rmuse00 Posted June 29, 2005 Report Share Posted June 29, 2005 I have been disputing this.Cap one sent me a letter dated May 9th that they were aware of my disputes and would respond BUT they still have yet to respond. In the meantime Experian has already verified.I did talk to a lawyer to see if I should start preparing to sue. Lawyer is willing to file suit but suggested I first try calling just to see what they might say and shows I have continued to try and resolve. I called and when I heard "this call may be recorded" I said "thank you" 8) and started recording. Rep tells me that it was authorized by ME! She says I verified with my SS# and my mother's maiden name! NOT CORRECT!!!. I told her she could have easily taken this info from my old account which I am sure they did! First of all I would have never called or done this to begin with. When the card was charged off (2001) I was in a bit of a "I don't care mode" sorry to say. This debt was already old in my mind and would never have wanted to reopen this can of worms. Now older and wiser I realize the importance of paying your dues and cleaning up your debt. SO, how can they say that I called?! I know I did not call and even asked my husband and he said nope he never spoke to anyone! Oh and ok, let's just say it did happen? WHERE'S THE CARD?!!! WHERE ARE THE STATEMENTS? Wouldn't I have been waiting or looking for this stuff to come if I had had this conversation with someone?!! I also noticed an inquiry made by captial one on the day AFTER this new account was supposedly authorized. I will be gathering all this info to send over to my lawyer just for her to look at. I cannot believe they did this. Any ideas what else to look for? Can they even use this info as authorized? I was thinking, can I get them to tell me what phone number they called, I should have asked but did not. I know I changed cell numbers so if they give the number I left yesterday they could be screwed.Oh by the way, Lawyer was impressed that I had done my homework on the FDCPA & FCRA & FACTA, on how I had disputed with OC & CRA and had sent a request for MOV, etc....I told her it was thanks to Kristy Welsh & the Credit Info Center! 8) ever heard of her? I said "Her book has been endorsed by an attorney!" 8) Congrats Kristy! Link to comment Share on other sites More sharing options...
codename_fortyseven Posted June 30, 2005 Report Share Posted June 30, 2005 Next time, call them up on a recorded line (thank god someone actually is wise on the rules of recording) and ask them when you gave your authorization for the account. Exactly the day and time if they have it. That should get them in a pickle. Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 47,We are on the same wave length. She gave me the date! And guess what? I am so glad I keep stuff! My daytimer (yup 2003 sheets in a box in my closet ) says I was at work and from work I met a girlfriend for dinner. I did not get home until 9pm!!! So, dear Watson I never spoke to anyone from Capital One on the date they have documented!I'm sorry I did not get the actual time and number they called but I am sure they think I believe them since they gave me the date Link to comment Share on other sites More sharing options...
Methuss Posted June 30, 2005 Report Share Posted June 30, 2005 Well when it gets to be time to sue you will be subpeonaing their phone records and recording logs. Most business phone systems log each call made and received. If you spend any more time trying to resolve this you can give them a bloody nose by saying you have had conversations with your attorney about this and that you will subpeona their phone system records if they continue to insist you authorized this by phone. In the absense of any proof of the call they will loose and loose big. This kind of fraud could put even a large lender like CapOne out of business entirely if the government find that this is not an isolated instance....they could loose their banking license with the Reserve Board. Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 Hey Metthus,Your opinon....What does all this mean for the CRA's that verified? I mentioned to my lawyer that the ultimate goal was to just get this off my reports. Experian has verified and ignored a MOV and actually, I am redisputing with Experian just for more weight on this. I'm waiting on TU's results. Exquifax was smart enough to delete.Wondering if this can strengthen this case or if CRA's verifying should all be dealt with separately. Link to comment Share on other sites More sharing options...
Methuss Posted June 30, 2005 Report Share Posted June 30, 2005 Cushman v. Transunion and Crane v. Transunion.Your situation is a textbook copy of these two cases. The fact is, that the CRA did not do a investigation at all but merely asked the furnisher to verify. They made no effort whtsoever to ensure that what the furnisher supplied was correct. Therefore any CRA that verified is in violation of the FCRA.Cushman was awarded something in the neighborhood of half a million in damages if I recall. Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 Better ask my lawyer to look this up! Link to comment Share on other sites More sharing options...
Methuss Posted June 30, 2005 Report Share Posted June 30, 2005 You can add to that the fact that if the furnisher verified, they are also in violation if you can prove they also did not really investigate your claim. The Cushman case also has something in it about MBNA employees failing to even pull up the original application to look at it. Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 I received the letter from Capital One telling me that they were aware of my dispute on May 9th, I received Experian results on May 20th that this account was verified. Is this proof enough!! Link to comment Share on other sites More sharing options...
Methuss Posted June 30, 2005 Report Share Posted June 30, 2005 Probably so, if you have evidence that what is reported is not correct.Just remember that the big $$ is in proving willful non-compliance. It's not that hard to do though. Not having procedures in place to ensure accuracy is willful since they are required to be accurate. An employee disobeying procedures that do exist is willful in that the rules exist but they still failed to comply. Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 My lawyer is going to get back to me tonight but for now I'm just going to wait and see if Experian verifies again and will wait and see if TU verifies. Cap one was suppose to call me today, don't think they will. So, I will just let my lawyer handle it from here.Thanks for all the shared wisdom! Link to comment Share on other sites More sharing options...
