- Report: #230002
Complaint Review: Capital One - Richmond Virginia
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Author Confirmed
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Capital One
PO Box 85015 Richmond, 23285 Virginia, U.S.A.
Phone:
800-903-3637
Web:
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Capital One They are charging us with bills we know nothing about, even had us served. Ripoff Richmond Virginia
Capital One has charged two people in our household with bills we know nothing about. They hired lawyers to harass us, and we've even been served by Superior Court to answer to the charges. Upon contacting one attorney (the other is - so far - somewhat decent), I was advised to pay up the $20,000 within 30 days or hire a lawyer to try and settle for a lesser amount. It doesn't help to complain to the Credit Bureau because all they do is ask Capital One if it is legitimate....Of course, they reply "YES." No one has been able to justify these charges to me, only insist they are owed....Can someone help?
Raymond
forsyth, Georgia
U.S.A.
Raymond
forsyth, Georgia
U.S.A.
1 Updates & Rebuttals
Steve [Not A Lawyer]
Bradenton,Florida,
U.S.A.
Raymond, this is VERY easy to beat.
#2Consumer Suggestion
Fri, January 12, 2007
Raymond, This WAS very easy to beat BEFORE they filed suit, had it been done properly. What COMPETENT attorney would advise you to pay a bill that does not belong to you? that "attorney" is obviously a moron. Check with the court clerk and make sure the lawsuit has actually been filed. IF it has, the next step is to respond to it in writing pursuant to your local rules of civil procedure, which should be on the summons. {Your initial response, can be the Denial/Debt validation request below]. Send this response to the court and to the attorney for the plaintiff. Be sure to DENY the debt as not yours, and clearly state your name and case# as it appears on the summons. Clearly state that you believe the lawsuit is frivolous and should be dismissed with prejudice. The second step is to file a DISCOVERY motion. This is where they must provide everything they intend to use against you to support their claim. STAY OFF the phone!! NEVER speak to any debt collector or opposing lawyer on the phone. Always do it in writing and by certified mail, return reciept requested. be sure to always put the certified# on the letter itself, and keep a copy for your records. This is very important. As far as the credit bureaus go, the only reason the item was not removed is because you did not make them accountable. Send another dispute by the means above. Clearly dispute the debt, AND exercise your rights under the FCRA to get copies of all communications used in the dispute/verification process. They MUST do this as it is your right under FEDERAL law, but you MUST ask for it. You can still do a DEBT VALIDATION request, sent by the means above to the collection agency where you clearly deny the debt, and DEMAND to see the original signed contract that created it as well as a full account history and itemization of charges. They hate getting these requests, and usually do not respond, but if they don't provide the info, they CANNOT beat you in court. You should also countersue them immediately for your losses in dealing with this frivolous collections attempt and lawsuit. Be sure any lawyer you consult has collections/FDCPA experience, otherwise you are wasting your time and money. Contact the NACA through the link on budhibbs.com to get a referral of a lawyer who specializes in these matters.
