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Capital One


sg95212
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In January 2007 I informed Capital One that I was terminated from my job and filed a claim to activate the credit protection insurance I had purchased from them. I was hit with a lot of red tape. I had to prove that I was unemployed, which I did, through EDD letters validating my unemployment claim and yet Capital One still wanted 13 weeks of recent paystubs. Since my employment ended without forewarning I did not have those records I could not get copies from my employer due to the circumstances. I never received documentation from capital one stating what was required to activate the credit proctection so otherwise I would have saved those documents. For about 6 months they kept adding late fees and over the limit fees until my balance went from 500.00 to 1012.00 and finally they closed the acct. Two years later I was served with a lawsuit with Cap. One as the plaintif from a law firm. The summons along with personal information about this debt including the fact that I was being sued, the amount, was given to my neighbor. It was not in a envelope. My understanding is that debt collector could not reveal this information as it is a violation of the fair credit and collections act. Additionally I don't think capital one still owns this acct.

If it was charged off can they still sue me? Also they keep changing the court date. The last time they changed it one day prior and I was not notified causing me to lose a day from school to go to court for nothing. I am afraid that they will schedule a hearing that I will miss. Legally does the plaintiff need to notify me in advance of any changes or amendments? I saw an article on fraud where the collection agency sued listing Capital One as the plaintif. What proof would I need to present to prove that this was charged off and Capital One is not the plainif? I tried to get assistance through legal aid in my area but that was a waste of time as they really didn't show interest in helping and since I am still unemployed hiring a lawyer is out of reach. Any Suggestions?

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If it was charged off can they still sue me?
Yes, charge off is just an accounting term.
I am afraid that they will schedule a hearing that I will miss
They have to notify you of any hearings. Most courts in CA post the status of a case online.
does the plaintiff need to notify me in advance of any changes or amendments?
Yes, you should receive a copy of everything they file with the court.
hiring a lawyer is out of reach
Check out NACA.net many of their attorneys will work on a contingency basis.
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