Capital One Auto Finance Harrassing My 10 year old son Plano Texas

To the above poster, The reason you had such a high payment at the end was probably correlated to the fact that you may have paid late. The interest on an extension is paid over the coarse of the next few payments and not all at the end of the loan. When timely payments arent made that would be the only reason why you would owe more at the end. You get charged a per diem interest rate. That means if you were ever late that you would be charges x amount of dollars a day after your payment date, thus meaning that your next payment would go straight to interest.

To the above poster, The reason you had such a high payment at the end was probably correlated to the fact that you may have paid late. The interest on an extension is paid over the coarse of the next few payments and not all at the end of the loan. When timely payments arent made that would be the only reason why you would owe more at the end. You get charged a per diem interest rate. That means if you were ever late that you would be charges x amount of dollars a day after your payment date, thus meaning that your next payment would go straight to interest.

To the above poster, The reason you had such a high payment at the end was probably correlated to the fact that you may have paid late. The interest on an extension is paid over the coarse of the next few payments and not all at the end of the loan. When timely payments arent made that would be the only reason why you would owe more at the end. You get charged a per diem interest rate. That means if you were ever late that you would be charges x amount of dollars a day after your payment date, thus meaning that your next payment would go straight to interest.

To the above poster, The reason you had such a high payment at the end was probably correlated to the fact that you may have paid late. The interest on an extension is paid over the coarse of the next few payments and not all at the end of the loan. When timely payments arent made that would be the only reason why you would owe more at the end. You get charged a per diem interest rate. That means if you were ever late that you would be charges x amount of dollars a day after your payment date, thus meaning that your next payment would go straight to interest.

Like several others, I have read this story and agree that people need to pay their bills in order to avoid reposession, foreclosure, etc. BUT - my situation is different. I refinanced a new vehicle with capital one in approx July 2002. I was getting to my last payment in October of this year. After I made what I thought was the payoff amount, Capital One informed me that my payoff was over $2,500. They said they had granted two deferments during the course of the loan (2003 & 2005) and now those payments were due along with interest, late fees, etc. I told them that I had no recollection of approved deferments - but since I had been in financial struggles over the past several years, it is possible that I requested a deferment. No one at Capital One ever told me that a deferment would result in a a ballooned payment at the end of my loan term. I believed a deferment would add a month or two onto the life of the loan. I asked them to provide signed documentation by me or my husband that showed I agreed to have this outrageous last payment. They said it has been too long and they don't have anything of the sort. I argued with them for 2-3 months - talking to operations managers, collection managers, etc. They kept saying the same thing - you owe the money, so pay it. I'm not going to pay something I don't feel I owe. Sorry.

Last Friday night, my husband and I were getting ready to go to bed. I noticed red lights in my front yard - opened the door to see a tow truck backing up to my car. He said repo man - give me the keys. I immediately told him to get off of my property (he had NOT hooked up to my car yet). He said no - give me the keys. Now my husband flew out of the house and demanded they leave the property. He said the car is paid off - this is bullsh**. There were three guys on the repo "team" and they were being bullies and vulgar and refused to show us any documentation of what Capital One was claiming they were owed. They wouldn't even give us a business car showing us who they were. I had the key in my hand and woul dhave handed it to them if they would have just shown me some sort of pick up order. In an effort to distract my husband, one of the guys got up in his face and told him he needs to pay his bills and take it up with the bank. One of the guys then pushed my husband and my husband reached over and smacked the guy in the face (BOTH are guilty here - not just one) The repo guy said he was going to put my husband in jail and that was the end of it. They called the police, had now hooked up to my car, and proceeded to drag my car out ofd my front yard with the front wheels locked and the nose of my car dragging all the way down the street. The tires were smoking, the sod was totally torn up in the yard and now the police were coming. My husband jumped in his pick up with my car key and chased them down the road. We would get this straightened out with Capital One the next business day - but they were doing severe damage to my car in the process.

Next thing I knew, the repo guys, my husband, and the cops were just around the corner - and my husband was in handcuffs in the back seat of the car. The repo guys were all huddled together making sure they all had the same story. What they did was illegal - they were not hooked up to my car when I told them to get off my property. They did not provide any documentation of who they were and who had given them a repossession order. They provided no proof that my car was the car on the repo order. Even the cop said it was a totally botched repossession.

