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Capital One Credit Card Keeps Suing Me Taking me to court for second time after judge had already dismissed first suit Salt Lake City Utah
About four years ago, I got a phone call from Capital One asking me to pay my credit card. I asked them what card as we hadn't had any cards for a few years. They were unable to give me an account number, and when I asked them to please send me a bill with the charges and amount due to my address, I never heard from them again.
In 2007, the sheriff comes to our new house in a a new city with a law suit from Capital One against me. I was very amused about this considering I hadn't spoken to them in years, and we had only lived at the new address for six months. We hadn't had any mail or calls from them since the one and only call in 2004.
Since I felt I did not owe them anything, nor would they bother sending me any information on my "debt," and since I'm not paying just anyone that calls me claiming to be a creditor without written information, I decided to go to court and argue my case. I drove an hour to the county seat (we live in a rural area now), and after waiting for two hours, the judge started rattling off names of cases that could be quickly dispatched. Among the many Capital One cases, which were all dismissed, was mine and that was also dismissed. In fact, I was the only defendant there AND the lawyer representing Capital One didn't bother showing up either. I thought I was done with them.
Two weeks or so ago, the sheriff pulls up again with another suit for the same account. This time when I go to court, I will have to make sure the judge dismisses the case with prejudice so they cannot sue me a third time for the same thing. Another couple of hours of travel, wasted time and wasted gas, as well as paying for child care.
If they were serious about this debt, I would think they'd at least send me a statement, or perhaps send an underling from the law firm they pay to sue people, but I've gotten neither. I know they're hoping I won't fight it so I'll pay them money, but I don't owe them anything so I will fight it.
They are wasting my time, the court's time, as well as their money to pay for a lawyer to file these time-wasting law suits for a debt they can't even bother to prove I owe. Is there a way to stop them from filing frivolous suits and wasting money? I'm not happy about a case being dismissed once then refiled. It was also after the statute of limitation, but I won't even get into that.
Scarfyrre
Richmond Hill, Georgia
U.S.A.
2 Updates & Rebuttals
Recce1
Omaha,Nebraska,
U.S.A.
They are the Viking pirates
#3UPDATE EX-employee responds
Mon, May 19, 2008
As an ex-employee of a telemarketing company contracted by Capital One to provide customer service I'm well aware of its mistreatment of its customers. The treatment wasn't intended to be unfair or dishonest, but is a result of their convoluted card management setup which is meant to provide flexibility for the company in a volatile market. What it creates is confusion, headaches, and gross errors that could easily be fixed if customer service representatives were given the time, access to tools, and authority to do so.
Furthermore, the so-called customer service at my center was really meant to sell ancillary services in order to generate more profits. Customer service in reality was secondary. Our time allotment to solve problems was a three minute average and we had to make a sale of some service such as credit protection or a balance transfer from a different company's card during that time. Unfortunately the tools to solve customer problems were slowly removed from customer service reps (CSR). Also supervisor approval was often required but most supervisors were removed from the floor and put on the phones. It often took five minutes or more to get the attention of a supervisor. Many of us bypassed the supervisors and took it upon ourselves to correct problems.
As a result those functions on our computers were blocked and we needed a call to another office, again only with our supervisors permission. Yet we were denied access to those numbers. I also knew of CSRs who falsified orders for services on the premise that they could be cancelled during the free look time. Fortunately the telemarketing company would fire those caught doing so but the pressure and therefore the temptation was intense. But if the truth be told, much of the problems were made by CSRs making honest mistakes which complicated problems. As they say, garbage in, garbage out.
I believe this was due to poor training. My training as a customer service representative was heavy on selling and light on correcting problems. We were given overall sales goals yet despite have met the overall goal I was fired for not making one of the sub-category goals that produced more profits for Capital One and for having too much talk time (often by a factor of ten) due to really helping irate customers solve problems often on their third or fourth call. At times I used up my allotted time just to get customers to calm down so I could find out what the problem was all about. But such diligent customer service wasn't appreciated by my supervisors or management.
I was fired by being taken off the floor and to an office where I was notified I was terminated. I wasn't even permitted to return to my station to pick up my personal belongings and papers or to say goodbye to friends and was escorted out of the building by a security guard like a criminal caught trespassing. Although a security guard retrieved my main possessions, some were never returned. Nor was I ever given a termination comment form that I was promised.
So when you ask what's in your wallet, check to make sure you still have your wallet. For the lady who was sued, I would think that in most states she would have a course of action to sue Capital One for its error and harassment which was probably due to an unsolicited offer of a credit card that someone else may have gotten hold of and committed identity fraud. She should also file a complaint with her state's Attorney General office and with the BBB; sending copies of her letters to Capital One by certified return receipt mail.
John
Louisville,Kentucky,
U.S.A.
RE:
#3Consumer Comment
Sat, May 17, 2008
NEVER ignore a court summons for a court date...If you are a "no show," the other side will win a default judgment...even if you don't owe the money.