Identity Theft/Fraud & Capital One

[Anonymous]

Hey there! I hope someone can offer some advice. I am a victim of identity theft. I had 5 accounts on my credit file that were fraudulent with two of them being Capital One. I submitted my Identity Theft Affidavit to all 3 bureaus along with proof of identity. Three of the accounts were confirmed as fraudulent however Capital One "verified" their two and even started reporting them monthly as late/charged off. At this point I don't know what to do. Should I dispute again? Send the bureaus a letter? Or, should I contact the CFPB? I would really appreciate help with this. As you can imagine this is trashing my score and good name. 

[RobertEG]

Did yu also include a copy of a police report (which the FCRA calls an "Identity Theft Report") along with your affidavit?

The police report is a required part of the identity theft process.

if you meet all of the conditions of FCRA 605B, then the information must be blocked from your credit report.

It is no longer an issue of a dispute,.

Check out the sticky post at the top of the General Credit Topics section of the forum for details on use of the identity theft process.....

[Anonymous]

Thanks for responding. I did include the police report as well which is why I am having a hard time understanding why they won't remove it. I got a letter from Capital One saying that they need more information from me in order for them to consider removing it. I don't feel comfortable sending them any info given the situation. I'm just hoping someone can point me in the right direction to getting this resolved.

[RobertEG]

The creditor has NOTHING to do with blocking their reporting.

They are not involved in the process, and you need not provide them anything.

As a matter of fact, if you send them a copy of your police report, you can demand all business records in their possession related to your alleged opening or use of the account.  See FCRA 609(e).

The whole intent of the section 605B identity theft process is to remove any involvment or concurrence of the furnisher of the information.

If the consumer fulfills all of the requirments of section 605B, then the CRA must block the information from any credit report they issue.

Carefully read section 605B and ensure you have met all the requirments.

If so and they still refuse to blcok, then send a formal complaint to the CFPB of their non-compliance with the provisions of section 605B.

[Anonymous]

Thanks again for responding. I will go ahead and file the CFPB complaint. However, if the creditor has nothing to do with the removal why does the credit bureau say it's verified and why would Capital One send me letters asking for more info?

[RobertEG]

Your original post asks whether you should dispute again, inferring that your prior letter was interpreted and processed by the CRA as a dispute under FCRA 611, and not an identity theft blockage request per FCRA 605B.

The fact that they verified the accuracy is clear indication that it was treated as an FCRA dispute, and verified.

A furnisher can verify provided they have information adequate to support their finding that you are the named party who obtained the credit.  They are not rwquired to conduct an independent, private investigation in order to verify.  Ergo, the reason for the creation under the FCRA of an identity theft process that does not involve a dispute and proper verification by the furnisher.

I would first make sure that they responded to and treated your prior communication as an request to block identity theft relaterd information from your credit report.