In the spring of '02, I purchased a sharp new truck. My income averaged $2300 a month, often close to $3,000, never lower than $1,900; I had full and complete confidence in my ability to make the payment, which was under $400. I had been at my job three years, during which time I had received one promotion and three raises, the last one being $1.10 hr. Also, being into bodybuilding and mountainbiking, I was healthy. I could bench press over 300 and could ride a bicycle 30 miles without stopping. I thought I had it made.
Near the end of the year, I found out I had scoliosis. Severe scoliosis, excruciating pain, enough pain to send my blood pressure out of site. I missed work, and was less effective at work when I was there. I kept up the payment ontime for five months after being diagnosed. I was late in June '03, and Cap One called. Then, they were understanding, telling me that, as I had never been late before and the onset of severe scoliosis was unpredictable and unstoppable, they would work with me. For a fee, I believe around $35, I was allowed to change my due date, which let me skip a month. I was grateful.
My health worsened! Considerably! I could barely walk—getting a handicapped placcard was easy when atment of Motor Vehicles saw how I moved. Medical expenses mounted: an MD for high blood pressure; a spine specialist for scoliosis, a visit to a neuroligist to see if I had any nerve damage for scoliosis; a chiropractor; a psychiatrist for stress. I got behind. Other creditors worked with me; Capital One fussed at me and demanded money.
In January of '04, I became unable to perform my duties at work; I lost my job.
Of course, I did get the maximum unemployment compensation the state of Tennessee allows, which is only $275 per week!
In bad shape, I was only able to take temporary employment, which meant I would get behind, get caught up, get behind, get caught up...
Capital One would call me up to three times a day. I have seen rebuttals in which someone would say that the debtor should answer the phone. I DID answer and talk to Capital One, each and every time. I made arrangements, and they still called me three times a day— harassment by anyone's definition.
My employment ran out in late July. For one month, I had no income at all— except for foodstamps. I was hired for a customer service position in early September. However, the position didn't start till the end of September.
Two months without income, then. Had it not been for my girlfriend and friends and family, I would not have made it. During this time, I did pay Capital One. True, it was not the full amount, but I did make payments.
Three days before I was to start the job, Cap One called demanding that I get caught up within the next five days, or they would repo the truck. I was only a month ans several late fees behind, and had been further behind before, and Capital One had not threatened to repo the truck. As I said, this was in September.in August, I had gotten to where I owed less on the truck than it was worth. Hmmm! Coincedence?
Once again, Cap One called three times a day, and I answered each time. One time my girlfriend answered. The Cap One rep told her that he was "the one trying to help me, " not her!
On the next call, I told a woman that I had finally gotten a full-time job that I could do, and that I would be caught up in a month, as the job I was starting had optional overtime. She told me that if I didn't have the money by Tuesday, I "should remove" my "belongings from the vehicle." She was exremely pompous and egotistical.
Monday, I did what I had to do— I started the process of filing chapter 13.
My vehicle had developed a rattle, and I was less than 200 miles from the end of the bumper to bumper warranty, so I took it to the dealer, hoping they didn't know it was about to be repo'd. If they knew that fact, they didn't mention it. Whew! Close! (Incidentally, all the rattle turned out to be was a loose muffler bracket!)
The next day, Tuesday, I was at my attorney's office when Cap One called. The woman immediately said: "Do you have the money ready to send by Moneygram?"
"No, I'm filing bankruptcy!"
"You're what?"
"I'm filing bankruptcy."
"Unless you can give us a case number and your attorney's phone number, you will lose the truck."
"What's the creditor number here and when will I have a case number?"
I heard the bitch on the other end gasp.
I handed the phone to the attorney, who gave her the phone number.
I feel that I was forced by Capital One into bankruptcy, as they would not give me the month I needed to get caught up.
Oh... Well... My interest was knocked down next to nothing, and it was, in many ways, ol' Cap One's fault. They lost money due to their own fault!
Anyway, my scoliosis is improving due to a medicine and exercise change, I have moved in with my girlfriend, and I am once again making good money. Yes, by the end of October, I DID have enough money to make both the late and current payments to Cap One. But, due to the lowered bankruptcy payment, I didn't have to— most of it was used to pay off medical bills.
I have noticed that some rebuttals to debtors on here say that debtors do not know the meaning of harassment. This one does. What was the job I had lost because I had become unable to perform it? Third party collector. And when I was a collector I wasn't a jerk and I still made good money!
Larry
Oakland—Memphis suburb, Tennessee
U.S.A.
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