So my husband was being arrested for battery on the repo dude. The repo guys had all left the scene at this point. My husband told the cop that he wanted charges pressed on the repo guy that pushed him in the front yard. After really listening to all that transpired, the cop called the repo guy back and said things were changing a bit. He uncuffed my husband and wrote up two Requests for Prosecution which both my husband and the other guy could file after a ten day waiting period.

Over the weekend, we found checks that had cleared our account and receipts from payments that had been made to Capital One. According to our records, Capital One had not applied two of those payments to our account. My husband contacted them immediately on Monday morning. It was confirmed that they had received two payments from us that were not credited. They could not explain why that had happened and said they would get it figured out and call my husbank back within 48 hours. Today is Thursday and he still hasn't received a call.

He went and picked up my car from the tow yard. I drive a limited edition Dale Earnhardt Monte Carlo SS. My car is my baby. Now - it isn't driveable. They totally screwed up my transmission by pulling it down the road the way they did. My two front tires have major flat spots from where the car was dragged. The ground effects on the front of the car and pulled loose. It makes me sick to even think about this.

The repossession was unwarranted and was done completely illegally by the repo company. We will be looking for an aggressive lawyer to help us with this. The proof will be when Capital One ends up reimbursing us money. When my husband went to pick up the car, he had to pay $2300+ to Capital One via Western Union - that's what they said we owed. Meanwhile, there are payments that haven't been credited to the account. I fully anticipate a refund of some sort from Capital One when this is all said and done.

""Robert (know it all) did offer assistance that would be useful to you however. The Cease and Desist letter. You should use it to stop the calls.""

I'm not a know-it-all, but I have been assisting folks with credit issues for almost 30 years. I have drafted countless letters on behalf of debtors to correct credit reports, negotiate with creditors, and put debt collectors in their place. Also, I have testified on behalf of debtors on numerous occasions in small claims court and twice in District Court. I also sit down with folks an assist them with developing a budget that is realistic and that they can live with. I do these things FREELY-never have accepted a dime for my efforts.

In each case that I have assisted, the debtor WON in court or achieved a satisfactory settlement with a creditor/debt collector. I also maintain a PACER account to research case law to assist debtors and in some cases assist the attorney representing a debtor. So yeah, I think I know what I write about.

There are a few times on ROR where I have been mistaken, and I have posted a rebuttal each time to apologize for my error and more importantly, to post CORRECTED information to assist others.

Further, I still do volunteer counseling through my sister's church and you'd be amazed at the stories I hear from some folks. When folks lie to me I'm done with them-there are many others who want help and are HONEST about their situations.

This report just doesn't make sense, and if it doesn't make sense that is usually because it isn't true. The "stop calling my kids phone, and I don't have one" ploy is utter RUBBISH and as this report indicates, it isn't working.

""I learned about this letter from the Debtonator. It works.""

The "cease communications" or "cease and desist" letter has no bearing on CREDITORS with the FDCPA. I know of no U.S. jurisdiction where such a letter will stop a creditor from contacting the debtor in an attempt to collect a valid debt. Harassment is a different matter and is usually defined by State statutes and I'm pretty darn good at drafting a letter that sets up the creditor or debt collector for a successful harassment civil suit (In NY we have a nice little law, Article 29H of the General Business Laws that applies to ALL who are attempting to collect consumer debt.) In the majority of cases I have worked, the creditor or debt collector ceases the harassment. In the few cases where the harassment continued, the offending creditor/debt collector either offered an out of court settlement that the debtor accepted or the debtor WON in court.

If you know of such a statute please post it so I'm aware of it.

Hey Mslee, I'm sorry you had to resort to working as a collector. Loved your post about real life in real America. Afterall, you are stating you are only 30 days past due on your payment. Whoooaaaa, like you're the only American who can say that! (or want to say that)

You're doing the best that you can with what you have and with all Banks, sympathy and empathy is absolutely off limits. You just get to bail them out with your tax dollars, but how dare you ask for a 30 day forgiveness.

Robert (know it all) did offer assistance that would be useful to you however. The Cease and Desist letter. You should use it to stop the calls.

I learned about this letter from the Debtonator. It works.

