kutuzov Posted June 8, 2013 Report Share Posted June 8, 2013 So in 2011 Capital One sue me over a credit card. At the time I didn't really know the Forum or the laws etc. so I ended up settling the account. Paid the settlement by feb 2013, no judgement. The attorney followed with a voluntary dismissal with prejudice, The total was like 3500 and I settle for around 2500 with monthly payment (I really didn't knew all the law, but I knew they could not garnish my wages, size any assets, or garnish my bank account since everything I owe is in my wife and my name and as for Florida law they can't). All right so march showed up and Capital one updated the info on my credit report. They put the 2000 payment and left a balance of 1000, and are still reporting as a charge off. So I requested my annual credit report from Equifax, got it beginning of may and disputed via cmrr the inaccuracy. They started the dispute on may 7 2013, and Capital One verified the entry as accurate on june 2 2013. So in advance to that move, I pulled some 6 month old credit reports from Transunion and Experian, and disputed minor wrong info, like an old phone number still listed, so to get a new credit report for free. Still didn't get my free credit reports for free, but will get them soon. My next step, file the dispute with Experian and Transunion, and a reinvestigation with Equifax, and send a dispute to Capital One, only this time instead of the regular dispute, I'll attach all court records. I do see this one going to court cause I know crap 1 does not like consumers, and does not give up, so what other ideas or steps should I follow in order to sue them later on. The settlement clearly states that the payment was payment in full, and that the account will be settled, and the complaint dismissed with prejudice, no ambiguous wording, and I got all paper work, including the court order approving the settlement. Link to comment Share on other sites More sharing options...
credit_h Posted June 8, 2013 Report Share Posted June 8, 2013 Since they dismissed with prejudice from the monthly payment settlement, doesn't that mean they cannot sue you again for this debt even if you stopped making the monthly payments? Link to comment Share on other sites More sharing options...
kutuzov Posted June 8, 2013 Author Report Share Posted June 8, 2013 The dismissal was done after I finish the payments, they cannot sue me again nope, but I could sue them if they persist in placing inaccurate info on my credit report. Link to comment Share on other sites More sharing options...
BV80 Posted June 8, 2013 Report Share Posted June 8, 2013 @kutuzov Are you still making monthly payments toward the settlement? Link to comment Share on other sites More sharing options...
kutuzov Posted June 8, 2013 Author Report Share Posted June 8, 2013 No, the settlement has been paid in full as of February 2013. In march 2013 they reported the last payment, but they still report as of june 2 2013 as a charge off, and a balance (the difference between the settlement and what they say I owed), so basically for credit reporting they are not honoring the settlement. The settlement was filed with the court and is a public document so ... On june 2 they updated their monthly charge off, and verified that the info is accurate after my dispute. Link to comment Share on other sites More sharing options...
BV80 Posted June 8, 2013 Report Share Posted June 8, 2013 @kutuzov Since you disputed with the CRAs, I would now send Cap1 a letter that includes a copy of the settlement agreement. Tell them that the settlement amount has been paid in full, but that they are not reporting that fact on your credit report and have verified inaccurate information. I'd request a letter stating that the debt has been settled and paid, and Include that their entry on your credit report should reflect that fact. I'd send the letter CMRRR. After they receive the letter, I'd give it a few days then follow up with a phone call. Link to comment Share on other sites More sharing options...
TomnTex Posted June 8, 2013 Report Share Posted June 8, 2013 I would do like BV said only, I would also include a summons to Federal court for a violation of agreement either FDCPA or not. You should have some grounds. Link to comment Share on other sites More sharing options...
BV80 Posted June 8, 2013 Report Share Posted June 8, 2013 I would do like BV said only, I would also include a summons to Federal court for a violation of agreement either FDCPA or not. You should have some grounds. He's dealing with the OC. The FDCPA doesn't apply. Also, a creditor would try to claim a bona fide error. That's why I believe it's a good idea to take other measures to resolve an issue before suing. If the creditor refuses to cooperate, you can show that there is no bona fide error. They just refused to cooperate. Link to comment Share on other sites More sharing options...
kutuzov Posted June 8, 2013 Author Report Share Posted June 8, 2013 That was my plan, but I doubt they will do anything. Anyways for what the phone call? I mean they got the letter so I believe they will have more than enough info. Also I did requested a letter from the law office when I finish the payments, and they never send me one stating that, instead I got a letter with the dismissal with prejudice. I guess I could try again and send all docs, hopefully they will correct it, but I smell a law suit soon. Link to comment Share on other sites More sharing options...
