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mikopr

Help!!! Capital One

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I need Help with One Capital

In 11/2007 I open an account with One Capital. In 8/2008 they closed the account. In 2009 they sent a citation to me to the court in the State of Florida. 6 months later, I received a letter of the court where he indicates " notice of lack of prosecution" For a year I am disputing to this account but i always recive the same answer, " verified, not change" In 4/2011 I sends a DV to Capital. They responded to me saying that under I number of account that I provide was impossible to verify the account. They request a copy of my SS and driver license . Obvious I did not send anything to them. I sent a new dispute to CRA and sends copy of the letter that Capital One sent to me and copies of the failure of the court. CRA respond the same, verified not change.

my next step is?

PD: Sorry for my bad english

Account Information

Date Opened:

11/2007

Reported Since:

12/2007

Date of Status:

08/2008

Creditor's Statement: Account closed at credit grantor's request.

Status: Account charged off. $1,531 written off. $2,654 past due as of Feb 2011.

Status Details: This account is scheduled to continue on record until Oct 2014.

This item was verified and updated on Sep 2009.

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I need Help with One Capital

In 11/2007 I open an account with One Capital. In 8/2008 they closed the account. In 2009 they sent a citation to me to the court in the State of Florida. 6 months later, I received a letter of the court where he indicates " notice of lack of prosecution" For a year I am disputing to this account but i always recive the same answer, " verified, not change" In 4/2011 I sends a DV to Capital. They responded to me saying that under I number of account that I provide was impossible to verify the account. They request a copy of my SS and driver license . Obvious I did not send anything to them. I sent a new dispute to CRA and sends copy of the letter that Capital One sent to me and copies of the failure of the court. CRA respond the same, verified not change.

my next step is?

PD: Sorry for my bad english

Account Information

Date Opened:

11/2007

Reported Since:

12/2007

Date of Status:

08/2008

Creditor's Statement: Account closed at credit grantor's request.

Status: Account charged off. $1,531 written off. $2,654 past due as of Feb 2011.

Status Details: This account is scheduled to continue on record until Oct 2014.

This item was verified and updated on Sep 2009.

Just because the lawsuit was dismissed, doesn't mean Capital One can't report the debt. If it's your debt, and if it's being reported correctly, there's nothing you can do. As the Original Creditor, they have a right to report the account.

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Just because the lawsuit was dismissed, doesn't mean Capital One can't report the debt. If it's your debt, and if it's being reported correctly, there's nothing you can do. As the Original Creditor, they have a right to report the account.

Even I though never had to attend the court because the day before the citation the court send me a letter saying " Motion to dismiss/Order to Causeto show/ to appear?

Thanks

Edited by mikopr

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If the case was dismissed with prejudice and not a lack of prosecutions, you could send Cap One a letter stating that since they cannot take further legal action, continued action on the account, look at this:

Under 15 UCS 1692e 2(A)(8)(10), The false representation of (A) The character amount of or legal status of any debt (8) Communicating or threatening to communicate to any personal credit information which is known or which should be known as false, including the failure to communicate that a disputed debt is disputed(10) The use of false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

You need to get this case dismissed w/prejudice to do anything to protect yourself from Cap One falsely reporting the account.

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do not have much knowledge about the law. I am going to copy what appears online of the court.

Case Detail

Case: XXXXXXXXXXXXXXXX

Action: DAMAGES

Filing Date: 05/21/2009

Parties

Plaintiff(s) Attorney

CAPITAL ONE BANK USA NA BORACK DAVID E

Defendant(s) Served Attorney

XXXXXXXXXXX

Dockets

Date Action Docket Type

05/20/2009 COMPLAINT

05/21/2009 Calendar entry added for: 06/10/2009 08:45 AM

05/21/2009 Reason: PRTC

05/21/2009 SUMMONS NOTICE TO APPEAR

05/28/2009 XXXXXXXXXXXX SPU

05/28/2009 SERVICE OF PROCESS UNSERVED SPU

06/09/2009 Calendar entry deleted for: 06/10/2009 08:45 AM CDEL

03/02/2010 NOTICE OF LACK OF PROSECUTION NLP 1

03/02/2010 NOTICE OF LACK OF PROSECUTION NLP 1

04/09/2010 Calendar entry added for: 05/13/2010 09:00 AM CINS

04/09/2010 Reason: CMC CINS

04/13/2010 MOTION TO DISMISS/ORDER TO SHOW CAUSE/TO APPEAR MON 1

05/13/2010 ORDER OF DISMISSAL OR CLOSING (LACK OF PROSECUTION) ODL 1

05/13/2010 TRIAL MEMO / PRE-TRIAL MEMO TM 1

10/08/2010 CASE FILE DESTROYED PER RULES OF FL JUDICIAL ADMIN 2.430 CFD

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