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  • Report: #514597

Complaint Review: Capital Financial Service - Capital Financial Group - Capital One Financial

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  • Submitted: Sun, October 25, 2009
  • Updated: Sun, October 25, 2009

  • Reported By: Chris — San Diego California USA
Capital Financial Service - Capital Financial Group - Capital One Financial
Nationwide United States of America

Capital Financial Service - Capital Financial Group - Capital One Financial harrassment Nationwide

*Consumer Comment: Who is calling you?

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     I have had a credit card with Capital One for over a year now. I recently lost my job, and as a result, have fell behind on my finances. I am currently about 40% over the limit of my Capital One credit card, and have been making payments that do not satisfy the minimum payment. I understand them calling me to get their money, to a certain extent.


    They call me an average of about 15 times a day, which is absolutely ridiculous. If it were at decent hours, I would let it go, however they call at times that are highly inappropriate. Yesterday, for example, their first call was at 5:17am. They then proceeded to call me at 5:32, 5:47, 6:11, 6:45, 7:29, 9:06, and so on. I know for a fact that the FTC limits calls from debt collectors from 8am-9pm. They are CLEARLY and BLATANTLY doing the law. I have not attempted to speak them about this, because I plan on getting everything in order, and I'm not sure whether I should threaten to file a lawsuit, or actually file a lawsuit against them. I have considered calling them, and hopefully bargaining with them to lower the amount of debt on my card before having to pay a lawyer, but I'm not sure of my options. I don't want to 'let the cat out of the bag' and tell them I'm considering filing a lawsuit.

This report was posted on Ripoff Report on 10/25/2009 09:19 AM and is a permanent record located here: http://www.ripoffreport.com/r/Capital-Financial-Service-Capital-Financial-Group-Capital-One-Financial/nationwide/Capital-Financial-Service-Capital-Financial-Group-Capital-One-Financial-harrassment-514597. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Who is calling you?

AUTHOR: Robert - (U.S.A.)

If you are being called by Capital One they are NOT breaking any laws.  The law you are referring to is the Fair Debt Collection Practices Act(FDCPA).  However, this applies ONLY to third party collection agencies and not original creditors.  The next question is are you actually talking to them or just not picking up?  Because if you are not picking up, then you are not talking to them.  So they will continue to try and contact you until you do.  By the way if you tell them you are going to sue them for these violations they will tell you the same thing.  If you do actually file they will "counter" by filing a suit against you for the debt.  As a reference Capital One is a company that tends to be very aggressive in filing suits.  Since they can also use the Small Claims process there is no minimum amount your debt has to be.  That suit will include the full amount plus court and attorney fees, which can easily add several hundred dollars.  Since it appears to be a fairly new debt with recent "payment" history you have a very good chance of losing. 

Now there is a bit of a caveat in your case, as it appears you are in CA.  So you have an extra protection known as the "Rosenthal Fair Debt Collection Practices Act".  Which basically extends out the same rights of the FDCPA for Original Creditors.  However, you still have to notify them that you do not want them to contact you.

As to what you are paying.  If you are not paying the minimum they require then honestly you might as well not pay anything(IMO).  Because you are probably not even covering the interest and late fees, and since you are not paying as agreed they can still turn you over to collections and report you as late on your credit reports.  You can then save that money and hopefully get them to accept a bulk payment before they charge-off the account.

Now, I will tell you that Credit Card companies are not as evil as you may think, and the reality is they did not force you to use your card.  If you are having trouble they may work with you.  It's not guaranteed by any means.  However, if you don't talk to them at all what are they supposed to think?

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