Consumer complaint received 2024-03-04
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION (UT)

On XX/XX/XXXX I was served a summons at my home from XXXX XXXX XXXX threatening to file a complaint/lawsuit for an alleged Capital One credit card account. My personal information including but not limited to name, date of birth, social security number, address credit card/bank account numbers has been breached multiple times in the past 10 years and used for several fraudulent purposes. In fact my physical social security card was intercepted in the mail and used. There have been false inquiries on my credit report, fraudulent accounts opened, fraudulent charges to my existing accounts. This information was already provided once to XXXX XXXX XXXX XXXX years ago and apparently they and Capital One do not care. I have never received a letter or phone call regarding this account. Nor have I ever received the demand letter that is required in order to file a lawsuit against me for the debt. XXXX XXXX and Capital One did not even have my accurate address until I was served this summons Additionally, Capital One and XXXX XXXX have both been asked for documentation and proof that this debt belongs to me and were unable to provide it. Yet, they served me a summons anyway without ever speaking to me after my dispute or sending a response. The only response I received was via my previous CFPB complaint. I tried once again to call XXXX XXXX and clear this up after receiving the summons to which they responded " This complaint is Capital One 's issue and we are not required to investigate '' They are harassing me and threatening to sue me over something that I have done my due diligence to dispute. I provided an identity theft report and a police report and still they continued with their collection activities. This is harassment and illegal and it needs to stop. I have already provided XXXX XXXX with my previous police report from my original incident but have filed a new report as I was not aware of this account when the original repot was filed. 

Per Section XXXX ( XXXX ) of the FCRA Capital One and XXXX XXXX must provide any applications and transaction records when identity theft has been reported. These documents were never provided to me. There is no signed application or contract for this account. Capital One and XXXX XXXX have failed to conduct a reasonable investigation into this matter. Instead of investigating they have continued to attempt to collect this debt. They have caused me a great deal of distress by having me served with a summons for a debt I did not create and charges that I did not make. They need to be held accountable for their behavior. Speaking with them and trying to resolve the issue directly is useless. After my second dispute XXXX XXXX has provided me with a series of account statements beginning in XXXX of XXXX when this alleged account was opened in XXXX. These documents do not show any detailed transactions or information nor have they provided me with an application or contract bearing my signature. I was told my XXXX XXXX to call Capital One at their escalated dispute phone number as they continue to tell me it is XXXX Ones job to answer my dispute. However, when I call the number I am provided it takes me to another menu for XXXX XXXX!