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  • Report: #555477

Complaint Review: Alliance One - Capital One

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  • Submitted: Sat, January 16, 2010
  • Updated: Sun, October 17, 2010

  • Reported By: Brittany — Fayetteville Tennessee United States of America
Alliance One - Capital One
1160 Centre Pointe Dr Suite 1 Mendota Heights, Minnesota United States of America

Alliance One - Capital One Harrassing phone calls, refusal to release information, reporting incorrect information Mendota Heights, Minnesota

*Consumer Comment: Alliance One Harassing?

*Consumer Comment: Response to Reyna re Coxygirl post, NOt "high and mighty", Just RIGHT!

*Consumer Comment: Want To Have Your Say? The More People SAYING The Better....

*Consumer Comment: I least I don't sound all high and mighty

*Consumer Suggestion: I suggest Reyna learns the difference between credit reporting SOL and debt collections SOL!

*Consumer Comment: Statue of limitations

*Consumer Suggestion: IGNORE the UNEDUCATED "ex-collector" response!

*Consumer Comment: Used to work with Alliance Once

*Consumer Comment: I had thesame problem with them

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I fell behind with Capital One last year, when I was temporarily unemployed. I made attempts to work with anyone and everyone we owed money to during that time, and Capital One alone refused to work out any kind of arrangement...so they went unpaid.

By November I was working again, and began trying to make amends. At this point I had already begun receiving calls from the Alliance One number, but was told each time that I was speaking to a Capital One representative. It wasn't until October, I think, that they began to correctly identify themselves as Alliance One. I don't know what prompted the change. I tried to be polite, but language barriers (I speak very Southern English, and all of the reps I spoke to were Indian, so we had trouble understanding each other) and the reps complete refusal to accept anything but a full payment of the $900 I owed kept me from accomplishing anything.

I was able to make a $400 payment at the end of November (Capital One counted it toward my December bill). Thanks to late fees and overage charges, this brought my account balance, according to Capital One, down to $750, and satisfied their "minimum payment" requirements.

I wasn't able to make more than the minimum this month (about $30), which apparently only covered the overage fee I was charged, because my balance is still showing as $750, though my payment was received, noted, and credited to my account.

While I'm clearly still in a mess with Capital One (which is, admittedly, of my own making, and which I take full responsibility for), I am satisfying their payment requirements. You'd THINK that would stop the collection calls, right? Except, of course, that it hasn't.

Despite the fact that A1 has never communicated with me in writing (just calls, first claiming to be Capital One, now correctly identifying themselves as Alliance One, but both from the same number) and have not called my cell phone number since November, they continually call my husband on his cell. They won't talk to him about the account, because his name's not on it, but they refuse to stop calling him.

I answered for him today, and tried to be as polite as I could. I started by telling her that my number hadn't changed, and that they needed to stop calling my husband. She said "we can call whoever we want as long as we want, until you pay us." I told her that no, in fact, she couldn't, and repeated that she was to stop calling my husband. She didn't reply.

I then informed her (as I had the dozens of times they called me under their own name last fall) that I was making all transaction directly through Capital One, and would not make payments to them. I told her not to call again (at which point she repeated that she could call whenever she wanted). I asked for my account number (As I've received no written communication, I have no idea what it is) and she refused, stating that she didn't have to give me anything. I repeated my request and also asked for the company's mailing address, but she ignored me, asking 'When will you bring your account current? You can't work with Capital One until they tell us you can! When will you pay?"

At that point I was too frustrated to think straight, so I told her they'd be receiving a cease communications letter via certified mail, and reminded her not to call again before hanging up.

So, questions: what exactly is Alliance One's relationship to Capital One? I googled the company's address, but how do I go about sending the cease communications letter when I don't know my account number? I know that I have the right to deal with the original creditor (they certainly haven't complained about receiving my money) but how do I get that across to A1 when they seem to be going out of their way to deal with everyone BUT me? I desperately want this to stop, but don't know what my next step should be. Any advice you can give would be really appreciated. One thing's for sure...I know what will NEVER be in my wallet again!

This report was posted on Ripoff Report on 01/16/2010 10:03 AM and is a permanent record located here: http://www.ripoffreport.com/r/Alliance-One-Capital-One/Mendota-Heights-Minnesota-55120/Alliance-One-Capital-One-Harrassing-phone-calls-refusal-to-release-information-report-555477. 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

Alliance One Harassing?

AUTHOR: Sasslass212 - ()

You have protection from this kind of abuse under the Fair Debt and Collections Practice Act (FDCPA). If they refuse to resolve your issue within the boundries of the law, let the law resolve it for you.

There are many advocates and attornies out there who specialize is helping consumers cease abusive, fraudulant, deceptive or illegal communications and harassment.

