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ID Theft
 Moderated by: Christine
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 Posted: Tue Jan 23rd, 2007 09:59 pm
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mcniff911
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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.
McNiff911
Plantation, FL

Last edited on Wed Jan 24th, 2007 01:55 am by Christine



 Posted: Sat Mar 31st, 2007 07:06 pm
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Wandering Oisin
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I'm new here, so Christine please be gentle if I'm stepping on any toes here--but I would like to suggest an attorney on the matter...Brian Parker.  I am a credit fanatic, and I refer Mr. Parker a fair number of suits each month.  Out of the available attorneys in my home state I like him for a few reasons:

1) Rarely (if ever) has he lost a case in FDCPA or FCRA
2) For FDCPA and FCRA cases he does not charge the clients--instead going for the
    reasonable attorney fees described in the statute.
3) During my time as a collector, he only took valid cases, and was always
    passionate for his clients interests
4) Aside from his good record, and his good intent, it is the way he responds
    to hearing about a creditor/collector's errors:  he actally gets upset.


I know that a glowing recomendation is subject to through review; but I can say that in this case I had Mr. Parker represent my own mother on a very simmilar complaint with Capital One.  It took Mr. Parker three weeks.  He does have a website:

http://collectionstopper.com/

It may also be worth a discussion with Mr. Parker; I believe he has won settlements and or cases on incomplete listings...

Good Luck.  It seems clear, but defendant's attorneys have a knack of stirring up the setiment.




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