jmarie72

capitol One putting me through the wringer..

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I had a capitol one credit card. $800 max.I maxed it and i was neglegent and didnt pay it.

In December 2009 my bank was garnished about $200 dollars from a Derrick E. McGavic, P.c. in Eugene, Or.

Furious I called this company by contacting my credit union to get their number of the people garnishing my checking account without my knowledge. I was mad and rude and the guy at the "law" office hung up on me. I calmed down and a couple days later I returned the call again. I appologized and I was polite and the gentleman proceeded to talk to me about my debt.

Told me i owed CO (capitol One) a balance of $3437.12 in order to satisfy my debt in full. I just about choked. My limit was only $800!! I told him okay. How do we work this out? We decided on a pyment plan of $180 a month until paid in full.

Around Jan of 2011 I find out that the law firm has changed to Kristan K. Finney, P.c. out of Eugene, Oregon. And they can no longer just take my payments from my checking account unless I call every month and authorize the deduction from my account.

Ok weird, since for a year they have had no problem just helping themselves to my money without my permission.

I had a couple tough months where I paid my payment a few days late. never any significant amount of days though.

June 2011, I call my number I have for them to authorize my payment. The number is no longer in service.. ??? what? I went back and found my letter from them and called every number i had. All numbers disconnected. Weird.

I get online and I start to google both law firms.

I find out there is some kind of lawsuit out on Derrick E. McGavic, so thats why Kristan K. Finney took over their accounts. Still googling all the numbers I get are the ones that are disconnected.

So here I am today and I dont know what to do. Im lost because I dont want anyone going after my money in my accounts again without my knowledge and also feeling like I may have been getting screwed over the last year and a half.

As of right now I have contacted my bank to get copies of all my capitol one automatic withdrawls from Jan. 2010 thru May 2011.

I called Capitol One to try and find out whether or not my debt has been getting paid to them, and all I got was a transfer from one person to another then disconnected eventually. They tried transferring me to a "National attorney Network" and thats where I got to the dead end. A voicemail service that wont let me leave a voicemail. All the while Capitol one has all my personal info again, ss#, address, dob. Am i going to be sued again??

And now I google and read online about all these law suits against capitol one for fraud, and collections...

As of today I have paid out over $3060 to these law firms. Have I been screwed? I have no idea where to go or what to do??? I need answers but Im afraid of calling capitol one or this National Attorney Network in fear of getting the run around again.

I want to know my debt is being paid and my credit is getting the CREDIT it deserves.

Please I need help, suggestions, answers, guidance... something.

Sincerely,

Jmarie.:confused:

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When were you sued and by whom? In order to take your money, they had to sue and win a judgment against you. Ifd you know nothing about the lawsuit, then some kind of sewer service probably took place. You need to track back and find out what all has taken place.

In the interim, why don't you close that checking account and open one at a different bank? At least get some peace of mind for a minute.

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It's the SAME law firm known as "McGavic & Finney PC" at least back earlier this year when they were shut down. Mr. McGavic had to surrender his license to practice law. So the other partner may have formed a new PC.

State shuts down Eugene law firm | Business | Downtown Eugene News

Be suspicious. Be very suspicious of everything. McGavic may still be lurking around there in person. Document everything.

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Try calling the Oregon Attorney Generals office and explain it to them? Maybe they can send you in the right direction. You may even have a claim of your own against the former attorney.

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Call 541-345-0345 and explain your problem. They will be able to give you a phone number to locate your account.

Just so you know, that is the phone number for Kristan K. Finney

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I would send all your information to your state attorney general and another copy to the attorney general of the state these guys operate from. Let them work on it. I was getting scammed by Armed Forces Bank and my AG took care of it ( now it even shows as a positive account on my CRAs-)

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You said nothing about service in your post. Plus, another member asked you. Now, me.

Were you served as required? Did you respond? In Oregon, you must be personally served.

Check with your county court and see if there are any cases listed with your name. It will cost you a few dollars per page, but, ask to have copies of each page sent to you, if any found. You want proof of service, default judgement, garnishment papers authorizing access to your account, anything that applies.

Also, as was mentioned by others, contact the AG. Oregon is not a good state for the consumer. Just ask me. Collectors violate every day and Oregon does nothing.

Edited by retmar

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