BV80 Posted June 9, 2013 Report Share Posted June 9, 2013 @kutuzov If it were me, I'd follow up with a phone call just to let them know I'm serious. Again, it goes to show that you tried everything you could to resolve the issue without involving the courts. If Cap1 doesn't cooperate or just doesn't care, it reflects badly on them. I don't know that they would try to claim a bona fide error, but when you dispute with the CRAs, send Cap1 a letter, copies of documents, try to talk to them, and they still won't do anything, in my opinion, it would be difficult for them to say "Oops. It was just a boo-boo on our part." Link to comment Share on other sites More sharing options...
TomnTex Posted June 9, 2013 Report Share Posted June 9, 2013 He's dealing with the OC. The FDCPA doesn't apply. Also, a creditor would try to claim a bona fide error. That's why I believe it's a good idea to take other measures to resolve an issue before suing. If the creditor refuses to cooperate, you can show that there is no bona fide error. They just refused to cooperate. Yeah, I was busy trying to BBQ a big T-bone steak and in a rush, forgot that it was an OC and not under FDCPA......that's what I get for being hungry....lol. 1 Link to comment Share on other sites More sharing options...
kutuzov Posted June 9, 2013 Author Report Share Posted June 9, 2013 I'll do the friendly letter, if they refuse to correct it, anyone got Florida attorney recommendation, I mean I got a life I can't be stuck studding Federal procedure, write the complaint, etc. it will be a hazard. Link to comment Share on other sites More sharing options...
admin Posted June 9, 2013 Report Share Posted June 9, 2013 http://www.creditinfocenter.com/legal/lawyers.shtml Link to comment Share on other sites More sharing options...
BV80 Posted June 9, 2013 Report Share Posted June 9, 2013 @kutuzov Good luck! Hopefully this will work out the way you want, and you won't have to file suit. Link to comment Share on other sites More sharing options...
kutuzov Posted June 10, 2013 Author Report Share Posted June 10, 2013 I'm ok with filling suit, you get money out of it, the problem is finding an attorney that would take your case. I got lucky last time found one and sued a JDB. I would sincerely would have preferred for crap1 to have reported the cc as settled and 0 balance back in march when they should have done it. Link to comment Share on other sites More sharing options...
kutuzov Posted June 11, 2013 Author Report Share Posted June 11, 2013 Sent yesterday 4 letters, one for each CRA with all documents that prove the account was settled and said settlement was paid, and to crap1. Let's see what they do, but I guess they ain't doing crap, so I need to shop for a lawyer soon. Link to comment Share on other sites More sharing options...
admin Posted June 12, 2013 Report Share Posted June 12, 2013 Sent yesterday 4 letters, one for each CRA with all documents that prove the account was settled and said settlement was paid, and to crap1. Let's see what they do, but I guess they ain't doing crap, so I need to shop for a lawyer soon. You never know.... Link to comment Share on other sites More sharing options...
kutuzov Posted June 12, 2013 Author Report Share Posted June 12, 2013 Dear Sirs: Capital One Bank is listing inaccurate information on my credit report. I am sending this letter to dispute this inaccurate information in my file. See attached Credit Report showing the circled trade line to investigate and a copy of my ID. The account was settled in January 2013, and said settlement was paid on or around February 7, 2013. Please remove the charge off for the months of march, april, may and june 2013, and update the account to settled. On may 7, 2013 Equifax started an investigation about this Capital One account that is reporting inaccurate information, on or around june 3 2013 Capital One has validated the inaccurate information as accurate. I request in the case of Equifax a reinvestigation of the information, as it is inaccurate, please find enclosed the settlement filed with the court by Capital One attorney, a copy of the court records approving the settlement, a copy of my bank statement showing the payment to the law firm, and a copy of the voluntary dismissal with prejudice filed by Capital One attorney. All this documents are proof that the account was settled and paid in February 2013. Also please send a copy of this letter and attachments to your costumers when you convey my dispute. If you are not willing to do so, please immediately provide me the name, address and telephone numbers of the people you deal with at these companies so that I can send documents myself, to a person who can actually consider these explanations. Also please call me immediately if you need or will accept additional information to support my dispute. My phone is xx Thanks you very much in advance for your time and help. The letter itself, I leave it here for future reference if anyone runs through the same issue. I set up a bank account to pay them, I insisted in the money order but when I sign the settlement they said ok with the money order but you must overnight it, so I went to my ban and did a new checking for free, used it only to pay them, and is already close. Link to comment Share on other sites More sharing options...
