Back in 1999 after I had completed my 7-year Bankruptcy plan, Capital One Card services contacted me by mail non-stop with a credit card offer. My divorce and sudden introduction to life as a single mother created many financial headaches for me.
Finally, in order to keep from losing my home, I filed bankruptcy in an effort to pay each creditor the balances owed. It was difficult and the longest seven years of my life, but I did it. Therefore, I was reluctant to create more debt after my 7-year ordeal. However, I kept receiving information each week from Capital One. Finally, I applied for the card and was doing well with payments until I encountered several family emergencies.
My household of two suddenly turned into a household of five. I got behind on my credit card bills and finance company account due to my unexpected financial difficulties. I found it difficult to make consistent monthly payments and knew that I had to seek other alternatives.
Back in January I compiled several past due accounts into a debt consolidation plan. The Capital One account of $3,652 was one of them.
During this same period of time I received a letter from Attorney Gregory Eaton's office informing me that the Capital One account was being transferred to his office. He demanded payment in full. I immediately sent his office a letter informing him of the consolidation and an explanation of my financial circumstances which prevented me from being able to pay the amount in full. I also sent him a copy of my contract with FCC (debt consolidation co.) showing the $103 payments per month and terms of agreement. I also contacted FCC to assure that Capital One had accepted the contract. They assured me that the contract and payment had been accepted by Capital One. For the past five months I have had total monthly payments of $359 deducted from my checking account by FCC and sent to each creditor.
Last week, on August 21, I received a letter from my internal payroll department along with a statement from Atty. Eaton's office informing me that my payroll check was going to be garnished each pay period by 25%, effective August 31. When I called Atty. Eaton's office on Aug. 21 to ask about the statement, Valerie, representative, answered the call and stated that apparently the creditor was not being paid and had asked their office to issue the garnishment.
When I explained that I had been making payments each month and that payments were being submitted to Capital One monthly, Valerie stated that apparently they were not and that it, "would not be the first time."
I immediately contacted FCC and requested a payment history indicating the dates funds were withdrawn from my account and dates submitted to Capital One office. I faxed the info to Atty. Eaton's office and followed up with a call. I was told by Valerie that apparently the creditor wasn't satisfied with the payment. And that I had to stop yelling.
The next morning, August 22, I contacted Capital One and was directed to NCO Financial (Cassandra Dixon at 443-263-3365) who stated that she could stop the garnishment if I was willing to pay half of the $4,000. I explained to her that I had been making monthly payments through debt consolidation and that the amount owed was less than $4,000. She explained that the only way that she could stop the garnishment was that if I made arrangements with her office. After I explained to her that I could not possibly make financial arrangements with her AND participate in the debt consolidation, she stated that there was nothing she could do to assist me.
I explained to Cassandra that I had already made a payment for the month of August and that making another payment would create a major financial hardship for me. She insisted that I make an agreement to pay $200 by August 31 and each month until I paid the $4,000 balance off. I reluctantly agreed and gave her my checking account info.
She then stated that Capital One had a right to add a $1,000 to the balance to cover interest and penalty and just because I had a debt consolidation, that did not prevent Capital One from garnishing my wages if they wanted to. She then stated that she would contact Atty. Eaton's office and ask them to stop the garnishment.
On August 22, I contacted FCC and asked them to remove Capital One from the consolidation plan and that I was going to make arrangements with NCO to pay the balance.
On August 23, I contacted Atty. Eaton's office (Valerie) to ask if they'd received the information from NCO (Cassandra). They had not. I made calls to both NCO and to Atty. Eaton's office again on August 24 and 25. Cassandra stated that she was faxing the information to Valerie that day which was Saturday.
When I called Valerie later on August 25, there was no answer. After several sleepless nights and a great deal of stress, I called Valerie on Tuesday, August 28, again to see if she had received the information. She stated that she had not. I informed her then that I needed the garnishment stopped because I had already made a payment of $103 for August and that NCO had scheduled another bank debit of $200 from my account on August 31.
I explained that the 25% garnishment on August 31 would create serious financial problems for me. Valerie informed me that she hadn't received a fax and that as soon as she received it, she would send it to my payroll department. She then stated that the info was probably faxed to the customer service area and that she would check and see. Again, I called NCO to verify submittal of the information and was told that the fax had gone out.
On August 29, I contacted Valerie again and left her a voicemail asking if the statement had been sent and was told by return voicemail that she had sent it on August 28. However, she did not specify how it was sent.
On August 30, I found that the 25% garnishment had been processed on my wages.in talking with my payroll department on August 31, I was told that they not received any information from Atty. Eaton's office canceling the garnishment and that until they receive a formal release notification from his office, they had to comply. Currently, I don't know where to turn for help.
Months ago, when I realized that I could not catch up on my bills, I opted voluntarily for the consolidation. However, I believe that I have been treated unfairly and unjustly by Capital One, NCO and Attorney Eaton. The additional expense as well as the unnecessary stress, humiliation, and financial hardship are totally a violation of my rights. I cannot sleep and my blood pressure (normally controlled by medication) has been bouncing up and down for the past week.
I don't understand why I am subjected to this manner of debt collection and extortion from Capital One and their representatives. During the entire time period that I worked to get this resolved, I was treated disrespectfully by both NCO and Atty. Eaton's office. I know that they were representing Capital One, but don't I have rights as well? Do they have the right to take my paycheck and add additional amounts to the balance and force me to pay it?
I don't know whether your office can help. I am not even sure if your office cares, but if you can steer me in the direction of someone who can assist me, I'd really appreciate it. This is predatory lending and extortion. If it's happening to me, then it's happening to others. Their actions and mandatory tactics are abusive and unfair.
I need your help. If 25% of my wages are garnished each pay period for even a month, I will lose my home and will be forced into an even greater financial situation.
Lendary7
Monroe, Louisiana
U.S.A.
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