Report: #963223

Complaint Review: Capital One credit card

  • Submitted: Thu, November 01, 2012
  • Updated: Thu, November 01, 2012
  • Reported By: rebecca94 — Bellingham Washington United States of America
  • Capital One credit card
    6125 Lakeview Road suite 800
    Charlotte, North Carolina
    United States of America

Capital One credit card Suttell and Associates, Midland funding, World wide assets Capital One credit card placed 3 judgments/leins against me Charlotte, North Carolina

*Author of original report: what I owed

*Consumer Comment: Suggestion

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In 2007 I got a little behind on my credit card with Capital One-- only being two months late.  We worked extra to make up the amount due. I mailed a payment of $600.00,  this should have brought payments and late fees up to date.  yet I received a phone call from capital one.  The man told me  "we don't want your $600 payment (although they did keep it)  we now want your balance paid in full"   This was impossible and unreasonable.  I was left with no other option but to seek legal advice from my attorney. Who advised me to file Chapter 13

 In the time before I filed bankruptsy Captial one hired Suttell and Associates out of Seattle Wa.

They were constantly calling and demanding full payment,  they even went so far as to call my elderly neighbors on Christmas eve looking for me.   They asked her if "I was home" and that they were worried about me." They also let her know that I was behind on my bill. (this being in the time frame before the bankruptsy got underway)

Then my door bell starting ringing with court summons. I did attend the court hearing and I explained to the judge that I was filing Chapter 13 on these accounts.  The judge said "it looks as though this case is going to work itself out"  I did not hear that judgement was granted to Capital one- or suttel and associates.

Chapter 13 was filed in 2007 and discharged in 2010-- Captial one has sold it's debt three times using the name midland funding and also world wide assets yet these all remained with suttel and associates.    I had thought that these debt were behind me and taken care of.  The debts WERE included in the bankruptsy-- all three names were listed and have been discharged as satisfied through the Chapter 13 trustee.

Yet I just learned yesterday that 3 judgement were in fact leins against my property and they have been growing larger and uglier with interest since 2007- I believe that these 3 are really just the one captial one credit card.  It would appear that I now owe over $8000 to them. 

Is hiring my attorney to re-open my chapter 13 my only option here?
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#1 Author of original report

what I owed

AUTHOR: rebecca94 - (United States of America)

Acutally in the beginning I only owed something like $1200.00 to capital one.  They had nearly trippled the amount that I owed before I even got on to filing bankruptsy.  They would not stop harassing me (they had to have broken a few laws when the called my neighbor on Christmas eve looking for me and informing her that they were trying to collect a debt from us) 

The harassament and the unreasonable amount in fees had to be stopped, and it seemed that the only way to stop them was Chapter 13-  I did have other debts- however I only filed on my credit card debt.

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#2 Consumer Comment


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

Is hiring my attorney to re-open my chapter 13 my only option here?
-  The best advise is that you should always seek legal council when you have a question.  As your attorney is going to have the most accurate information and know the entire story. 

Now, will that require them opening up the Chapter 13 again..probably not.  But again this is not legal advise so your attorney may have other ideas.

It is actually against the law through the Bankruptcy Code for a company to go after you for payment on a discharged debt.  So if everything is as you say and the Capital One debt was discharged you won't owe the money.  Now, as to if they did anything illegal that your attorney can go after them for is hard to say..which is why you need to talk to your attorney.

One thing about filing Bankruptcy and your issue with the suit they filed, there is no middle ground.  Just like with pregnancy where the woman is either pregnant or they are not.  There is no "I am going to file" in the Bankruptcy Protections.  Until you file,  you are treated just like you haven't filed.  So it is very likely that when the judge said "Things will work themselves out", he filed a judgement against  you knowing that the BK courts would cancel it if in fact you did file, but since you haven't it also covers the creditor as the judge did determine you owed the money.  If all it took was for someone to say that they are going to file BK to have a suit dismissed..there would be no way any creditor would get a judgement.  So somehow between you, your attorney, and the BK courts no one realized that a judgement was filed...which most likely falls more on your attorney.

So it could just be a "paperwork" issue, where as soon as your attorney notifies them that the debt was discharged they may just remove the judgments and release the liens immediately.   You may even be able to do this without an attorney, but I probably wouldn't recommend it.  If they haven't actually contacted you to pay off this debt and you found this out by some other means, it is unlikely that they would be seen as doing anything illegal.

Now, just one more item.  If after 4 years of interest and fees from the judgment if you still only owe $8,000 your original debt must have been around only $5,000(or less).  You didn't say if you had other issues or debts. But if Capital One was the only reason you declared Bankruptcy, you probably should re-think at to if your attorney had your best interest in mind.  As that is a very drastic step with long term consequences for what is in reality a small debt.
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