need advice please?

oh and when looking at my credit report there is no capital one bank

Trak America are apparently the worst of bottom feeder attorneys. Here is a link that you can go to to check them out. http://www.budhibbs.com/debtcollectorpages/trak_america.htm
You must send them a debt validation letter immediately. A good template of that letter can be found on this site. They are required by law under the fdcpa to cease all collection activity until they validate the debt. All communication must be done by USPS certified return receipt mail.

Propound interrogatories and request for production of documents.

STAY AWAY FROM CAPITAL ONE NOW!!!! That form can also be used to motion for sanctions for improper requests for validation, which can get your answer stricken in as little as a few hours via Order to Show Cause. DEAL WITH THE ATTORNEYS OR CA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Propound interrogatories ????? what does this mean in simple terms? and as for that form it was never filled out by me and is in a drawer i knew better than mess with it or contact cap one again.but i honestly got feeling cap one has sold this because there is not one thing concerning the amount owed
on cap one letterhead.and sure would not have their name with trak americas address on a ledger card

I'm not a expert when it comes to judicial proceedings so I just looked up definitions.

Propound
v. t.

1. To offer for consideration; to exhibit; to propose; as, to propound a question; to propound an argument.
2. (Eccl.) To propose or name as a candidate for admission to communion with a church.

In law, interrogatories (also known as Requests for Further Information) are a formal set of written questions propounded by one litigant and required to be answered by an adversary, in order to clarify matters of evidence and help to determine in advance what facts will be presented at any trial in the case.

Hope this helps

Since the paperwork sounds questionable, you're just getting the opposing attorney to get his facts sworn on court documents so that in the future, you may produce these in court and possibly utilize it to make your own motion for sanctions possibly seeking to have their complaint stricken and the case dismissed.

how do or would i go about this? and am i understanding right that the opposing attorney is taking what he is showing as real deal and swearing to them as correct?

When dealing with attorneys in cases like these it is always best to have an attorney if this is possible for you. If you go to court and lose you will have to pay attorney fees. It would be in you best interest to pay your own attorney fees and get these low lifes to back off. Nothing against the good advice you have received here but it will not usually stack up against the experience of an attorney. You can go to NACA.com and find an attorney in your state who is experienced in the area you need. There areas of expertise are listed along with there names and locations. Interveiw them to find out as much as you can before making a decision. Many will accept payment plans our credit cards. Unless you are a highly confident and tenacious individual I would highly reccommend an attorney in this case. Remember that you needed an explanation for "propound interrogitories' made by our knowledgeable guest, who hopefully will become a member, you will face many similar challenges if you go to court and fight this on your own, Not that it can't be won but you must look deep inside before you proceed on your own.

I settled an account with Capital One in 2004. Equifax and Experian have reported it accurately since then 2004. 30 days ago, Captial One began reporting that it was past due and unpaid. I argued with Capital One who said there was nothing they could do since they do not own the account. I argued with Equifax and Experian who state that Capital One is reporting this information. When pursuing this issue repeatedly, Capital One transfers me to their "Recoveries" Department who is Trak America. However, I receive mail from Hay, Hayt and Landau stating they are attorneys in collection of my accounts. When I spoke with Trek about this, they state that they were not aware that Hayt, Hayt also owned my accounts. Could my accouts be with two collections agencies?

The state you live in determines the collection agents Capital One uses:

If you live in and around New York, you will get Trak America utilizing this post office address:

Capital One Financial
Attention: Recoveries
P.O. Box 30285
Salt Lake City, UT 84130-0285
(800) 258-9319

If Capital One has transferred your call when you are disputing an account, they are transferring you to Trak America. The above is Trak America's post office box address.

Trak America's physical address is:

621-576- 8066
631-999-9999

Trak America Enterprises, LLC
Thomas V. Milana, President
6851 Jericho Turnpike, #190
Syosset, NY 11791
Phone: 800-277-4431 631-576-8008
Fax: 800-383-9568

If you live in Florida, the collection agents are in Miami:

Hayt, Hayt and Landau
Martin Rubin
732-935-6923
E-Mail: [email]mrubin@haytlaw.com[/email]