I had tried to make payments to Capitol One but everytime I made a payment it went solely to over the limit and late charges. My original line of credit was 500.00 it is now at 2100.00.
In April I received numerous calls a day (at least 5-6) from NCO Financial regarding my delinquent account with Capitol One. I got so frustrated because it was affecting my ability to do my job that I started researching my rights and found the Consumer Protection Act.
I called NCO Financial the first week of May and tried to work payments out with them. I spoke with a Tamara Bradford who is the credit manager for NCO Financial. She demanded that I do a check by phone for 500.00 and that she would grant me a hardship break if I made 3-500.00 payments. When I told her she couldn't demand payments over the phone and that I knew under the FCRA act that as long as I paid at least 2% of the balance they had to accept my payments. At this point she then told me that she was an attorney and that she didn't care about the FCRA or the law just that I owed the money. I then asked her if NCO Financial and NCO Group were the same company and she told me NO.
I called Tamara Bradford back the next day which I believe was May 8th. I told her that I knew NCO Financial and NCO Group were one and the same company and that they had pulled my credit report without my permission. At this point she denied doing that and tried to explain what she meant when she said she didn't care about the FCRA and the law. She still would not work with me and told me she was just going to turn me over to their legal department. I mentioned that I had gone to the Bar Association in Washington and that I could not find any Tamara Bradford listed as an attorney. She hung up.
On May 9th I mailed a payment to Capitol One and a copy of a Cease and Desist letter to NCO that I had mailed to NCO.
The end of May I received a letter from Stillman Law Offices here in Michigan. So I sent a Cease and Desist letter to them which was received on June 3. On June 10 a gentlemen from Stillman Law Offices called me saying that he strongly suggested that I return their call by the next 8:30 the next night.
On June 17th I received a call on my answering machine which I still have from a Tina Smith from the Executive Offices of Capitol One stating that she was in receipt of my letter and that they agreed to my payment arrangements.
On July 27 Stillman Law Offices called my home again, no message this time. Just on my caller ID.
Then on October 9th my Human Resource Manager called me in her office to tell me some guy had told the operator that he was verifying employment because he had papers to serve me. Then when the Process Server came in He told the operator and a Cost Accountant that "I hadn't done anything bad, Well not criminal anyway"!
The complaint and Summons has a paper attached that shows the account was turned over to Stillman Law Offices on May 13 and shows none of the payments that I have made by money order.
On Novemeber 20 Paula from their office called my home and left a message telling me call them regarding my case. Today I received a letter from the stating that I have not responded to the Complaint and Summons, which I sent to the Courthouse with return receipt.
I know that Capitol Received payments because I sent the first two by return receipt. I didn't feel I had to go the extra expense of return receipt because they were obviously making it there. But there is no acknowledgment on the court papers showing that I paid anything.
I have a phone pretrial conference on December 12. I know that I am not alone in this because I went to a website Capitol One Lawsuits and then to Rip Off - Report.com today and all the stories on there relate or deal with the same circumstances. I need help and so do many others.
I would appreciate any help you can give me. I filed a complaint with the Michigan Attorney General Office today and also with Office of Thrift Supervisor in Virginia. I feel Capitol One needs to be stopped from these abusive collection practices and that is why I am contacting you.
This is a copy of a letter that I sent to www.naca.net October 22. Keep sending them complaints this is not right. Maybe if more people send to these offices someone will pay attention to the FCRA and Capitol One.
Coleene
Grand Rapids, Michigan
U.S.A.
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