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Christine Baker
Board Administrator
Username: Admin
Post Number: 188
Registered: 08-2002
| | Posted on Tuesday, September 17, 2002 - 04:02 am: | 
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This case is about Capital One ignoring all communications, NOT responding to disputes and requests for accounting, ignoring the FCRA and TILA, as well as business and legal ethics.
6/10/02: Capital One received the first dispute and request for accounting, on 7/11 I faxed an offer to settle their FCRA violations as they ignored the dispute, as usually.
7/18: I sent several faxes, but was unable to get to anybody but the most rude and moronic collectors. I was transferred to their collector Arrow when I had requested the Capital One legal department. Vivian Garcia continued to collect, refused to give me her fax # so I could fax her my power of attorney, freely discussed the account with me without my Holly's authorization, and eventually hung up on me after telling me to sue.
Erin Jones, Capital One collection manager, also discussed the account with me without authorization, but promised she would forward my fax to the legal department after I told her that I was recording her refusals to provide me with a fax number.
Of course the fax was again ignored.
7/22: Holly filed the small claims suit.
LeighAnne Coverstone, Capital One litigation specialist, provided some statements along with the final statement dated June 16, 2000.
This account with a $200 limit secured by a $99 deposit mushroomed into a $650 debt.
Actually ALL charges had been paid, this entire debt is based only on Capital One fees.
In violation of the Truth in Lending Act (TILA), Capital One charges 20.5% interest after the charge-off without providing monthly statements - about double the rate they'd get in most States if they got a judgment.
Ms. Coverstone claimed that she never heard of anyone challenging the after charge-off interest charges. I recently heard of a class action against Capital One in Illinois for this TILA violation.
Ms. Coverstone offered to settle their FCRA and TILA violations for a $200 payment from my client and dismissal of the suit. It sure is strange to see a creditor violate the law and then demand payment from the consumer to settle those violations. She hired attorney Joseph Udall, Mesa, AZ to file an Answer to the small claims complaint.
9/5: Joseph Udall left a VM for Holly, threatening with a countersuit for the $650 + "attorneys fees which will likely to be
significantly more than the $600" unless the law suit was dismissed and $200 were paid by 9/6.
I quickly sent the cash to Holly to pay the debt in full because I obviously didn't want her to have to pay his attorney fees.
9/6: I called Udall and told him that the full amount was already mailed to Ms. Coverstone.
I explained to him that I wanted the account paid in full so that he would have no reason to file a counterclaim. He promised to discuss this with Ms. Coverstone and to get back to me.
On 9/11 Udall mailed to the court the counterclaim for the $650 + attorneys fees KNOWING that payment in full had been mailed to Ms. Coverstone.
Of course I know that there are a lot of scummy lawyers, but this is definitely one of the most despicable legal actions I've seen in a while.
As of 9/16, Capital One failed to report the dispute to the bureaus, verified the disputed debt with the bureaus, and even re-aged the account.
The FCRA applies only to consumers who paid their charge-offs?
From a recent Capital One press release:
"Capital One's subsidiaries collectively had 48.6 million accounts and
$53.2 billion in managed loans outstanding as of June 30, 2002. Capital One,
a Fortune 500 company, is one of the largest providers of MasterCard and Visa
credit cards in the world."
Above the law ....
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Don
Registered User
Username: Don
Post Number: 1
Registered: 01-2004
| | Posted on Tuesday, January 27, 2004 - 04:46 am: |
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July 1999 I had been trying to settle an account with Capital One for the previous 2 months. In July of 99 I was told the account had been written off. I made other attempts only to be told the account had been written off. I heard nothing futher from Capital One except for occasional credit offers for 3 years. In July of 2002 I received a motion for default judgement. I had already hired an attorney account of receiving an intent to file motion form the law firm in Louisville KY Jefferson county ( I do not live in this county ).My attorney went to court and told me that he would try to arrange a settlement. I heard nothing futher untill March 2003 when the sheriff delivered an execution order for $4,121.36 plus accuring interest at 23.9% untill paid. I called my attorney and he said he had no knowledge of it tath they had not responded to his corrospondence. My attorney again pursuded a settlement. September 2003 I receive a letter from my bank and an order for garnishment. They took $1,893.52 from my checking account and left me with ZIP,NADDA, again my attorney knows nothing about but he files a challenge to garnishment because I am disabled, but it being a joint account with my wife the ruling was no way to seperate join funds. Even though my bank statement showed just a few dollars in account prior to my disability check deposit on the 3rd and how convient ther garnishment is on the 5th. But wait the corporate ROMANS are not finished with me yet, 12-18-2003 my wifes wages are garnished. Now I owe $4,898.93. I guess the $1,890.they got from checking didn't count for anything plus I had $400.00 in NSF bank charges, nice hunk out of the next deposit.One hell-of a deal for a man with 2 teenagers in school and his wife of many years. I am 56 years old,when I grauated high school I was # 9 on the draft list if anyone reading this knows what that is.We ALL served with pride for GOD & COUNTRY but that country is gone.Any suggestions would be greatly appreicated while I'm still treadin water. This all started at $1800.00. I do hope that this might be of help to some of you who read this,to see what may be forthcoming and avoid it happening to you. Its not my attorney for I have an old friend where I grew up who is a very good & respected attorney whom I called to see if he knew the attorney I have, he does an recommended highly. |
Christine
Board Administrator
Username: Christine
Post Number: 1799
Registered: 09-2002
| | Posted on Tuesday, January 27, 2004 - 06:55 am: |
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I'm going to start a separate Cap One topic this weekend, real busy till then. Somehow, it looks to me like your lawyer is on the Cap One payroll.
Ever ask yourself why he knows nothing and does nothing but collect for Capital One?
Why do you think your attorney did a good job? |
Don
Registered User
Username: Don
Post Number: 2
Registered: 01-2004
| | Posted on Tuesday, January 27, 2004 - 02:42 pm: |
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I think he's not familiar at all with these type of proceedings. it seems to me that any judge that would allow a corporation to clean out a mans checking account without reguard for the well being of the people involved is the one on the take. |
Christine
Board Administrator
Username: Christine
Post Number: 1800
Registered: 09-2002
| | Posted on Tuesday, January 27, 2004 - 03:23 pm: |
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Not to say that there aren't judges in on the take, but it looks to me like your attorney didn't do his job - looks like Cap One got a default judgment against you because your attorney did nothing. If so, you can't blame that on the judge.
Request the file from your attorney or check at the courthouse to see what happened.
And, if you're not too busy, have a look at my FTC/FCC filing
Hope you didn't vote for your own misery. |
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