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Sub: #1 Capital One is suing me!
Replied on 12-15-2008, 10:02 AM
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Hello all,

I received a summons through regular mail. I also received one of those little yellow slips saying I missed a certified letter. I'm guessing it was the summons again. I never went to the P.O. to pick it up. I live in NJ and cap one is being represented by a NJ firm (Lyons, Doughty & Veldhuis out of Mt. Laurel). I have 35 days to file an answer with the court ($15). There is no court date listed on the summons but the customer agreement/arbitration agreement is attached. The total amount I am being sued for is $809.41. I am currently unemployed and actually, my unemployment will run out in the next month.
Any ideas, suggestions, words of advice are greatly appreciated! Happy holidays to you all and thanks for taking the time to read my post


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Sub: #2
Replied on 12-15-2008, 11:26 PM
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You may follow the steps as mentioned below for answering summons: -


Please answer the summons otherwise they will get a default judgment against you, which in turn is not at all desired.

You may go through the following thread for clarity: -

Sued by Javitch, Block, & Rathbone for Capital One, what to do?

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Sub: #3
Replied on 12-16-2008, 08:01 AM
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Thanks phoenix. I called the attorney's office listed on the summons. The lady on the phone says the only options I have are: A) pay $650, in full or B) make a payment arrangement for the full $804 and interest will still accrue. Both of these amounts seem insane to me since the limit on the card was only $300. I called Cap One thinking I would do better speaking directly with them. The automated system asks for my cc#. When I enter it, I am connected to a voicemail for "National Attorney Network"... Is there another number for Cap One besides 800.955.7070?


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Sub: #4
Replied on 12-16-2008, 07:42 PM
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Contact details of Capital One Credit: -


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Sub: #5
Replied on 12-27-2008, 02:30 PM
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happy holidays! i haven't had any luck finding another number for capital one. i did leave a message with the "national attorney network" but i haven't heard anything back. it's been at least a week. i just trying to figure out if the law firm is really representing capital one and if i can speak directly to capital one to cut a better deal than what their attorney offered...

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Sub: #6 update:
Replied on 01-07-2009, 01:56 PM
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i answered the summons requesting proof that the debt is valid, etc. and sent the attorney and court a copy via certified mail. a few days later, i received a postcard from the court with a non-trial court date. does this mean the attorney does or does not have to produce proof of the debt? the attorney is still calling me several times a day, leaving automated voicemails. is this even legal seeing as how we are going to court? the end of the voicemail states: this firm is a debt collector. how do i find out if they really are representing capital one or just representing themselves?

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Sub: #7 update
Replied on 01-14-2009, 10:23 PM
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As a capital one debt collector myself 1-120 days we are not allowed to leave voice messages on machines. and if people out there are reading his pay attention. 1) be polite, let them finish what they have to say and ask for info on the Cease and Desist info for calls (doesn't stop mail but he calls should stop)Mak sure you give them everything they ask for and ask for for the certified address (I know it but I ain't going to give it out) if your past 120 days then you move to a different area of collections and after 180 you charge off(worse for credit than bankruptcy) then depending on the state and your amt legal might get involved or they might sell your case to another collections company. Lets be realistic 78 dollars in fees a bit much but geeze you borrowed the money and now you just don't want to pay at all ( or can't) there was a time you might have spent time in jail for that (theft)

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Sub: #8
Replied on 01-15-2009, 05:36 AM
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78$ is a bit much to a person who doesn't have a job!!! The poster did not say they didn't WANT to pay it back they said they CAN"T pay it back...Collector, I'd be careful about what you say around here, if enough people get in this same position you collectors will soon be telling the collectors calling you the same thing, "I don't have a job and can't pay you" !! I mean really---Do you honestly think most people seriously just don't want to pay you back? Come on......

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Sub: #9
Replied on 01-15-2009, 07:55 AM
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Imale you'de be suprised what I hear on the phone all day. I am extremly careful what I say here. Don't pretend to know me. I'm a very caring person who has the job of calling people up to collect money so I, yes me can stay in my home. I'd rather be back in Manufactoring where I was..or a CSR but hey my wife is one of them and geeze totally different sector and people who don't have any resposibility (she isn't in the financial sector and we shae the basic same stories of rude people all day) I like most people I talk to...feel for them but then again those who are rude..well ya know 78 in fees ain't cutting deep enough into them.