kutuzov Posted June 18, 2013 Author Report Share Posted June 18, 2013 Did the friendly call today. After a lot of wait and maybe 3-4 transfers, I got a lady on the other side from Crap1. She pretty much denied everything and said crap1 did not verify with the Equifax last dispute (sure), but she did say that they got they started the investigation on the 14, and that they have asked from the law firm the papers, I did advice her that they got 30 days to correct, verify or delete, no later than 40 days from the 14 I'll be filling suit if they keep the inaccurate info, she even play dumb and said she doesn't know if it will take 30 days or what, basically is was like talking with a defendant denying everything, except that they did request the info this time. Link to comment Share on other sites More sharing options...
admin Posted June 18, 2013 Report Share Posted June 18, 2013 I think you'll probably get what you want. Link to comment Share on other sites More sharing options...
Torden Posted June 23, 2013 Report Share Posted June 23, 2013 This kind of thing certainly does not take 30 days if the lawyers have the info ... unless someone is intentionally delaying. Link to comment Share on other sites More sharing options...
kutuzov Posted June 23, 2013 Author Report Share Posted June 23, 2013 I know it's just a phone call, but they got 30 days by law to either verify, correct, or it should get deleted. So that's why I put the 40 day time line. Anyways I don't see myself applying for credit for until 2015, since I recently got a little nice cc from Barclay 1 to 2 % cash back, no annual fee, and no interest until August, so I cancel my old crappy crap1 cc, with low CL and no reward after 2 years of pay in full and on time payments. IT's a bit subreal that I got a cc with crap1 on good standing and got approved while they where suing me but well. As long as they do it within the law time frame I'm ok, my next step is either get a chase or discover cc, since there customer service is a lot better, with Barclay I had a really hard time understanding what those foreign reps says. For now Equifax has responded that is accurate, but I guess is because I already dispute it with them, and they just forwarded their last dispute to me, Transunion and Experian no answer yet. Link to comment Share on other sites More sharing options...
admin Posted June 25, 2013 Report Share Posted June 25, 2013 Link to comment Share on other sites More sharing options...
kutuzov Posted June 25, 2013 Author Report Share Posted June 25, 2013 Crap1 is playing the ball. They verified with Transunion now, Experian pending but I'm sure they will verify, but they think I'm an idiot so they send me a letter saying they have forwarded my letter and docs to a especial department to investigate, or something along those line. They basically verify and cover their a$$ saying they are investigating, so if I sue them now they will say we are investigating and we send you a letter, and hey the verification was done by the CRA we got nothing to do etc., so right now I still need to wait the 30 days. By the way they also deleted all the CO from 2009-2013 that they where reporting monthly, they just replaced it with no data. except for the 1st CO. Anyways they still got about 20 days. In the mean time I call the attorney office I paid the settlement to, to see if they could shout them an email or something, I gave them, the case number that crap1 put on the letter, they said they will give a try but after is settled they close the account and send it to crap1 and they do not have control over the reporting, which I said I know but maybe I get lucky and crap1 does something. So July 20 or so that's 35 days from when they got the letter I'll be shopping an attorney and applying for credit so I get a few denials ... Link to comment Share on other sites More sharing options...
admin Posted June 26, 2013 Report Share Posted June 26, 2013 Crap1 is playing the ball. They verified with Transunion now, Experian pending but I'm sure they will verify, but they think I'm an idiot so they send me a letter saying they have forwarded my letter and docs to a especial department to investigate, or something along those line. They basically verify and cover their ass saying they are investigating, so if I sue them now they will say we are investigating and we send you a letter, and hey the verification was done by the CRA we got nothing to do etc., so right now I still need to wait the 30 days. By the way they also deleted all the CO from 2009-2013 that they where reporting monthly, they just replaced it with no data. except for the 1st CO. Anyways they still got about 20 days. In the mean time I call the attorney office I paid the settlement to, to see if they could shout them an email or something, I gave them, the case number that crap1 put on the letter, they said they will give a try but after is settled they close the account and send it to crap1 and they do not have control over the reporting, which I said I know but maybe I get lucky and crap1 does something. So July 20 or so that's 35 days from when they got the letter I'll be shopping an attorney and applying for credit so I get a few denials ...How are they playing ball?? Link to comment Share on other sites More sharing options...
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