Complaint Review: Javitch, Block and Rathbone; John Frye; Capital One - Cleveland Ohio
- Javitch, Block and Rathbone; John Frye; Capital One 1100 Superior Ave, 18th floor Cleveland, Ohio United States of America
- Phone: 2166871199
- Web:
- Category: Collection Agency's
Javitch, Block and Rathbone; John Frye; Capital One Javitch, Block and Rathbone, attorneys for Capital One; (John Frye, who i spoke with) Recieved a letter, June 5th, 2009 from the attorney's. Called and spoke to a John Frye, who claims there is a Cease n Desist order and he is unable to talk to me, till i send him written permission. Cleveland, Ohio
*Consumer Comment: SUGGESTION
*Consumer Comment: Let's bring the anxiety level down a bit
*Author of original report: Pre-trial hearing set
listed on other sites?
Those sites steal
Ripoff Report's
content.
We can get those
removed for you!
Find out more here.
Ripoff Report
willing to make a
commitment to
customer satisfaction
Click here now..
I found your website while i was doing research on the Attorneys for my following complaint. Reading about these guys and others, gave me the idea to write this report.
2007 was a very bad year for me, between finals in college, Housing Court, family death, my depression was in critical standing and stress levels were extremely high (been seeing a pychologist for the past 6 yrs). And yet, I still found the time to payoff a card card bebt to Capital One. However, i never received anything from Capital One finalizing the paid off debt. Credit card companies don't send finalize letters to consumers; if they did, both parties would have it on file.
January-August 2008, I had major reconstructive surgery and physical therapy. I didn't work (unemployed, working on-call basis), nor could i attend school.
June 7th, 2009 recieved a letter sent to my old address where i haven't lived for about 20 yrs. Anyway, this letter came from Javitch, Block and Rathbone. I called the phone number looking to speak to a certain person ( Alicia Foster). A guy answered the phone, John Frye is the name he gave me, and told me that it didn't matter who i spoke to. Anyway, a couple of seconds later, he told me he wasn't allowed to talk to me, because there is a Cease and Desist order on the acct. The only way he could talk to me about said acct, was for me to send him a note giving him permission. Gave me the fax number. When i tried to talk to him about the C 'n D...he refused and hung up the phone. I guess you could call that a cold call.
There is no C'n D order on the acct, because i never filed anything of that sort. Besides, i have never herd of Cease 'n Desist until just recently. The only complaints i have ever filed went through the BBB, in regards to harassing phone calls, vulgar and offensive language from unknown numbers-collection agencies. They give you a choice in what you would like to see done with the companies. Never have i ever seen anything about filing a Cease and Desist order. Besides, according to my reserach, I would have to have gone to a Judge or even filed a letter to a Judge to have that done. And i didn't! So, i don't know where John Frye got the idea, unless he has used it before as a harassment tactic.
When i checked the status of the acct with Capital One, on my credit report, it said the acct was charged off and closed.
July 21st, 2009. Recieved a Summons From Parma Municipal Court, because i didn't fax said permission for JBR-John Frye to discuss credit card balance. Along with this balance i would have to REPAY back, court costs and fines would be added. My deadline for response was August 17th, but i fifled a request for an extension. I have sent letters to the BBB in California requesting information on the copy of the complaint i filed with them between Aug 15th-Sept 15th, 2007, because i believe that is when i paid off Capital One. So far, i have not recieved a reply.
I have contacted legal aid society, but they claim they can't help me. Sent letters to where i bought the money orders to pay the balance, they said becasue it was in 2007, they no longer have a record of said payments.
I am unemployed, i have not had a full time job since 2006. I work extreme part time job-on call basis, seasonal. My depression seems to rule my life, meds or n meds.
I'm running out of places to go for help.
Thank you
This report was posted on Ripoff Report on 08/19/2009 05:59 AM and is a permanent record located here: https://www.ripoffreport.com/reports/javitch-block-and-rathbone-john-frye-capital-one/cleveland-ohio-44114-2518/javitch-block-and-rathbone-john-frye-capital-one-javitch-block-and-rathbone-attorneys-482198. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
If you would like to see more Rip-off Reports on this company/individual, search here:
#3 Consumer Comment
SUGGESTION
AUTHOR: Kathie - (USA)
SUBMITTED: Saturday, October 10, 2009
Make sure you attend that court hearing. You don't need a lawyer to stand up for yourself. They are counting on you NOT to appear so that they can get a default judgement.
At the mediation hearing, request a copy of all of their paperwork proving that you owe what they say you owe.
And lastly, take a copy of your last Capital One bill and a copy of the check you used to make your final payment.
They have to prove to the court that you owe them just as you will have to prove to the court that you paid (if it goes to trial)
#2 Consumer Comment
Let's bring the anxiety level down a bit
AUTHOR: Tim - (U.S.A.)
SUBMITTED: Saturday, October 10, 2009
This information regarding the cease and desist is very odd. First of all, if there was a cease and desist on the account, the collector would not have been able to call you in the first place. So for him to call, and they say he could give no info due to a C&D, is just absurd. Not only is it absurd, but its illegal.
I also wanted to address a statement you made: "Never have i ever seen anything about filing a Cease and Desist order. Besides, according to my reserach, I would have to have gone to a Judge or even filed a letter to a Judge to have that done."
This is not true at all. There is no need to have a court involved in sending a cease and desist letter. You WOULD need a court to get a protective order, but as long as you have a typewriter and a mailbox, you can produce an effective cease and desist order, without the assistance of anyone.
Now, you have a pre-trial conference coming up. This is NOTHING to worry about. In your circumstance, this will amount to a conference between you and the opposing attorney to see if you can come to a settlement agreement. You will likely never even see a guy in a robe (unless you work in a massage parlor).
All in all, it is the other fella's burden to show that you owe this debt. Round up whatever you can to show that you've paid it off. Force him to produce documentary evidence that an actual debt exists.
You should be just fine. Of course, you SHOULD have an attorney.
Best of luck!
#1 Author of original report
Pre-trial hearing set
AUTHOR: Mystic09 - (USA)
SUBMITTED: Friday, October 09, 2009
I submitted my written defense to the judge on Aug 18th, 2009. Along with the letter, i submitted copies of information i found on sites that others suggested here when they wrote reports about Javitch, Block and Rathbone, attorneys for Capital One. Including information on C 'n D's...
I spoke to a few friends who also had to pay debts to credit card cos, etc. They, too, never recieved a statement of closure.
My defense i continue to express that i paid off Capital One in 2007, and never added a Cease n Desist complaint. I never heard of the C 'n D until June 2009, when i called JBR and was told about the C 'n D at that time.
So a pre-trial hearing is set Oct 28th, 2009 at 130p. Unfortunately for me, i don't have a lawyer. As the day gets closer, the more nervous i get.
Advertisers above have met our
strict standards for business conduct.