• Report: #452337
Complaint Review:

Capital One

  • Submitted: Fri, May 15, 2009
  • Updated: Fri, May 15, 2009

  • Reported By:Chattanooga Tennessee
Capital One
capitalone.com Internet U.S.A.

Capital One Sued by Capital One Credit Internet

*Consumer Comment: RE:

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A policeman came to my house today to deliver a summons letter. The letter read that Plantiff Capital One Bank (USA), N.A. vs me. I was quite taken by suprise. I have had issues with Capital One and have not been able to resolve them through the company. I had an issue with a lost debit card, which I had my payments set up through and forgot to change the number when I was issued a new one. I will take responsibility for that mistake. My problem came when I realized myself that payments were not deducted from my account. When I tried to contact customer service I was unable to resolve the problem. I only had a 500 credit limit and by the time I realized what had happened by bill was escalating out of control. I was unable to come to a compromise with Capital One and had received numerous phone calls from credit collection agencies that were demanding and rude.

The letter I received today states that I am being sued for 1183.38 as principal, 154.17 as interest, plus attorney fees of 15% of the first 500.00 and 10% of the remaining unpaid principal and interest of 158.76. Not sure what that is all about considering I only had a 500 credit limit and had never charged near that amount, but I owe 1183 as principal. I would think that should be 500 principal and 683.83 late fees and annual charges. They also attached a letter of agreement, which was no where near the same agreement I remembered when I got the card. It is not that I did not want to pay on my account, I was just not able to pay the amount they demanded.

Now I am not sure what I need to do. I am quite angry that I was not able to resolve my problem with Capital One and I feel that suing me for a 500 credit card is a bit much. Especially when they go as far as taking me to Superior Court.

Chattanooga, Tennessee

This report was posted on Ripoff Report on 05/15/2009 04:51 PM and is a permanent record located here: http://www.ripoffreport.com/reports/capital-one/internet/capital-one-sued-by-capital-one-credit-internet-452337. 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


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

CapitalOne is very aggressive and they are totally serious about taking people to court over small dollar amounts:

On the court date: DO NOT be a no-show under any circumstances whatsoever. Not showing up is the worst thing you can possibly do. Even if you are frightened....or you're sick with a 102 degree fever...or if you think that you'd loose anyway...show up anyway! If you don't, the other side will get a default judgment and they will get this on THEIR terms. They will tack on all sorts of add-on fees and the amount of the judgment could end up being two or three times the actual amount of the debt.

- bring complete documentation of your income and living expenses: Pay stubs and copies of bills. Even if you loose, you can use this to negotiate much more favorable repayment terms. Request the following info from the other side on the court date:

- a copy of the original application with your signature
- a fully itemized statement for the amount they are asking which clearly details how this amount was calculated, including the interest rate being charged
- How much was this debt purchased for?
Lastly....if they take you to court and win a judgment, this will authorize them to freeze your checking accounts....To be safe, this might be a good time to start pulling out any money you have in check/savings accounts and putting the cash in a safe deposit box to keep them from getting your money. Also, stop any direct deposits of payroll checks
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