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Judgement against me for Capital One Credit Card?

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karen2268



Joined: 06 Jul 2009
karen2268's page
Posts: 2
Location: Georgia


174 Magic Points

Subject: Judgement against me for Capital One Credit Card?
 
Posted on Mon Jul 06, 2009 10:24 pm  

Okay here goes. I had 3 accounts with Capital One. Called got balance of #1 said 84.69. I sent them a payment (via electronic for 85.00) that day. Next month got statement still had balance of 55.74. I called Cap One they said it wasn't processed until after the 20th so there was a late charge and interest. I paid on their website on the 17th. After arguing to no avail. I paid and closed the account. My second account was down to 175.57 Jan 06. I made payments equal to 350.00 (I got the balances of the website each month) I knew I had overpaid. I called telling cap one i wanted account closed and they refused due to a BALANCE!!! (I hadn't charged at all) I tried to tell them about each payment etc.. They kept saying that on occasion I had paid too EARLY MAKING IT LOOK LIKE I HAD PAID 2 PAYMENTS THE PREVIOUS MONTHS! Therefore causing late payments for the month not paid. After arguing (again) to no avail. I ask the balance and they told me 37.00. I went online paid 50.00 waited 2 weeks and called to close the account. Oh I never received a refund for the 13.00 I paid over. #3 I paid payments continously on this account during all the disputing Cap. one and I were having. I called to get the balance in March 06 Cap one said 662.89. Over the next 6 months I paid Capital One 525. I called to get the new balance....480.00 I was told. payments totally over 525.00 and reduced my balance by 137.00. I was very upset. Ask the rep to explain to me how this was possible she said my credit limit had been reduced due to late payments on that account as well as the other 2. (all were due to their late processing or me paying too early in the month) Finally I ask for the supervisor of course they were out and couldn't be reached. I left my number so they could call me. After 2 weeks I called cap one back and ask to speak to someone in charge they of course could not be reached. Aug 24 i made a payment of 50.00 and my balance was up to over 600.00. I called Cap One and told them to close the account and I would not pay another penny until I speak with a supervisor. Again they were out but i was told they would have them call me. To this day no one but the law firm/collectors are calling but this past sept 08 i was served papers saying Cap One was the plaintiff of a civil suit against me. I replied with the info above. Since last Sept I have received call after call from the Law Firm/collectors (mann Bracken) Weekends, late night etc.. I didn't hear anything after my reply from the court but Mann Bracken did send me a letter stating they had won the judgement of 1575.00 and I needed to call to make full payment, even suggested i use my income taxes for it. (in May...my taxes are GONE Other bills) Anyway I thought it was just another scare tactic because I didn't get anything from the courts. Until this past Friday(7-3-09) Saying I needed to be in court July 24 for a pre-trail conference and it is mandatory that I be there. I called the court house today to find out about this and they said that they had already done some of the pre trail thing but I didn't show but this was another one. I do not have a lawyer but I need help. I did go pick up the papers from the court today saying that an order granting in part and denying in part plaintiff's motion for summary judgement. HELP> Now I am totally lost. What next. I do not owe this money but all I have are my bank statements showing where they had been paid over and over again) (i submitted that with my reply to the suit the first go around) Help Please.
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carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30039 Magic Points

 
Posted on Tue Jul 07, 2009 10:30 am  

Hi karen2268

I am sorry to hear all this. You do need professional help. The matter has moved to court. Please look for an attorney who can help you out of this situation.

What documents does Capital One have to prove that you owe them that much money?
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carol

carol

Joined: 27 Jun 2006
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Posts: 1299
Location: Los Angeles, California


30039 Magic Points

 
Posted on Tue Jul 07, 2009 10:39 am  

Another thing Karen,

Have you tried to lodge a complaint with the Federal Trade Commission?

Under the Fair Debt Collection Practices Act you have the right to dispute your debt. Ask your creditor for proof of the debt. I would suggest you take help from an attorney and ask him/her to word a strong letter for you asking for proof. Has it been over 30 days yet that they've asked for the payment. If it is over 30 days and you have not responded yet, the debt might become valid. So act now!
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karen2268



Joined: 06 Jul 2009
karen2268's page
Posts: 2
Location: Georgia


174 Magic Points

Subject: Asking Capital One
 
Posted on Tue Jul 07, 2009 9:45 pm  

Each time I have attempted to call Capital One they will not talk to me about it. They either transfer me to a collector (not sure if it's Mann Bracken but answer the phone with something about debt Collector) I hang up. I was advised to not talk to the Debt collector's by many others that have went through a similar situation. If I do get a live agent as soon as I tell them my name and social they say we are not the ones to handle this and give me a number to call which goes back to the law offices again. Oh one thing I forgot to mention....at the bottom of the "Mann Bracken Law Office" letters it states that they are debt collectors and are attempting to collect a debt. I heard if that is on there its not a real law office its a real debt collector and I do not have to deal with them. Anyone have any idea to what a Pretrail conference is??
Carol the collection agency has been asking for payment since last September but Capital One has had no contact only left a "charge off" status on my credit report.
Thanks for all the help please any advice would greatly be appreciated. Thanks Guys, Karen
fireyone