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Sub: #10
Replied on 01-15-2009, 08:02 AM
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i am sorry you're goign through this. i settled with capital one and remember how hard it was for me to get the money to pay them. lyons is no joke, please be careful and let us know how we can help. you have gotten great advice here
btw, i am always all for paying your debt but i do not feel sorry for capital one, they did the same to me.. i "settled" for $700 on a $200 limit! crazy..

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Sub: #11
Replied on 01-15-2009, 11:18 PM
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Bea2ls, As with most people who work for living we do what we do to survive. I don't condone Capital ones calling practices. Like I've told many the economy is crappy and I really don't see an end yet. I learned that big business lies and don't care for pep talks. They are changing strategies...those of you in debt with them they are bringing those they want "Home" as in internal. Those they don't well you will hear foreign voices. I'm internal..and well lets say not your first voice. I'm not against you guys I feel for you. 200-3000 is for HIGH credit risk...keep under 70% of your available credit at all costs..or they wil eat you alive. If you are 2 days late they are going to call for now and for the forseeable future. Folks good luck and best wishes.



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Send message to love_my_things
Sub: #12
Replied on 01-16-2009, 10:44 AM
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lets be realistic 78.00 may not be alot to some but it is to someone who doesnt have a income. I myself know that i have been here and you feel enough shame that you cant pay your bills without someone on the other end treating you like you belong in jail. Lets face it, most of us have been to this point were it is either pay that bill or not eat for the week. What do you think is going to be the logical thing to do? I am no longer ashamed of my situation, but believe me capital one is not starving thier children over a few debts that are in collection.



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Sub: #13
Replied on 01-17-2009, 07:18 AM
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guest, i understand and i did settle but my opinion still remains the same and i still agree with love_my_things and others who have the same opinion.
i am not blaming the workers or collectors though. i know they have a job to do. i meant actual capital one i will never ever have a card with them again (and they actually asked if i wanted a new one alreadY!)

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Sub: #14
Replied on 01-17-2009, 09:45 PM
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OK for one I don't have their card. there's a reason for this....I was in my apartment with a 50k a year job and they gave me a 1500 credit card. Um lets say good at first then I got a 8000 discover card....hmmm BYE capital one. Folks here's my deal I owe about 4000 on 4 cards total with total credit available at 65000. Credit card companies don't tell me they will charge me fees My check card has more overdaft proection than most people have available on their cards...I don't have a 1.4 million dollar house getting ready to be foreclosed on I have a less than 100k house period. You see when and this is unlike my wife. When I bought my house I didn't ask what I was "qualified for" I asked what the payment I wanted with the interest I was going to get or no house was going to get me and there I went shopping for less than 100K house. I bought a flat screen LCD TV 32" class 2 weeks ago (my wife says I'm cheap..I make less than her) 720p HDTV hey its clear to me and 500 dollars and PAID for. I make about 12.15 an hr I used to make 18 but then this economy set in. If the economy is going to turn around..Obama and our goverment need not give us money but tell us that we will have jobs and get this fear mentality out of us or he's gonna be a one term president and congress will be full of republicans in 8 years. I blame over spending and greed on the economy. Gas at 4-5 dollars just put the nail in the coffin.

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Sub: #15
Replied on 01-17-2009, 09:52 PM
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Beware of anything to do with Capital One because they will sue you for any amount. They do not care. I am still not clear if they are the actual suers or if the attorney offices bought the debt and are now collecting through court. If you will notice, the attorney offices on most of these are offices that specialize in debt collection only. If I had to do over again, I would have never taken a card out with them period because of the way they operate and I have had other people say the same thing.


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Sub: #16
Replied on 01-18-2009, 07:38 AM
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guest7590 - i hope you didn't take offense to my post i appreciate your inside look. i guess i have just been grumpy lately and bitter towards capital one, heh.
i have a job in foreclosure and alot of people who have their houses taken away see us an uncaring. but i do try to help them by pointing them to where they can get legal advice and state programs etc. its a government job and believe me, i'm (my whole office actually) isnt the ones doing it. the people they owe the money to are moving ahead, and we just data entry. we serve summons, do bank levies, foreclosures, wage executions and we are not popular. so i understand 100% where u are coming from.

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