Report: #895178

Complaint Review: Capital One

  • Submitted: Sat, June 09, 2012
  • Updated: Tue, June 12, 2012
  • Reported By: Cheryl Prince — Golden Valley Arizona United States of America
  • Capital One
    P.O. Box 30277 Salt Lake City, Utah
    Salt Lake City, Utah
    United States of America

Capital One Capital One Credit Card Told me a fradulent credit card account would be removed from my credit, and was NOT! Salt Lake City, Utah

*Consumer Comment: the customer isnt always right...

*Consumer Comment: That's not gonna work.

*Consumer Comment: You are not going to like your choices

*Consumer Comment: Capital One

Show customers why they should trust your business over your competitors...

In Dec. 2011 a fradulent credit card was issued in my name.  I was on vacation at the time and knew nothing about this account being opened. I only found out about this account when Capital One started calling me for past due payments.  I called David S. (all the name they will supply) in the fraud protection dept.  After speaking with him I filed a police report.  Later I found a family member was responsible for opening this account!

When I found out a family member was responsible I chose not to file charges. I called this David S. and he told me there was another way to resolve this account.  He would send a form having this party take responsibilty for the account.  I had them fill it out with thier personal info. address, phone etc. and I mailed it back as well as faxed them a copy.

Now here's the RIP OFF!  I was very concerned about my credit and was told when the responsible party files the needed paperwork this account would be taken off my credit. Well that certainly didn't happen!!!  Now they say the account even though I knew nothing about it, (even the responsible party has told them I knew nothing about this account being opened)  I am still responsible and they have left it on my credit which shows as 190 days delinquent and will stay has showing late payments on my credit even after this person pays it off, which will take some time.

This is not fair of Capital One to destroy my credit, when they know that I had nothing to do with opening this fraudulent credit card account.

Help! is there anything I can do?
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This report was posted on Ripoff Report on 06/09/2012 11:36 AM and is a permanent record located here: The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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#1 Consumer Comment

the customer isnt always right...

AUTHOR: Tracy - (USA)

unfortunately in this instance, the bank is correct. If a family member opened the card without your permission, then its a domestic dispute and if they were living with you, then the police probably wont even get involved. Not filing a police report is basically saying that you are willing to take responsibility for the persons action. Sorry it wasnt the answer you were looking for!

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#2 Consumer Comment

That's not gonna work.

AUTHOR: Flynrider - (USA)

" When I found out a family member was responsible I chose not to file charges. "

   If you refuse to file charges and officially delclare that the account is fraudulent, the creditor has no legal way to make your family member be responsible for this debt.   It is still legally in your name and you will remain legally responsible until it is paid.  If this was truly fraud, charges would be filed and your record would be cleared.  You have chosen not to make it fraud.

   You can't have it both ways.   Either you make your family member own up to what he/she did, or you're volunteering to take the hit for him/her.  
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#3 Consumer Comment

You are not going to like your choices

AUTHOR: Robert - (U.S.A.)

If you are unwilling to file charges against the person who opened the account in your name every credit card company would hold you responsible.  I am not saying that you did this but it is a very common thing to have someone you know open an account in your name, charge up hundreds if not thousands of dollars and then go back and say "Well I didn't know".  If you are unwilling to prosecute the creditors take that as "Well they must be involved somehow".

So unfortunately your only choices are to accept the account as your own, this includes all negative reporting if you do not pay on it OR file charges against the other party.  Now if you file charges what happens to that other person is 100% out of your hands because you would then have suffered no loss. 

Now, if you don't want to go the criminal route as an alternative you could attempt to sue this other party in CIVIL court.  Where you could sue them for not only the amount they charged but for any damage they have done to your credit.  Depending on their financial situation though even if you prevail it may be a victory in name only.  Of course you are still responsible for the debt and all of the negative reporting.

See I told you that you would not like your choices.
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#4 Consumer Comment

Capital One

AUTHOR: willobi - (USA)

Capital One cannot do anything about this being on your credit report. All they did was report it late, which it was. You will have to file a report with each credit reporting agency and explain what happened. The only way to correct it is for you to handle it with the credit reporting agencies. After you file a report, they will either remove it or add an explanation as to what happened. Good luck!
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