Capital One and the payment protection plan
Date: Tue, 11/17/2009 - 19:46
I was living in chicago 4yrs ago with a credit card from Capital One. I was paying over $200 a month for a payment protection plan charge, along with my minimum payment due and if it was a good month more than I had to, I was in excellent standing and never late -
The payment protection plan to my understanding - was in the case I lose my job, 2months of minimum payments waived, up to 6mos deferment, and in some cases other leniencies.
Unfortunately - and not to explain my whole personal ordeal of how I came to be forced to move out of the state of IL in which I had to leave my job. Long story short - I was stalked by a methhead complete stranger - who attempted to attack me at my job then eluding the police from that incident broke into my apt, and tried to murder me :|
The nut was arrested the next morning for attempted battery, because I actually never was hurt. So apparently, in chicago, if you dont get hurt then they didnt try to kill you.
So I didnt really quit and definately wasnt fired. But being that the person was let out on an ibond all the while contacting me from jail threatening to kill me, I had little choice but to move and leave my job.
So I move and tell capital one my situation - they told me that because it wasnt a "factory layoff" my circumstances didnt apply.
Keeping in mind, I supplied all information and documentation to prove this incident.
Also - I never worked for a factory?!? I was a bartender - so why had I been paying $200 a month for a service for over a year that I had no chance of it even applying to me.
SO of course upset at all the money I wasted - I told them cancel the protection plan immediately. I started receiving my bill which I could not pay - Total debt $1800.
I had no job yet. I spent my entire savings moving on a 24hr time frame. I move to Las Vegas to be closer to family members, but had my own apt.
Phone calls started.
Phone calls to my cell phone 24hr a day. Sometimes 6AM on Sunday, 2:15AM on a Wed. all hours of the day/night, week - several times a day, several times a week.
At this point I am working - but so upset with this companies practices I choose to pay my other debts first, being behind on everything, and very upset about the payment protection plan scam, which I told them exactly that.
18 months goes by -
I now can afford to make a payment, but it has gone into collection. I attempt to make payments to the agency - now the bill is over $8,000. They had never canceled my bogus payment protection plan, and had also been charging me $35 a month late charge.
OUTRAGED at the total, and blaming myself for not pursuing this more seriously, I agree to a payment plan. They told me they could only accept a payment if I qualified for their payment plan which required 30% down payment of total cost. I had about $200 a month that I could afford to send them nothing saved up. I told them, well, maybe in 6months I can qualify for your payment and left it at that.
My mother starts getting phone calls.
My 83yr old grandmother starts getting phone calls.
They not only told her of my debt, which she is NOT a cosigner or liable for this debt in any way, but threatened her, harassed her, threatened to repossess her vehicle, reposses her assets, all using her address and phone number which I had nothing to do with except maybe had some old magazine subscriptions still in effect?
They start sending letters to my mother's home address in Texas, stating that I, my name, is being sued in Texas at her address.
I'm thinking this is crazy! How can they sue me in a state I havent lived since I was a child using my mother's address or threaten to reposes anything of hers, she has nothing to do with my debt. I've been married 12yrs, my name changed, divorced 6yrs ago if anything go after the mortgage I DO have in NJ or after my ex-husband who lives there?!?
Out of pure sheer bad luck - I come home for Christmas that year, and on Dec. 21st I am served (in a way) at her home with the papers that I am being sued by Capital One at her address in the state of Texas. In a way - because the person asked my 83yr old! grandmother if I was home, called me to the door, and the lady handed me the envelope, without saying a word nor did I sign for anything, nor did she inform me what I was receiving and walked off.
I read it - it says Im being sued in the state of Texas at an address I dont live at or own or have anything to do with really except it's my mother's house. :?
I live in NV, acquired the debt in IL, and have a mortgage with my ex-husband in NJ.
Where does Tx even come into play??
5th year into this ordeal-
my mother receives a letter that a judge has made a judgement against me.
I letter I was "served" said I was being sued. It never said when or where to go, or who to contact.
If there was a court date set - I was never notified.
I was definitely planning on showing up and was actually looking forward to telling the judge all about the harassment, the contact and harassment to my mother and grandmother, the bogus protection payment plan, the fact that I never lived at the address, not even in city at that address. I never had the chance.
She gets a letter out of nowhere, saying judgment has been made.
What can I do at this point??
Were you sued by Capitol One or a collection agency? Well, at t
Were you sued by Capitol One or a collection agency?
Well, at this point I think you need to find out more about this said judgment and if it has been wrongfully imposed, you'd need to file a motion to vacate a judgement.
Who sent the papers you were served with? Who sent the letter ab
Who sent the papers you were served with? Who sent the letter about the judgement? Either one of them from a court? If so, contact the court (info should be on the letter) and find out what you can. Then get back to me.
It sounds like you got sued in a state and county where you don't reside. If that's the case, and there's actually a real judgement, you have an excellent chance to get it vacated due to improper venue.
I'm looking for the paperwork right now - I dont know who serve
I'm looking for the paperwork right now -
I dont know who served me exactly she didnt identify herself and didnt ask me who I was when I came to the door. I thought it was pretty crappy that because I WAS at my mother's house at few days before Christmas living 2k miles away that somehow comfirms their accusations of me living there. :/
I checked my credit report yesterday I realize this collection agency (I'm guessing) or the court filing itsself had changed my current address to hers :/ Idk when this happened or who authorized this??
Also I found out that not only did they continue the charge me the $270+35/mo for two years basically refusing upon multiple requests to cancel the payment protection plan and 3mo later the account all together, but they continued to do this AFTER it went to collection!?!?
and stated on my credit report - 4yrs too late -THEY closed the account?!? HA!
They basically REFUSED to close the account.
I figured from the total balance and taking some responsibility that this situation was so out of hand - the total owed should be around $4400
They went to court filing final total amount $16k
ALL payment protection charges + late fees - on an account they refused to close.
Then THEY make it look like they'll be nice and settle - they filed for over $16k and settled for $8k (coincidence?? the original amount that had gone to collection, after Capital one still refused to cancel everything for the first 2yrs)
Im still upset i didnt get to go and tell my side, but im looking for the info you mentioned now, thank you for replying.