Fraud Credit Card Account?

Question

Been fighting with Cap. One in regards to an account they state that I opened. Never did.

I sent out letters (certified) asking for a copy of my signature on the contract - they never sent me one. I followed all of the dispute things to do.

I was served to go to court - I asked them then AGAIN for proof of my signature on this account - none provided. They stated that due to "me" using this account - this is my acknowledgement of the account. I NEVER USED THIS ACCOUNT - because I never had an account with them.

I have to go to trail.

So...just because someone opens up an account (wherever they did, probably on the interent) - they can sue me or YOU?

I can not afford an attorney - I need some help here.....

Answer 1

Usually there is a fraud unit within credit card companies. I am surprised that you didn't get routed to that dept. You should have filed a police report for identity theft. Contact credit reporting companies to have your report show ID theft, you can actually ask for a credit freeze, that way no one can open additional credit without contacting you directly. (ie proof of idenity) All that said, make sure that you show up in court and tell the judge, be sure to bring all of your correspondence with the credit card company, even what they sent you.

good luck

Answer 2

You need attorney. Check with your local legal aid society or county Bar Association for help. I'm not an attorney but I know it's Federal Law (The Federal Fair Debt Collections Practices Act) that if you ask for an accounting of your debt, it MUST be provided to you. Keep your papers where you asked for an accounting. Here is the Goverment's site on the FDCPA (it's pretty technical)... http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

Since you have already been served, your best bet would be to get an attorney. Get one experienced in identity theft.

This is the Government's site for identity theft. http://www.consumer.gov/idtheft/

You need to get a copy of your credit report. There are probably other debts which you didn't incur that are on your credit report. Here is the site to get your free credit report.... https://www.annualcreditreport.com/cra/index.jsp
You will need to act proactively for any debts you don't recognize (before the company contacts you) and explain the situation. The website explains how to contact the major credit reporting companies and put a fraud alert on your account. Write to the company of any debt you don't recognize, demand a copy of the debt, tell them you dispute the debt, and not to impair your credit while the mess is being sorted out.

Your lawyer can help you with more strategies and legal advice.

This will probably haunt you for many, many, years. The steps you take in the beginning, will help or hurt you later on. That is why I suggest you get an attorney.

GOOD LUCK.

Answer 3

You should be contacting their fraud department, not their dispute resolution center. You should also go to the police and let them know you have been the victim of identity theft.

I suggest you call Capital One's fraud center, which is what you should have done to begin with.