For example, a quick Google search brought  this website up for me. 

http://www.fdcpaction.com/alliance-one-collections?gclid=CI-v15Sw5r4CFYVhfgodZHUAPw 

 

I am not an agent of this organization, nor even a consumer and am not endorsing them in any way. Simply demonstrating that there is help out there just a Google search away.

 

Good luck!

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#2 Consumer Comment

Response to Reyna re Coxygirl post, NOt "high and mighty", Just RIGHT!

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

Reyna,

 

Since when is just being RIGHT considered to be "high and mighty"?

 

I simply corrected you on several levels regarding your post since you were giving "advice" that was seriously flawed and could potentially hurt someone if they followed it.

 

If you are going to give advice, just be sure to check your facts FIRST, and pay attention to how you word things. Proper wording is essential, especially if the case goes to court. They will use EVERYTHING you ever communicated to them against you in court. Improper wording WILL cause you to lose in court. Guaranteed.

 

For example: There is NO SUCH THING in the FDCPA called a "cease and desist order".

Using this wording in a "legal" demand letter will cause you to lose any attempt to file suit for damages because the law doesnt allow for "cease and desist".

The EXACT verbage from FEDERAL LAW [FDCPA] is "CEASE COMMUNICATIONS REQUEST".

 

Also, you will not "recieve papers in the mail" summoning you to court.

ALL "legal process" must be served via process server, IN PERSON.

 

Then you talk about "any payment except in full" will go to late fees, interest, commission, etc. and you could end up with this debt forever".

 

TOTALLY FALSE statements of fact. It is ILLEGAL for any collection agency to add ANY FEES to the amount charged to the debtor. Cant do it. The ONLY thing that can be charged are pre charge off items including the default interest rate as allowed in the contract, and late fees. That's it. Then you have post charge off interest ONLY after being reduced to the level federal law allows, all late fees and other fees must cease at this time.

 

Furthermore, the debt cannot go on forever as you stated. Each state has a Statute of Limitations for legal enforcement of a debt contract. For example here in Florida a defaulted credit card commonly referred to as an "open account" can only be enforced in collections by the courts for 5 years past the first major delinquency, UNLESS a payment or payment arrangement has been made that would restart the SOL clock.

 

And, regardless of the SOL on the collections enforcement, the credit reporting of the defaulted debt can only be reported for 7 years past the FIRST major default, regardless of how many times it is sold or assigned for collections.

 

A collection agency CANNOT "trash your credit" as you claimed. Not LEGALLY anyway.

The collection agancy can only report 1 entry on your credit report being the collection account. That's it. This entry will NOT hurt the debtors credit score any more than the initial default on the account.

 

Finally, ANYONE who would tell people to make a BBB report is a MORON. The BBB has ABSOLUTELY no power at all to do anything. The BBB is an OBSOLETE and corrupt organization that serves NO PURPOSE to the consumer whatsoever. The BBB is a FOR PROFIT company, NOT any form of government agency. ROR is FAR MORE effective than the BBB in reporting bad business practices.

 

And, the Attorney General DOES NOT represent individuals in these matters. The AG is in place ONLY to represent and advise government agencies, and the people as a whole such as a class action against a debt collector in the name of the people of the state, etc. They WILL NOT represent you individually.

 

The ONLY way to get enforcement of your rights under the FDCPA and/or FCRA is in a court of law, where you must bring the action yourself, at your expense. Nobody will do it for you. You are on your own.

 

That is the way it is in the real world.

 

 

>>>>>>>>>

I am a Certified Credit Counselor and for four years it was my job to contact creditors to set up payment plans for my clients who had fallen behind in their payments. Capital One was the worst. If Capital One could not get the job done, they sold their accounts to Alliance One. Collection calls can last from 8 am until 9 pm, in Minnesota, they can threaten your lifestyle, harass the client, lie about the consequences if the bill is not paid etc. These reps from collection agencies will stop at nothing to obtain their commission when they get you to pay. If you give them your account number, they can clean out your whole bank account and good luck getting that back.
Filing a cease and desist order will stop the calls but that you have no idea what these collection agencies are going to do to you and your account with out your knowledge. You may receive papers in the mail summoning you to court for this debt or you may receive a judgment that you didn't see coming.
The reps at Alliance One are ruthless and will stop at nothing to obtain a payment even if it means lying, being supportive and manipulative.
Any payment, except in full, will go to their late fees, interest, commission etc. and you could end up with this debt forever. All the while, your credit report is trashed. If you are able to avoid collections and do not offer a payment or even talk to them, after seven years, the statue of limitations will have run out and they cannot collect on this debt. And as far as Alliance One calling your husband who is not on the bill, that is called a go see. They cannot try and obtain information from anyone, except from you. It is a violation. They can call you neighbors to see if you still work there but that is about it. Any private information that they try and obtain is against the Fair Credit Reporting Act. Contant your Attorney General and the Better Business Bureau immediately.

