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Capitol One dealings


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I have a charge off w/Capitol One. I disputed with all 3 CRA's and they verified. To make a long story short I read on this board that Capitol One was allowing people to pay off thier current debt and issuing them a new card. Well, I called them (big mistake). They transfered me to ARS Recovery Services, and so on. Well, they found out where I worked and have been calling me at work. Been real nice to me, BUT today when a supervisor called me I told her NOT to call me again on my job. She said that all I could do was send her a C&D letter which meant they couldn't call me at home. (I know better than that) I faxed them a validation letter, and right after that they faxed a form to my employer to verify my employment. Talk about embarrasing...I like to have died. I know that they have got to be in violation of something, and I am pissed!!!! I made a copy of the verification of employment letter and HR said they would not respond to it because I will not sign a release. What can I do next? Write to Capitol One, or just sue the pants off of these jerks?

Thanks,

Anna

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NEVER, NEVER, NEVER use your work phone or fax to communicate with these idiots!

I had to fax to a CRA today and I purposely went to a generic faxing place to protect me, my job, my sanity and my anonymity. It cost $4.00, but I consider that CHEAP!

'nuff said!

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I had basicly the same thing happen to me as you described with ARS. Except they didnt call me at work, I had sent a C&D letter for them to communicate with me via my home address.

I recieved their collection letter on 7/5 and sent them a validation letter on 7/6.They received it on 7/11. On 7/17 they faxed my manager looking for my financial information. They still havnt validated!

Well in the mean time, I filed a complaint with the BBB, FTC and the CA Attorney General office. I did this all online and I suggest you do the same. Today they just received a 30 day demand letter from me stating their 5 violations of the FDCPA. According to my state laws this is a requirement before I file a lawsuit.While I wait for the 30 days to go by while they ignore my letter I am getting info on them to show a pattern of their violations.

Some pieces of my letter and lawsuit that is coming...

809. Validation of debts [15 USC 1692g]

Associated Recovery Systems sent a fax to my manager at my place of employment requesting my financial information. This action is considered continued collection activity during debt validation.

805. Communication in connection with debt collection [15 USC 1692c])

Section 1692c provides debtors the extremely important protection of prohibiting debt collectors from contacting third parties, including a debtor's employer, for any purpose other than obtaining "location information." As stated by the Senate, "such contacts are not legitimate collection practices and result in serious invasions of privacy, as well as loss of job." Associated Recovery Systems knew of my location from a copy of my Equifax credit report that they obtained on July 1, 2002. Debt collectors cannot communicate a consumer's personal affairs to third persons. This section is violated by any communication to a third party, even if the debt is not expressly referenced, other than one that strictly complies with the provision allowing location information to be gathered. Thus, a message left with a neighbor for the debtor to call regarding some urgent matter is illegal or a letter sent via fax to the debtor’s employer with a message to “please have highflyer40 sign this” is illegal.

) 807. False or misleading representations [15 USC 1962e]

Associated Recovery Systems sent a fax to my manager at my place of employment requesting my financial information. I consider this a deceptive means to collect a debt as well as obtaining information about me. Requests for employment verification and financial information are usually reserved for mortgage, automobile and other consumer loans. I have never applied for a loan at Associated Recovery Systems.

And I have a few other violations listed that are borderline but that is up for the judge to decide. They violated my rights, cost me a job promotion,ruined my good name, caused me embarrasment and invaded my privacy ..

To have them come into court and answer to this reckless attempt to collect on a 600.00 debt will be worth it.

Cheers!

HP40 ;)

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