Consumer complaint received 2017-03-01
Product: Debt collection — Credit card
Issue: Cont'd attempts collect debt not owed — Debt resulted from identity theft
Company: BARCLAYS BANK DELAWARE (MA)

Sometime on or about XX/XX/XXXX, the date I am not sure about a person or persons unknown to and without my express permission opened a credit card account with Barclaycard and charged items to that card in the amount of {$5000.00} or more. Upon a routine credit check it was discovered that this card on my credit report. I immediately contacted Barclaycard and reported the fraudulent card and theft of my identity that was used to open the card. After speaking with the fraud department at Barclaycard I was assured that this was indeed an act of fraud perpetrated against me. I was told I was not responsible for the charges incurred and that the card was cancelled and they would investigate the incident and no further was required on my part. Subsequent to that I never heard again from Barclaycard and thought the matter closed. In XX/XX/XXXX I received a collection notice from XXXX XXXX XXXX , XXXX in the amount of {$5400.00}. I notified them of my dispute of the debt by certified mail and never received verification of my debt as requested. Then in XX/XX/XXXX I received a collection notice from XXXX XXXX XXXX of XXXX XXXX requesting payment of a debt of {$5400.00}. I notified them in writhing and by certified mail of my rights and that the debt was the result of credit card fraud and request they provide me with verification that was in fact my debt. I never received a response from them nor was I ever contacted by them again. On XX/XX/XXXX I received a letter from XXXX XXXX XXXX XXXX of XXXX XXXX, XXXX concerning the collection of a debt of {$5400.00}, again from Barclays Bank Delaware, Account No. : XXXX. I immediately notified them in writing and by certified mail that this was credit card fraud and my dispute of the debt along with invoking my consumer protections rights of which were amongst other protection rights were contacting me by mail and verification of the debt. While awaiting a response from XXXX XXXX XXXX I received a " ID Theft Affidavit '' from them which appeared to have an internal file number XXXX XXXX written in the upper right corner. This number also correspondent with a number on a payment voucher. I immediately that this was a ruse to garner further personal information from me in an attempt to collect a debt. I received three of these why awaiting for a written response to my dispute of the alleged debt. My letter of dispute was mailed on XX/XX/XXXX and I did not receive a written response until XX/XX/XXXX far exceeding the required 30 days in which to have responded. In their written response they enclosed XXXX credit card statements from XX/XX/XXXX and XX/XX/XXXX both showing credit card activity with a pre-existing balance claiming that these documents were proof of my debt. Again none of the purchases being mine or authorised by me. On XX/XX/XXXX I responded by certified mail to their claim of proof that it was my debt clearly stating the the copies of the credit card statement were not proof of my opening the account in dispute but merely statements showing the fraud perpetrated by using my identity. On XX/XX/XXXX I received a written court complaint alleging in small claims court ( XXXX ) that I owed an outstanding debt to Barclay Bank Delaware in the amount XXXX to be heard on XX/XX/XXXX, XXXX. I know request that an investigation be conducted into this matter for blatant violations of my rights under the consumer protection law of the United States of America and Commonwealth of XXXX.