>>>>>>>>>>>>>>>>
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#3 Consumer Comment

Want To Have Your Say? The More People SAYING The Better....

AUTHOR: Bman - (United States of America)

Everyone in this thread please write cogent and clearly stated personal experiences for the officials to see - if there are enough then they do something. The more relevant detail the better. Write to:


http://www.ftc.gov/reports/index.htm




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#4 Consumer Comment

I least I don't sound all high and mighty

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

Or sound like a know it all.  I was merley stating what most people care about, how long it will be on their credit.

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#5 Consumer Suggestion

I suggest Reyna learns the difference between credit reporting SOL and debt collections SOL!

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

Reyna~ It is you that is confused.

First of all, it is "STATUTE", not stautue.

Second, you are confused.

The SOL for credit reporting is NOT the same as the SOL for collecting on a debt. One has absolutely nothing to do with the other.

Get educated before spouting jibberish or coming off as defensive with someone.

I know EXACTLY what I am talking about. I have actually had these issues in a courtroom, and won every single time.

 

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#6 Consumer Comment

Statue of limitations

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

I feel you are wrong about the S.O.L. I have reviewed my credit report, because the last year I have had severe financial difficulties and everything on my report is due to be removed in 7 years not 3 and no 15.  I live in Texas but have also lived in Oklahoma and it was the same there nothing stayed on your credit report more the 7 years except bancruptcy and it was 7 - 10 years. 
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#7 Consumer Suggestion

IGNORE the UNEDUCATED "ex-collector" response!

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

The best advice I can give you all here is to AVOID the "ex-collector" response above, or you WILL have big problems!

This "collector" is the standard example of the uneducated morons these debt collection companies hire.

For example:

The ex-collector talked about a debtor "recieving a judgement". Can't legally happen without first being sued. Which means, legal process service, right to respond, etc.

The ex-collector talked about the "7 year statute of limitations" on debt collections. Well, not even 1 state in the entire United States of America has a 7 year statute of limitations on debt collections. Not 1. The actual SOL's are as low as 3 years and as high as 15 years, but NONE are 7 years.

The ex-collector talked about these agencies "trashing your credit", etc. Another falsehood. Can't do it. All they can do is report a collection account. Nothing more. AND, the "debtor" has the right under federal law to dispute that entry and get it removed, AND has the right to sue if the reporting was not 100% factual.

My advice to anyone in debt collections is always the same. My techniques are tested and proven. I have lived it, and I have prevailed.

STAY OFF THE PHONE!!! There is ABSOLUTELY NO REASON to EVER speak to a THIRD PARTY debt collector. Just say no! ALWAYS send a CEASE COMMUNICATIONS letter via certified mail, return reciept requested upon first contact from a bottomfeeder.

ALWAYS sue for FDCPA and FCRA violations. Don't ever let them get away with anything.

ALWAYS file a BAR ASSOCIATION complaint against ANY lawyer who is doing debt collections. There is always something you can file for. They are arrogant and greedy and always give you something.

Sue! Sue! Sue!

Read some of my prior posts here on ROR on how I have beaten BOTTOMFEEDERS every time.

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#8 Consumer Comment

Used to work with Alliance Once

AUTHOR: Coxygirl - (United States of America)

I am a Certified Credit Counselor and for four years it was my job to contact creditors to set up payment plans for my clients who had fallen behind in their payments. Capital One was the worst. If Capital One could not get the job done, they sold their accounts to Alliance One. Collection calls can last from 8 am until 9 pm, in Minnesota, they can threaten your lifestyle, harass the client, lie about the consequences if the bill is not paid etc. These reps from collection agencies will stop at nothing to obtain their commission when they get you to pay. If you give them your account number, they can clean out your whole bank account and good luck getting that back.
Filing a cease and desist order will stop the calls but that you have no idea what these collection agencies are going to do to you and your account with out your knowledge. You may receive papers in the mail summoning you to court for this debt or you may receive a judgment that you didn't see coming.
The reps at Alliance One are ruthless and will stop at nothing to obtain a payment even if it means lying, being supportive and manipulative.
Any payment, except in full, will go to their late fees, interest, commission etc. and you could end up with this debt forever. All the while, your credit report is trashed. If you are able to avoid collections and do not offer a payment or even talk to them, after seven years, the statue of limitations will have run out and they cannot collect on this debt. And as far as Alliance One calling your husband who is not on the bill, that is called a go see. They cannot try and obtain information from anyone, except from you. It is a violation. They can call you neighbors to see if you still work there but that is about it. Any private information that they try and obtain is against the Fair Credit Reporting Act. Contant your Attorney General and the Better Business Bureau immediately.
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#9 Consumer Comment

I had thesame problem with them

AUTHOR: Steph - (USA)

I also had the same problem with Aliance 1. They called my residence every 20 minuites so I sent a stop contact letter certified . When they received it the calls stopped.
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