Report: #1289207

Complaint Review: Capital One Bank

  • Submitted: Mon, February 22, 2016
  • Updated: Mon, July 25, 2016
  • Reported By: Barb T — Littleton Colorado USA
  • Capital One Bank


Capital One Bank Garnishing old debt past Statute of Limitations Salt Lake City Utah Nationwide

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 I had a Capitol One Master Card Opened in 2008, I lost my job and it was charged off in 2010. I currently have 2 Capitol One VISAs both paid on time every month. Capitol One's Attorney Jacques Machol Of Machol & Johannes 700 17th Street Suite 200, Denver, CO 80202 on March 1, 2011 sent 3 process servers to my home at 9:15 p.m. I noticed they were writing my license plate number down, when I asked them to leave they wouldn't. My husband also asked them to leave, they wouldn't sat outside our home trying to intimidate us for about 2 hours until we called the police, who made them leave. When they saw it was the police they tried to speed away but the police stopped them we were going to file harassment charges. We Never heard from Machol & Johannes after that. We applied for a Mortgage Dec 28 2015 and found out Capitol One had put this old debt on my credit report on Jan 11, 2016 as if it was a brand new debt when I called Capitol One the first representative told me she would have it deleted from all 3 credit reports but couldn't and had to transfer me to another girl that told me it had been charged off and to contact the attorney, when I asked why it was Capitol One trying to put an old Account on my credit report as new she had no answer. Today, Jan 22,2016 I found out that Machol & Johannes still representing Capitol One for this charged off account has garnished my wages at my new job. I have never been notified and only found out because I checked my Paycheck Stub. Colorado statue of limitations is 6 years. The Credit Limit was $2000, Capitol One Charged Exorbitant Overlimit Fees, After it was charged off making me owe $5387.00. I have no public records and have worked hard to get my credit where it needs to be. Because Of Capitol One Banks and their Attorney's illegal business practices I am unable to have my name put on a mortgage and when the Process servers were sent and would not leave violating me and my family's constitutional right to privacy. From what I understand, per the Fair Debt Collection Practices Act, they cannot send anyone past the 9:00 pm hour. Please Help me with this situation with Capitol One. I have filed Complaints with the Consumer Protection, Capitol One has their "corporate office" call leave a message saying they were :working on it" then after numerous (at least 10) voice mails they call back and say they are "still working on it" and then I'm not working on your case anymore, my co-worker is, another 10 voice mails later, still no call back. On Feb 15th, 2016 Captial Ones Attorney Machol & Johannes answered the Consumer Protection complaint. saying that Captiol One Contacted Them and they were "handling it" Nothing has been done, I am still being garnished and that was 2 weeks ago and Captial One is continuously ignoring my complaint and doing nothing, thinking I will go away, but I will not go away, until this garnishment is completely stopped and my credit report is updated to positive status. I have only been at this job for 4 months and was not even aware that I was being garnished until I saw my checkstub.and it was quite a shock when I finally was mailed a copy of the garnishment papers I saw they were from 2011, and was again shocked that Capital One would go so far and violate Colorado laws.

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