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flipeng
Joined: 10 Oct 2009
flipeng's page
Posts: 7
175 Magic Points
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Subject: Capital Management???
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Sat Oct 10, 2009 6:51 pm
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Hello,
I received a call from Capital Management saying that they are collecting a debt for Chase (which was an account I opened thru Circuit City). The Chase / Circuit City account was charged off - at least that's what I was told when I contacted Chase. I want to know, do I have to repay this amount? I started paying them because I was getting harrassing phone calls at home and at work. I was even embarrassed at work because they informed whoever they spoke to about my business! When I told them they were not allowed to call me at work, the person yelled "I can call you wherever". I had to make a big down payment then started paying $50/mos then they said they had to increase the amount to $57, everytime they tried to increase the monthly amount. I was authorizing 4 mos of auto withdrawal from my bank account at a time. When it came time to set up the next 4 mos, I declined & stated I would mail my payment. Capital Management then made an unauthorized withdrawal from my bank account, which when I called them to inform them of their "mistake" they were very unprofessional and were yelling at me saying I gave them authorization to do so. I think I made about 12 payments all in all before I checked my credit report and Capital Management is not even on my report! My question is, do I have to pay Capital Management? Advice i've gotten is if it is not reporting on my credit, don't pay. I don't know what to do!?!?!
Thank you for your help!  |
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flip
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Subject: re
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Mon Oct 12, 2009 12:09 am
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| Contact NY State Attorney General regarding cap management. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Mon Oct 12, 2009 5:26 am
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Hi Flipeng,
The first thing you should have done after receiving phone calls from the company was, asking for debt validation. Anyways, now you have seen your credit report and their name is not mentioned, right. Sometimes it happens that the creditor delays in reporting the debt or the bureaus make some mistake regarding the update of information. In that case sooner or later this debt will be listed.
Whatever the case may be, the creditor cannot garnish your bank account without a judgment against you. This you need to report to the FTC and the State Attorney General. Also the collection agency cannot harass you with phone calls everywhere. You also need to file a complaint against them to the FTC and the State Attorney General. As far as paying the debt is concerned, I think you should stop paying for the time being since it is not there in your credit report.
_________________
All the Best 
Justin |
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flipeng
Joined: 10 Oct 2009
flipeng's page
Posts: 7
175 Magic Points
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Subject: capital management
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Tue Oct 13, 2009 8:06 am
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Thank you for your help!
Capital Management said I authorized the withdrawal from my account and when I asked to show me proof and i wanted to listen to the taped recording of my agreeing to the transaction they give me the run around saying I need to call a different # and that they don't just keep those files readily available, and when I find out that I did authorize the withdrawal they want me to apologize to them for accusing them of withdrawing the funds from my account w/o authorization! The nerve! I have stopped payment for now, and I will send them a debt validation letter... I just found out about that! Any other suggestions?
Thanks again for are your help! |
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