General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCapital One's new contract says it can show up at cardholders' homes, workplaces
Source: Los Angeles Times
... Credit card issuer Capital One isn't shy about getting into customers' faces. The company recently sent a contract update to cardholders that makes clear it can drop by any time it pleases.
The update specifies that "we may contact you in any manner we choose" and that such contacts can include calls, emails, texts, faxes or a "personal visit." As if that weren't creepy enough, Cap One says these visits can be "at your home and at your place of employment."
... "It sounds really invasive, but I don't think it's a violation of your 4th Amendment rights," said Daniel E. Kann, a Santa Clarita lawyer who specializes in illegal-search cases.
... Incredibly, Cap One's aggressiveness doesn't stop with personal visits. The company's contract update also includes this little road apple: "We may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose."
Read more: http://www.latimes.com/business/la-fi-lazarus-20140218,0,5011779,full.column
msongs
(67,407 posts)I would, if I had one. Who at Capital One thought this was a good idea?
yeoman6987
(14,449 posts)However, they could not visit me at work. They would have to go through a gate and security and they would be turned away for sure. Home they have to go through a gate too, but I would get a call from the front gate asking if it would be ok to come to the house .obviously I would say no.
HangOnKids
(4,291 posts)So you are a special no touch, who the fark cares?
vdogg
(1,384 posts)He's obviously military, hence all the security that one would have to go through. I don't see anything particularly wrong with his post as it highlights a key obstacle capital one will face as they try to execute this little policy of theirs. They'd have trouble getting to me at work too. As for home visits, I'm surprised they value their employees safety so little. I don't own a gun, but many in my state (Virginia) do. Let's just say that there's a reason the repo man comes in the dead of night. I really don't see them going through with this in reality. It's just a scare tactic.
TexasTowelie
(112,204 posts)They were overly aggressive with me once when I had a balance of $81 on my card and I had to pay my bill late due to a medical emergency.
Jenoch
(7,720 posts)then either never use it again or cut the card up and don't ever use it online. You could take a credit score hit by cancelling it.
LiberalEsto
(22,845 posts)I hope anyone with one of their credit cards cuts it up and switches to a different card without those idiotic contract terms.
grasswire
(50,130 posts)Is that next?
hobbit709
(41,694 posts)TBF
(32,062 posts)my 95-lb dog answers the door and he does not like visitors.
WillyT
(72,631 posts)CA has some pretty strict CC protections.
BlueCaliDem
(15,438 posts)third party debt collectors, but original creditors as well.
If you feel harassed by Capital One (which anyone would if they paid personal visits to home and work) you can sue them up the yin-yang.
There are plenty of consumer Attorneys in Los Angeles alone who will file suit against them without costing you a pennyand for the minutest violation. That's because the moment an attorney files a Complaint for abusive debt collection practices, they're guaranteed $1300 off the bat by the FDCPA (Federal or State or both), win or lose. The suit can include punitive damages for "mental stress". And people should always, always ask for a jury trial in cases like these.
tomm2thumbs
(13,297 posts)always good to hear what is out there
magical thyme
(14,881 posts)curious only. I have never and will never have a capital one card!
BlueCaliDem
(15,438 posts)or absolve them from adhering to those laws - something they agreed to abide by when they began the business of issuing credit cards.
If you tell them in writing that you are not allowed to have personal phone calls and personal visits at work, they must abide by that or they'll be in violation of the Rosenthal FDCPA. As the original creditor, they don't have to (but usually do) honor your request not to contact you at work in whichever way. However, in California, they can be sued if they ignore your request to not be contacted at work.
My post addressed the Rosenthal Fair Debt Collection Practices Act which is only valid in California. Most States don't have their own FDCPA; one that includes the original creditor as well as third party collection agencies. In California, being the original creditor doesn't protect them against a lawsuit should they violate your rights under the law when they're in the process of debt collection.
madokie
(51,076 posts)I have two debit cards that I use though. Very seldom do I write checks anymore. We never keep much cash on hand either. I don't really see a need to
El_Johns
(1,805 posts)can change the terms anytime we like without telling you."
I used to wonder how such 'contracts' could be legal but everyone seemed to swallow them whole so I stopped caring.
I don't use credit cards, and that's why. fuck em all.
Vashta Nerada
(3,922 posts)bravenak
(34,648 posts)I was going to say they should try that in Florida and Texas, they'll change their minds right quick.
oldhippie
(3,249 posts)I would think that a practice of showing up unannounced at one's door would be very short lived here where I live in Texas. On the very rare occasion that someone shows up at my door uninvited, they usually leave as soon as possible.
okaawhatever
(9,462 posts)than blackmail. When you're down on your luck and you need to not pay a few bills, Cap one will make sure you know they'll come to your job (which you'll be afraid of losing) so you'll pay your cap one bill before you pay for food. Please, be outraged by this. I've been in the loan biz for years and the Cap One and HSBC stories are the absolute worst.
oldhippie
(3,249 posts)First of all because I am retired. And even when I was working they would have to get past the gate and guards on my military installation, then past the gate and guards at my secure compound, then past the guard and electronic lock on my building entrance, and then figure out the cipherlock on my personal office door. Unexpected visits were not an issue at my workplace.
But, you do have a point for most working people.
Lizzie Poppet
(10,164 posts)And just because they show up doesn't mean I'm letting them in...
Not that it will matter for long, as after learning about this, I['m canceling my card.
bravenak
(34,648 posts)Don't mess with Texans.
