View single post by mcniff911
 Posted: Tue Jan 23rd, 2007 10:59 pm
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Joined: Tue Jan 23rd, 2007
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Capital One sues me for an ID Theft/ Credit Fraud new account

For more than a year, I have been tirelessly fighting Capital One to investigate Credit Fraud/ Identity Theft credit card that was apparently opened in my name without my permission.

By the time I was aware of this, the account was sent to collections. I immediately contacted Capital One and was referred to speak with its collection agency despite my request to document and investigate this as a fraud case.

The first collection agency (can't remember the name) sent me a letter. I responded quickly and efficiently and did not hear back from them assuming the agency ceased and desisted to collect the balance amount. This was back in 8/2005.  This was NOT the first and only Identity Theft case so I took measures to guard my good credit and reported it to the CRAs and FTC.

Fast forward exactly a year later, I received a demand letter from a collection agency, PA. And well within the 30-day dispute letter, it received my response letter, which clearly stated this is not my debt and claimed it to be an identity theft issue.

The next notification sent to me was a civil summons at my door to appear in court as a defendant in a defaulted credit card loan.

I contacted the collection agency, Bray & Lunsford out of Jacksonville FL, and questioned why my dispute letter was ignored. I felt uncomfortable speaking with the plantiff's representation as it demanded payment instead of listening to case.

So I then demanded a ID theft affidavit form be sent to be from Capital One. After a few more calls requesting this vital document, I received it and had it notarized. I was then told it was received by Cap. One days later. But, nothing had been done.

I showed up in court and the judge recognized my previous letters to her pleading the court to dismiss the case based on my plea of innocence and ID Theft victimization.

She questioned the attorney who had no clue of this- just expected us to pay that day or else. The judge granted Cap. One 30-days to provide a signature and will review the status in Feb.

Meantime, I am filing complaints with other regulatory agencies and sending letters to anyone and everyone regarding this case. This ID theft account should have not gone this far and I think the judge agrees.

I have created a timeline of my energy and due diligence regarding this matter and hope to have this case dismissed and will countersue Capital One for damages. Not only was my valuable time exhausted... I have incurred out-of-pocket expenses to defend my good name. It is my hope federal and state regulators notice a pattern of complaints (and in my opinion, extortion) re: CAPITAL ONE.
Plantation, FL

Last edited on Wed Jan 24th, 2007 02:55 am by

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