Suing a Credit Card Company?

6 months ago, I received a letter from Capital One claiming that I had tried to open an account with them. I called the number listed in the letter and notified them that I have not attempted to open any account, and to investigate that account in question. Capital One sends me forms to complete to report an identity theft. I pulled my credit report a few days ago and see a listing for a charged off Capital one account. Can I sue Capital One for gross negligence in due diligence after I had notified them that I was not interested in opening an account with them, and how do I proceed with legal action?