- Report: #671463
Complaint Review: Capital One Bank - Internet
Reported By:
Jose -
san ramon, California, United States of America
Submitted:
Updated:
-
Author Not Confirmed
Why?
Capital One Bank
5030 cammino de la siesta 340 92108 Internet, United States of America
Phone:
8007854001
Web:
www.capitalone.com
Categories:
Business Rating:
(0)
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Capital One Bank Legal Recovery Law Offices Blackmailing, Blood sucking crooks that use the legal system to take money that is not owed, Internet
Back in early 2000 I received an offer from capital one for a credit card so I got a credit limit of 300$. After about 6 months of paying on time the limit was raised to a 1000$ without notice. About one year later I fell into hardship and could not pay it off so I made minimum payments. In mid 2000 I tried to rent a home for my family and my credit check came back saying that I owed capital one 1500$ and needed to pay the minimum payment or I could not rent the home.
So I called Capital One and asked them if I only had a 1000$ limit why do I owe you 1500$? I was told it was all fees and my minimum payment is 460$ so I made an online payment of 465$ of barrowed money so I could rent the home. A few months pass of me making minimum payments and I get a statement saying I owed 1600$. So I call capital one again and ask why do I owe 1600$ if I make my minimum payments and I just made a 465$ payment they told me my payments were always late because they never made the cut off time of 4:00p.m .and if the balance was not paid in full the fees would keep rising even if I paid my minimum payments.
So in anger I stopped paying all together. Well a few years went by and I get a collection letter stating I owed Capital One 3900$ and would settle this for 2900$. So I call the collection agency and tried to explain that I only had a 1000$ credit limit, well they wouldnt hear anything I had to say. So I try to offer them 150$ a month payment plan, I was told NO I had to pay in full, I did not have that kind of money so I told them I could not do that then never heard from them again. A year goes by without word then out of the blue I was served with court papers stating I was being sued by Capital One.
So I contact the attorneys office who is handling the case and was told, and I quote "if I did not agree and sign the documents that they were going to take my car and 40% of my wages will be garnished from your employer. I tried to explain to them as well that I did not owe the amount that Capital One is saying I owed them. Their reply was if I had any documentation to prove that I owed then any less than what was asked for, witch I did not have so I pled to them that I had a family to feed so in fear I did what was asked and am now paying 150$ a month for X amount of years which is so far totaling over 7000$.
Well recently cleaning out old paper work I find the collection document stating that I only owed Capital One 2900$. Witch is still a lot higher than what I believe I owed them but a lot more reasonable then what they are getting out of me. So I call the attorneys office and tell them I only owed this amount and now have proof and they tell me its to late you should not have signed the Documents now you owe this amount HA,HA, SORRY. I and everyone that will hear me can not believe how Capital One is getting away with doing this to me and Thousands of others????
3 Updates & Rebuttals
Steph
USAthey cannot take your car and touchn your wages
#2Consumer Comment
Tue, December 14, 2010
They cannot take your car unless its being fianced by capitol 1 . If you paid cash and they take it then its GTA. Refuse to sign the document talk to a lawyer before you sign anything imform them you are not going to sign this until you talk to your lawyer 1st.
Steph
USAcapitol 1 is a total rip off
#3Consumer Comment
Tue, December 14, 2010
Capitol 1 is a total rip off you should of turned them down for that credit card offer.
Stay off the phone never talk to a collection agency and never give them bank account #s they cannot be trusted.
Steve
Bradenton,Florida,
U.S.A.
Getting some basic banking education would have helped you
#4Consumer Suggestion
Tue, December 14, 2010
First, here in the UNITED STATES OF AMERICA, the "$" goes in FRONT of the dollar amount. For example, $1000.00, NOT 1000$.
Second, your "credit limit" ONLY reflects the maximum amount that YOU can "charge" to the account. It DOES NOT mean that your TOTAL account balance cannot go over your credit limit.
Third, the collections efforts and subsequent illegal collections tactics and threats were made by a "third party" collection agency, and NOT by Capital One.
Your first mistake was speaking to a third party debt collector on the phone. STAY OFF THE PHONE!! Do everything in writing.
Allowable garnishment rules vary from state to state, but I have NEVER seen any state that would allow 40% on a civil debt garnishment, nor have I seen a state that would allow anyone to take your car for payment of a civil debt.
You should have called this collector out on his illegal statements.
And, it is ILLEGAL for any debt collector or collection attorney to add ANY "collection fees" to a collection account. ONLY a court can award costs damages.
You screwed yourself by talking to a collector on the phone, and by not taking just a short amount of time and educating yourself on your rights. NEVER sign any agreement until you fully understand your rights. That's just plain stupid.
remember, you were NOT dealing with Capital One when you signed that agreement, you were dealing with a "bottomfeeder" third party debt collector and/or lowlife collection attorney.
File an FTC complaint for the FDCPA violations, and file a Bar Association complaint for the unethical and/or illegal conduct.
