Credit Card Application Fraud - Capital One don't agree

First post so if I am in the wrong place please let me know and apologies! Desperate for advice here...

Someone applied for a credit card in my name and I found out from an email from Capital One saying the application had been refused. Called their fraud dept who then called me back two days later and asked me some questions about my details - job, address, dob, email. They then asked me if I had ever lived at two addresses that I hadn't heard of.

The next day I received an email from Capital One saying that they have investigated and don't believe it was a fraudulent application and won't remove the record from my credit file. I called them back and they have advised I need to provide further information in order to prove I was not at the address on the application (and they won't tell me what that address was).

I have sent them - electoral roll records for the last 3 years from Experian, a note from Experian stating my email and password have been leaked and therefore I am a high risk of fraud, GPS info from my phone on that day (I had made a three hour car journey during the application time).

I am now getting radio silence from them. I have reported it to action fraud but they advised, "The use of another person’s identity, often referred to as identity theft, is not a police recordable crime."

If anyone has any advice on where I can take it from here? I am so shocked that Capital One have behaved in this way, I told them that the addresses were not mine but they said because the email and dob was that is enough.
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Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Raise a complaint with the ICO.
  • Candyapple
    Candyapple Posts: 3,384 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ID theft and what to do: post #11
    https://forums.moneysavingexpert.com/discussion/5650944/mums-ran-up-debt-in-my-name-and-wont-pay&highlight=cifas

    alybuffy wrote: »
    I told them that the addresses were not mine but they said because the email and dob was that is enough.

    For a fraudster to know your correct email address and DOB suggests to me that it may be someone in your close circle of family/friends who has done this to you. It's far too big a co-incidence.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • alybuffy
    alybuffy Posts: 8 Forumite
    That's a scary thought, I have no idea who could have done this, I just hope they don't try again. The two addresses were hundreds of miles away from where I live.
  • alybuffy
    alybuffy Posts: 8 Forumite
    I'm not sure on what grounds I would be able to raise a complaint to ICO - because they won't release the address details they hold for my application?
  • Candyapple
    Candyapple Posts: 3,384 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    alybuffy wrote: »
    I'm not sure on what grounds I would be able to raise a complaint to ICO - because they won't release the address details they hold for my application?

    Follow the list of instructions in the post I gave you above and the hard credit search will be removed from your files.

    You've already done way too much already which has amounted to nothing. Now take the actual steps you need to which will remedy this situation and prevent it from happening in the future.
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • alybuffy
    alybuffy Posts: 8 Forumite
    Thank you for that. I did report this to Action Fraud and the response was that it wasn't a crime:

    "You have indicated within your report that the misuse of your personal details or that of a company trading style played a part in the matter you are reporting. The use of another person’s identity, often referred to as identity theft, is not a police recordable crime. Where the details are used to obtain goods or services, we can only record a crime on behalf of the person or organisation which was defrauded as a result of the misuse of an identity.

    An example of a situation in which we could record a crime would be where details were used to obtain credit, the use of which left the provider of credit with a financial loss. In these circumstances we would record a crime for the provider of the credit and look to establish if there was scope for the matter to be investigated.
  • Candyapple
    Candyapple Posts: 3,384 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Does the Cap1 hard search show up on any of your 3 files?
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
  • alybuffy
    alybuffy Posts: 8 Forumite
    No it's not shown on any of my files which is even more baffling. I thought there might be a delay before it shows up? Capital One's response was:

    "We are writing to you regarding your claim of impersonation. Having completed our investigation, we are unable to accept your claim of fraud.

    We have based our decision on information provided by you, credit reference agencies and fraud databases.

    Because of this, the record of the search will remain on your credit file but as no account was ever set up and there are no payments due there is no further action required."
  • Ed-1
    Ed-1 Posts: 3,949 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You could try sending a subject access request to Capital One requesting application details.
  • Why would a fraudster use your email address?
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