Ahntara Posted June 30, 2005 Report Share Posted June 30, 2005 Keep sending fruitless requests for MOV and dispute letters to both Crap One and the CRA. The more efforts it appears you have made to resolve this, the more impressed a judge will be. Imagine yourself fauning away, "...But, your Honor, I sent letter after letter trying to get them to correct this...pant, pant, gasp, gasp...I mean, just look at all this correspondence over all these months..." It takes a while to prove WILLFUL non-compliance and you are definitely on your way! Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 I keep telling myself...patience.....patience. I will be going away with family for the whole week of the 4th so I am trying to convince myself to not think of any of this until I get back. By then I will have received Experian's results on my 2nd time disputing this acct and TU's results on my first dispute with them, not to mention it will have been 3 months since Capital One's letter to me and 11 days since they said they would call me back. We will see. 8) Link to comment Share on other sites More sharing options...
codename_fortyseven Posted June 30, 2005 Report Share Posted June 30, 2005 I would just make sure you have that recorded where they give you the date that you supposedly applied.Dig through your phone records if you have them and get a log of all calls made on that day. Contact your phone company, they should have the records. The daytimer is good, but I'd get the phone records just to have 100% proof. "They are saying you called and made this agreement on the 9th""Your honor, here are my phone records from the 9th, and there isn't one phone call made to the company" Link to comment Share on other sites More sharing options...
Methuss Posted June 30, 2005 Report Share Posted June 30, 2005 Contrary to populr belief, 47, the phone company only keeps call records for 60 days, unless there is a court order telling them to do otherwise (police surveillance). And, you can't get those records at all, they will only turn them over to a court or law enforcement.The TADS report in the privately owned phone system the credit card company uses is fair game though. Most of those systems list every single call from every extension in the business. Link to comment Share on other sites More sharing options...
rmuse00 Posted June 30, 2005 Author Report Share Posted June 30, 2005 Which is what i am counting on! I know they could not possibly prove that they called or that I called to authorize this based on what is in my daytimer. I would not expect my daytimer listing to stand up in court but it does give me peace of mind, that I am not going crazy, and empowers me to continue the fight. This account was fraudulantly opened and now I am convinced that if we can get their call log records it will prove my case. Hopefully my lawyer will agree. Link to comment Share on other sites More sharing options...
rmuse00 Posted July 1, 2005 Author Report Share Posted July 1, 2005 Unbelievable! TU just veified this account! How can the CRA's continue to verify this account when Captial one has yet to call or write me regarding my dispute! I will send an MOV to TU and expect to get that dumb "we do not verify" letter. Experian ignored my MOV. So now I have Experian & TU! Not to mention since May 9th this account never listed as being disputed. Capital One also ignored my letter requesting they send me payment history and original application on this per FACTA. I'm so tired of this! More documentation for my lawyer I suppose! First I just wanted this off my reports now that I'm so mad I want punitive damages!! Sorry for my venting! Link to comment Share on other sites More sharing options...
rmuse00 Posted July 11, 2005 Author Report Share Posted July 11, 2005 Just as I expected. Back from vacation and received the "acct remains" in the mail from TU. After forwarding all my documentation to my lawyer she now strongly believes I have a case. She mentioned as Metthus had that we will ask for phone logs during discovery. I am very interested to see what developes in the next couple of weeks. Experian & TransUnion verified and Cap One could not possibly have proof that I called. Oh and I received another letter from Cap One saying again, they are aware of my dispute and will respond ASAP,,yeah,..yeah,,,yeah. They never responded after the first letter! It is a carbon copy of the letter I got May 9th! Could they use this to say they were communicating with me? They ignored my request for payment history and original application. Link to comment Share on other sites More sharing options...
AnnaBee Posted July 16, 2005 Report Share Posted July 16, 2005 Hi all! I'm rmuse00's sister. She calls me with weekly updates regarding her situation and it seems so familiar to me. At first I thought it was because we talk about the whole Capital One crap for at least an hour. But it just hit me(after today's chat)... the reason why it's so familiar to me is because Capital One also opened an account without my knowledge. I had a secured card with them YEARS ago. The limit was for $300, when I had maxed out the credit and realized I was in trouble I called to close the account. I thought we were even since they had my 300. Well to my surprise when I was buying my first home a Capital One account with the total of over 700.00 was on my credit report. I called them and told them that I had closed my account and that they had never returned my $300 and my charges were $300 so the balance was at a zero. They said that the $700.00 was for an account that I had open with them to collect the late fees! I was weeks away from my closing when this showed up on one of my credit reports. Needless to say I did not fight it and paid . The worst thing is that this had nothing to do with my husband since it was old debt and I felt terrible that the payment came out of our joint account. I have been able to re-establish my credit but it has taken me about 10 years. I wish I had been a member of a forum like this one back then.. I'd be at least $700.00 richer!! So I say good luck... because I know there are hundreds and hundreds of people like me who cannot fight, for whatever reason and end up just giving in.. as wrong as that sounds. Link to comment Share on other sites More sharing options...
rmuse00 Posted July 18, 2005 Author Report Share Posted July 18, 2005 Welcome lil' sis You are one of zillions I have told about this site. I have in the past 4 months gained a world of knowledge from everyone here.Hope you will benefit as well! Link to comment Share on other sites More sharing options...
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