retaliation for the terse complaint letter against him and his colleagues I sent. I say this because the credit restoration specialists and the XXXX detective, after reviewing the same evidence I have supplied to Mr. XXXX, have both said the same thing : They do not understand why I am still being held responsible? They both have dealt with, and in the case of Detective XXXX, investigated many identity theft cases in the past. I did ask Mr. XXXX if he has had Identical or similar cases like mine to which he said yes. I then asked him if they all turn out the same way and he said he could not tell me specifics but there are variations that could possibly lead to different conclusions. I called MrXXXX XXXX this week to get an update and to find out if my account was a part of the massive XXXX XXXX person breach that Capital One has been exposed to and could that have an impact on my case. I was told he is on extended vacation. I asked to be updated by his manager and /or supervisor and no one has gotten back to me. XXXX Detective XXXX told me she hasnt heard anything from Mr. XXXX since XXXX which prompted me to call them to get the update. 
Mr. XXXX, I have reported the identity theft to the FBI ( IC3 ), the FTC and the XXXX. In doing so they all said if I sign the statement and the evidence points to me I will be arrested. Sir, I ask you, why would I risk being arrested in order to get a {$500.00} credit card with a company I already have a card with worth over {$6000.00} that I hardly use and have paid back on time? I am a middle aged man. Why would I purchase over {$200.00} worth of sneakers from a store geared for teenagers? Why would I do an online purchase for dog food for a pit bull, which I do not have, and send it to a person I do not know and to an address other than my own? I do not eat at establishments like XXXX and would never spend over {$60.00} there over two days. The address where the dog food ordered was sent, the sneaker store and the XXXX are all walking distance located in the same neighborhood in XXXX, NY. I live in XXXX. Why would I do this and sacrifice my good credit score? 
I also asked if I can have the exact timestamp of when the cards were used so I can provide evidence I was at work or at home, etc, but that request, in Mr. XXXX absence was refused by another fraud account manager. 
Mr. XXXX, I feel I have run out of options. My credit which had a rating of good, because of this is now poor. My other cards have either been lowered or closed. I was told if I pay then its an admission of guilt. I have reached out to the credit reporting agencies but they have said there is nothing they can do. It all depends on the information from Capital One. I continue to receive bills and telephone calls about the fraudulent card opened in my name while the interest and balance to be paid continue to climb. 
Mr. XXXX I am in the process of contacting legal representation and I have reached out to my local television affiliates. I have an interview scheduled with XXXX XXXX consumer affairs reporter XXXX XXXX of XXXX get XXXX on XX/XX/XXXX. 
I feel I have done everything I was supposed to do to prove I did not apply for this fraudulent card but Mr. XXXX and Capital One continue to hold me responsible. 
I am asking for Mr. XXXX is to please have my case file reviewed. I am available to give more extensive information if you need. I can be contacted at the address above and at XXXX XXXX XXXX XXXX and at XXXX. 
Thank you for your attention to this matter. 
Sincerely,

Company response to consumer: Closed with explanation