• Report: #337763
Complaint Review:


  • Submitted: Fri, June 06, 2008
  • Updated: Fri, September 05, 2008

  • Reported By:ponchatoula Louisiana
80 Holtz Drive Buffalo, New York U.S.A.


*Consumer Comment: isnt it against the law to.....

*Consumer Comment: To the employee's response to Tori

*REBUTTAL Individual responds: debtors always play the victim

REBUTTAL BOX™ | Respond to this Report! | Consumer Comment

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I was approached with a settlement offer. After four payments and only two-hundred dollar balance remaining i am told because of being a month late that none of the payments i previously made were credited to my balance, instead they told me i was back at my original balance.

I spoke with a manager Amanda Bertini who said there was nothing she could do but offer me another settlement. I was appalled by the tone of her voice and rudeness. I asked her why she was speaking to me in such rude way - she said, " I will speak to you however i want" so i told her i would not pay any more money she replied with "good have fun in court" and hung up on me. I asked her for invoices of previous payments or terms of agreement she told me she coulnt send any old information out, just information from today. I was also hung up on by Mr. Oliver. I called another manager Mr. Johnson, whom put me on hold 6 times while retrieving my account number. Very rude.

ponchatoula, Louisiana

This report was posted on Ripoff Report on 06/06/2008 12:09 PM and is a permanent record located here: http://www.ripoffreport.com/reports/creditors-interchange-new-york/buffalo-new-york-14225/creditors-interchange-new-york-took-my-money-for-capital-one-credit-card-very-rude-hun-337763. 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

isnt it against the law to.....

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

in response to the first comment made by an "individual" im curious as a 3rd party collector is to why you are stating this womans personal dealings with ur office... its been a few months since i have had to sit threw and fdcpa class at my work but i think that u are in a major violation of the fdcpa by posting such information. granted u have not used his/her personal name or such but still you have put the details of your dealings on a public website. if memory serves me right i believe the fdcpa states you cant make public a person debts at least its something along those lines. feel free to google fdcpa guidelines. i do follow these by the books because honestly violating them will only cost me my job and fines to both my company as well as possibly to myself.

of course i have personally delt with this company who threw 3rd party discloser out the window and told my mother everything after only asking for ms. b#$%^% for which there are 3 of us living her she did say this is one of them. after the rep disclosed everything to her he then asked if she was c#$%$#@!@ b#$%^% which of course she wasnt.

i of course i settled my account after speaking with his supervisor and being told he was going to be suspended for this (personally i doubt he was) probably collected the commisson on the acct as well..

its sad to see someone in the same field as myself as rude and law breaking as ur self.... but then again its people like you that made the fdcpa laws possible which not only protects consumers ( calling them debtors is rude ) but good collection companies who do honestly want to help people get out from under debt in a legal professional manner
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#2 Consumer Comment

To the employee's response to Tori

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

This rebuttal is in reference to the representative's rebuttal from Capital One rebuttal that dealt with Tori.

As I do agree that the debt that is incurred is the consumer's responsibility, and I definitely pay my bills, I was disturbed by the rebuttal. Creditors fail to realize although that consumer may look like scum because they made mistakes with their spending-they are still human & have equal rights. The debtor deserves to pay a debt without being discriminated against or mistreated. If Tori was upset & belligerent, as a creditor and employee, it is your job to uphold standards and not "return the favor" by talking to her in that way. What makes you better than her when you behave that way? I work for the Police Dept and despite how angry people are about tickets that they "deserved" as you well put it in reference to debtors. I cannot sucumb to that person's irrational tirades or emotional behavior.

Debt is acquired by people from all walks of life. My mother incurred debt from a divorce when I was a child. I incurred debt in my early twenties from College tuition & books. So does that mean I "stole" my education? Come'on...you are a grown woman & should know better than to be judgemental about this girl's debt. I think it was unclassy for you to disclose personal information regarding her account and spending habits....very unclassy.
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#3 REBUTTAL Individual responds

debtors always play the victim

AUTHOR: Pay Your Bill - (U.S.A.)

Let me shed some light for you...
1) Had you kept up with your minimum $30 a month payments you never would have landed in your situation.
2) After you fell severely delinquent and had your account charged off you were offered a settlement - that is you refused to pay the late charges and interest you agreed to when you opened the account - in other words, your obligation.
3) The terms of the settlement were dictated for you. You had to pay a certain amount of money each month for 3 CONSECUTIVE months in order for you bill to be considered settled. You were offered the ability to set all 3 checks up over the phone, with no fee, for a date - of your choice - for each of the 3 months... you declined and stated you would call in each month.
- The first 2 months went smooth about the third week in the month you finally returned one of the seventeen calls you had received from your representative and set up your second payment. Month 3 however was your downfall. Let me state that again: YOUR downfall. You were again left several messages - about one every other day clearly dictating the reason for the call. YOU failed to return any of those calls. You could not even take the initiative to call in and explain that you may or may not have had the last remaining portion of your settlement payment. You again failed to keep up to your obligations and went delinquent on your bill.
- When you finally called the office several weeks after your last payment was due, you expected to pay your last portion and be done. When your representative advised that was not an option you became irrate with him and hence you were transferred to me.

I DID in fact offer to extend to you a new settlement, which you declined. I may have had a slight attitude if I did you'll have to excuse me however I simply cannot stand the ignorance of debtors with no sense of responsibility or financial morales. I, like many Americans, pay my bills. I prioritize my money. If my hours are cut or my husband is laid off I pay the minimum on all my bills and cancel cable TV, or will choose not to dine out. I make responsible decisions because I was raised to own up to my obligations.
Now things happen to everyone and you were lucky enough to be given a second chance at reestablishing your very poor credit. You were given very clear guidelines of what you had to do to make your situation right again. As history shows, you failed to do so.
Credit grantors have rules. You had no problem maxing out your card on frivolous non essential items and shopping sprees. All Capitol One asked was that you pay your fair interest rate of 12.9% and make at least a $30 payment back to them each month. When you fell into collections you were given a settlement wiping 30% of your entire balance away - also with the ability to pay over 90 days. Again you failed.
I do recall terminating the call on you however, I gave you fair warning. You became irate that after failing yet again to keep up your terms you were unable to keep your settlement offer. You began using profanity at me and making statements that were both irrational and illogical. I advised you if you did not calm down I would terminate the call.
- let me ask everyone this... If you received a call at your home, or especially your job and the individual was using derogatory and offensive language would you continue the conversation?

Capital One DOES sue. Based on your assets you WERE selected for litigation. Again you were given a second chance to correct the situation out of court and you chose to blow it. I did say have fun on court, i admit it. This was, as you stated, right before I hung up the phone. However - let me remind you yet again I advised you if you did not clean up your language and lower your tone I would terminate the call. I do not appreciate being blamed for your ignorance and lack of sense.

Debtors tend to blame everyone else for their situation. How many American's reading this pay their bills every month? An overwhelming majority. I wish I could slip into a fantasy land where I could buy new shoes twice a month and go to day spas and never pay back the person who lent me the cash to pay for it all. I wish there was a word for that. Oh wait, there is: STEALING!!

Before you go bad mouthing a company that was trying to help you
a) by cutting a large portion of your bill off
b) by giving you monthly payments
c) preventing you from docket filing and attorney fees
Why don't you grow up ad take responsibility for your own actions. You are a grown woman. Start acting like it.
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