Joined: 26 Feb 2008
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Posts: 4246



96 Magic Points

 
Posted on Wed Jul 08, 2009 1:24 pm  

Karen, You really need to get a complaint into the FTC (federal trade commission) and also try calling your atty general. I had problems with Capitol One in the past doing this exact same thing. I did get them paid off but that was years and years ago. I see they are still up to their same tactics. Soon they will be passing a bill to stop this but unfortunatley it will not be in time to help you. I am just glad to see something will be done soon.
Take all your documents that you have with you to court so you can show the judge your effort to resolve this with capitol one. Hopefully the judge will recognize this unfair tactic and see your efforts. Keep us updated and be sure to make those phone calls asap.
T.j
Guest






Subject: CAPITOL ONE
 
Posted on Fri Oct 23, 2009 5:07 am  

THEY PASTED MY CREDIT REPORT TOO!
LOUSY!!
MD
Guest






Subject: Judgement
 
Posted on Tue Feb 09, 2010 8:55 pm  

I have a judgement on one of my credit card. It was with MBNA and they sold it to Calvary Portfolio Services LLC, Calvary put a judgment in my account. I did not receivd a notice on this I relocated to another state for the pass two years. They put a Levy on my savings and checking account and took all my money. Does anyone have any suggestions? Please help.
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Thu Feb 11, 2010 7:22 am  

Hi MD,

I believe you and scoremt are the same person. Therefore you can check the answer from
http://www.creditmagic.org/collection/judgment-garnish.html

Feel free to ask questions regarding your credit problems.
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Arlene Spencer
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Subject: Judgement pending, capital one
 
Posted on Thu Jun 24, 2010 3:09 am  

I was in arrears with Capital one and had a pending judgement served on me. I was in the process with a loan modification and signed documents to stop the judgement process. I owe capitial one 21,000.00 paid 7,000 against my debt and left a bal of 14,000, they now say i owe 17,496.12 if I wish to pay off bal. in full...they told me to contact a lawyer or accountant for assistance and will not give me a monthly statement. please help
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Thu Jun 24, 2010 11:17 am  

Hi Arlene,

Can I know if you have the payment proofs? What details do you want from them?

Thanks,

Aaron
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Delamoragl
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Subject: Capital one served me
 
Posted on Tue Jul 20, 2010 10:07 am  

About a year and ahalf ago capital one served me, my mom signed for the packaged. But I had already moved from the state of California. I was living in Washington state for atleast 3-4 months. The package was from a lawyers office. They said I had a balance of $800. I paid $500 then I lost my job so I stopped paying. So now it's been a little over a year, I have a job. Called the lawyers office and they said they went to court and now I owe over$1,000. Capital one and this lawyers office are both on my credit. I asked if I would do payment if they would take off what they had put on my credit. The lawyers office said that I need to call capital one and talk to them. But no one ever talks to me when I call capital one. My credit report says that capital one sold my acct to collections. But the lawyers say they are lawyers for capital one???? Plsss help! They said that if I dnt do a payment plan they will garnish my Check! Pls help
Mina Jones
Guest






Subject: Capital One
 
Posted on Sun Jul 25, 2010 12:45 pm  

I am authorized user on my daughters Capital One card, they have a judgement against her for 1300.00. Can I write a letter to Capital One to have them remove my name from the card?
Aaron

Aaron

Joined: 08 Feb 2010
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Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Tue Jul 27, 2010 12:40 pm  

Hi Mina,

Yes, you can send letter to Capital one to remove your name from the account as an authorized user.

Thanks,

Aaron
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JPerry



Joined: 24 Jul 2010
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Posts: 28



597 Magic Points

Subject: judgment
 
Posted on Tue Jul 27, 2010 11:46 pm  

If I had a negative collection removed from my report can a collection agency still sue even though I disputed it and got it removed?
Aaron

Aaron

Joined: 08 Feb 2010
Aaron's page
Posts: 2632



48565 Magic Points

Subject: reply
 
Posted on Wed Jul 28, 2010 9:03 am  

Hi,

No, the collection agency won't be bale to sue you until they can prove that you legally owe the debt to them.

Thanks,

Aaron
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