Good luck with everything and keep on taking care of yourself and your son.

Peace

this is the best one I've ever read. Where does the malarky stop. I'm a debt collector with a degreee in Chemistry. hahaha. I don't have a phone but my sick 10 year old son does and I gave the phone to someone to answer?!?! What are you talking about. this is classic. haha.

this is the best one I've ever read. Where does the malarky stop. I'm a debt collector with a degreee in Chemistry. hahaha. I don't have a phone but my sick 10 year old son does and I gave the phone to someone to answer?!?! What are you talking about. this is classic. haha.

this is the best one I've ever read. Where does the malarky stop. I'm a debt collector with a degreee in Chemistry. hahaha. I don't have a phone but my sick 10 year old son does and I gave the phone to someone to answer?!?! What are you talking about. this is classic. haha.

First off my son is a very ill child and has an emergency phone. I do not think that all of personal laundry should be aired.. As I have also found out that Capital One is not covered by the FDCPA. I am a debt collector who is knowlegeable of harassment and what I should not be going through. People like yourself are not looking at the underlying issue. I am glad that there is time to criticism my efforts, because if I had the answers I would not waste my time on Ripoff to tear an individual apart. So let me say this to you, if you have no suggestions that are going to be helpful in this situation, please do not respond to me as I will report you. I do not have time for individuals who are know-it-alls that do not know anything. Let me say something else I am an individual with a BS in Chemistry and a Masters in Public Administration, but I am not GOD.. So I am looking for answers. I am one of the decent debt collectors who have been awarded for letters of recognition by the people that I have helped. I do not only collect debts, but I also take the time to help individuals who need help to restore their credit, dispute items, and if they cannot pay I understand because I am human. So do not break down my character. If you need a personal insight on me, here it is. I am working as a debt collector due to the economy, due to layoffs. I am a degreed individual who wish that this was not what I had to resort to. If you need anymore information on my personal life and why my son who is 10 years old has a cell phone, then let me know. But I feel that any responsible parent, for the sake of not having anyone besides my 75 year old mother in a state where I know no one, would look out for their child(ren's) well-being. I am not shopping, lights just came back on after nearly 3 weeks after Ike, my employer is still not operable and due to this we have not gotten paid. But guess what Robert, I am out looking for another employer AND my son is still going to school! So if you know of any place that is hiring in my professional area, how about you let me know. And if there is anythin else that YOU need to know feel free to post. But I have bigger fish to fry. Thanks for the comment from the previous person in regards to Capital One. I contacted a celebrity lawyer, who is a fraternity brother of a friend of mine, he informed me that "Capital One is the original creditor and "IS NOT COVERED BY THE FDCPA, Robert." He informed me that a class action lawsuit is necessary to perhaps get justice.

""I have called an explained the situation to them that I do not currently have my phone on due to financial hardship, but they are not to call my son's cell phone.""

HUH? Your phone is off but your son's phone is on. What type of trick is this? Seems to me that it should be the other way around-your phone on and your son's phone off.

""I have gone as far as taking his cell phone, giving it to a friend of mine while I was at work and asking her to give the same message not to call his phone.""

Seems to me that you're attempting to "trick" everyone with this "I don't have a phone and don't bother my kid" arrangement. It's not working. Also, instead of handing the phone to a co-worker, there is a wonderful device on the cellphone-it's called the OFF switch!

""Unbeknownst to them, I am a debt collector, I am fully aware of the FDCPA, Third party disclosure, harrassment, etc. laws.""

Then why do you not seem to know that the FDCPA does NOT APPLY TO CREDITORS?

""I have spoken to the reps and informed them that I know they have a job to do, because I do the same thing but they are crossing the lines of FDCPA violations.""

The FDCPA does NOT apply to creditors-you should KNOW this.

Further, if you're such a knowledgeable debt collector, how come you don't know that you can stop the calls quickly with a written cease communications letter to them? Have you ever read the entire FDCPA? Do you understand it?

""I smell a class action law suit and I really do not care at this point and time if they do repossess my car. HELP!!!!!""

NOT based on the FDCPA. You might very well have a lawsuit against them, but you'll have to check TX laws. You might start with the Texas Attorney General's Office.

And Capital One Auto Finance would be the original creditor in this case. Sucks, but that's the way it is....