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My mother has been a victim of credit card fraud, please help (Capital One)

kendogg

Diamond Member
Sometime late last year (October 2006 I believe) we received a phone call from a female capital one rep from claims stating that my mother has been past due several months on a credit card statement in the amount of $2800~

Let me address a few things before I continue.

1. My mother has never owned a capital one card, nor has she personally ever signed up for one.

2. Capital one has never issued any type of statement(s) to our current home address.

3. I did most of the talking as my mother's English isn't as proficient

I proceeded to tell her the facts stated above, and asked her to confirm the address issued to the credit card holder.

It turns out that the address is NOT ours.

We confirm that my mother has been a victim of credit card fraud and the rep proceeds to tell me that a police investigation will take place. She informed me that they will be calling us with an update of what has taken place.

At this point she has lead me to believe that the situation has been resolved.

(We didn't hear back from capital one after this call)

until...

------------>Fast forward to this morning (March 22, 2007)

Mother receives yet another call from Capital one claims. They claim my mother still owes an outstanding overdue balance of $2800~ They make an offer to my mother stating if she pays 1k they will forget about the rest (mother obviously refused the offer). From what my mother is saying now, they are claiming the address on the card holder is our previous residents, which was 6 years ago.

I am at a loss of what to do about this. Any advice from a legal standpoint would be greatly appreciated. Thank you.
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Dude, this sounds like a telephone scam. Have you actually called capital one to confirm about this?
 
Capital One sucks. I had a fradulent charge on my card and it took me calling them 3 times before they actually disputed the charge, and by that time I had a bunch of late fees. You just need to keep after them. Also, you'll probably want to check your mom's credit report (you can get free reports on annualcreditreport.com - it's the only legit site to do that BTW) and file disputes as I'm sure this has shown up there.

Edit: Missed the part that it was a phone call. Yeah, that may be a scam.
 
Did you ever dispute the charges in writing? Did you ever file a police report regarding identity theft? If not, it's going to be a lot more difficult to get straightened out. First, contact capital one to verify what's going on.

Here's what you do. Get your (her) credit report on annualcreditreport.com. If there are negative entries on there, you have to dispute those entries with the credit reporting agencies. Also, you'll want to send a "debt validation" letter to dispute any such entries -- it's up to them to prove that you owe the debt, not up to you to prove that you do not.

Worst case scenario, you might have to sue them to get it fixed.
 
1) You have to be proactive. You can't just sit around thinking that the situation will be resolved.

2) You have to deny the charges and check all credit reports (heck do more than just the main 3). The denials have to be in writing from your mother.

3) Companies sell debt all the time. Just because she doesn't have an account with company X, doesn't mean company X didn't buy her bad debt from company Y. The claim that you never had an account with company X is not a defense.

4) You weren't clear. Was the address truely your old address?
 
Originally posted by: UncleWai
Dude, this sounds like a telephone scam. Have you actually called capital one to confirm about this?

This is what I thought when I first read the post. Never believe what a person on the phone tells you. She might be legit, but say you'll contact them through their customer service number. If she's not legit, then she may be fishing you for more info.

Examples:

I got a message on my answering machine from my credit card company informing me of "suspicious activity". The caller provided a call back number. DON'T CALL THEM BACK WITH THAT NUMBER! Call the number in the back of your credit card and confirm.

My sister got a call from her university alumni association, basically asking for a donation. She basically said, "Why would I give you my CC number over the phone? I don't know if you're really from my university."
 
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