TexasTowelie
(112,204 posts)While I was living in Brenham, there was an anti-social neighbor who answered his door with a shotgun during the middle of the day and I doubt that many people would be afraid of me since I'm a tall, skinny guy.
okaawhatever
(9,462 posts)RB TexLa
(17,003 posts)an individual and a company?
X_Digger
(18,585 posts)Eleanors38
(18,318 posts)in an attempt to collect a debt?
Response to Eleanors38 (Reply #67)
WillowTree This message was self-deleted by its author.
RB TexLa
(17,003 posts)action.
People can collect debts anywhere.
Eleanors38
(18,318 posts)From my experience in Texas, a collector cannot come to your work place and dunn you. I don't think it had much to do with 4A, but is nevertheless a tortious offense.
RB TexLa
(17,003 posts)even if FDCPA didn't prohibit it, many workplaces are not open to the public and for those that are most would not allow this. If I own a coffee shop I would tell collectors trying to discuss a debt with an employee that they are disrupting my business and ask them to leave.
Under FDCPA when calling a work number for a debtor you can only say who you are with, who you wish to speak with and if they can call you back if you leave or give a message for the person. Same thing if you call their neighbors or visit their neighbors.
Eleanors38
(18,318 posts)ForgoTheConsequence
(4,868 posts)He'll yell homophobic slurs at you until you pay up.
Jefferson23
(30,099 posts)Then call them to tell them, bye bye.
woo me with science
(32,139 posts)freshwest
(53,661 posts)As long as it's just corporations doing this, it's all cool with the American people. They've proven this over and over...
jazzimov
(1,456 posts)Forget about your Constitutional rights - as soon as you sign your name you give all of them up. Haven't you ever read the fine print? Do you actually read the Agreements before you check "I Agree" before you download anything?
Art_from_Ark
(27,247 posts)I doubt that anyone could foresee the future when they originally signed on the dotted line.
El_Johns
(1,805 posts)"and we don't have to tell you."
which is pretty much a part of a lot of contracts I've seen in recent years.
Art_from_Ark
(27,247 posts)"We reserve the right to stalk you"
El_Johns
(1,805 posts)want, without telling you, and you've agreed to it in advance.
I can't even see how it could be legal, but apparently it is.
Art_from_Ark
(27,247 posts)However, I had always been under the impression that a disclaimer like that could only mean things like "We can change the interest rate from 19% to 29%" or "We can increase the minimum payment at our discretion", which in themselves is still kind of sneaky. I would never imagine. though, that they could take it upon themselves to stalk me. Like you, I don't see how that can be legal.
democratisphere
(17,235 posts)lastlib
(23,238 posts)democratisphere
(17,235 posts)Orrex
(63,213 posts)grahamhgreen
(15,741 posts)TheMathieu
(456 posts)Logical
(22,457 posts)don't have to talk to me but I can show up. I can also call you and block caller id.
I don't even have to warn you I will do these things.
Beartracks
(12,814 posts)... things that they can already do -- things that ANYone can already do. Why even put that kind of filler in a contract?
=====================
Logical
(22,457 posts)Earth_First
(14,910 posts)Why every American has not invested in their local Credit Union is baffling.
Many CU's have opened enrollment to friends of family member's of current CU members.
Quit banking with bankers!
L0oniX
(31,493 posts)The only thing is ...most of them require that you have an acceptable non default credit rating.
Earth_First
(14,910 posts)I was not aware of this, I'll have to read up on this.
Perhaps this is something that members need to discuss with their CU's and develop a program which would allow potential members access to the Union and rebuild credit worthiness.
A lot of banks prey on individuals with less-than-perfect credit through many times, no fault of their own. Perpetrating a vicious cycle of debt and exorbitant fees associated with the predatory practices.
Thanks for the information. I'll have to read up on it.
L0oniX
(31,493 posts)Wife has a bankruptcy and is not allowed to join my CU.
brett_jv
(1,245 posts)Nothing even involving them giving out 'credit', they still require a high credit score just to 'bank' with them at all?
Wow ... that's kinda rough ...
L0oniX
(31,493 posts)No fee checking and debt card. CU's are socialist in that all members share interest in the CU. In a sense all loans come from the members deposits. It is a non-profit org. Those that have bad credit report marks for not making payments on time or defaulting ect are not accepted. Your borrowing from the members not the Fed. My cc is 6.9% ...my refinanced car loan is 3.9% ...mortgages at 4.9% can be typical.
adirondacker
(2,921 posts)most upbeat, friendly and personable. I can call, get an answer by a human within 5 rings, and know my balance in under 2 minutes.
They harken the day when my Mom went to the local small bank in town and the president was the loan officer. I recall he gave her a mortgage that was affordable even when she was making $100.00/week. Of course that bank was bought out and eventually closed.
Art_from_Ark
(27,247 posts)And secondly, not all banks are as bad as the big ones. The bigger they are, the worse they get, it seems, so if my bank is ever gobbled up by a behemoth, I'll park what little money I have in it elsewhere.
tabbycat31
(6,336 posts)But in my case it would be extremely impractical. I travel for months at a time, and I like knowing that there's a branch wherever I end up.
ms.smiler
(551 posts)So just imagine a few years down the road, when Capital One sells off account information of accounts that may or may not be in default. Debt collection companies could claim the same right to not only call consumers, but visit them as well at home and at work.
Oh lovely.
Spitfire of ATJ
(32,723 posts)Oops...
drm604
(16,230 posts)Others will follow, until the only way can get a credit card from anyone will be to agree to similar onerous contracts.
I haven't put a cent on my credit card in years. It's there strictly for an emergency.
treestar
(82,383 posts)That is void.
truebrit71
(20,805 posts)They can try and change the language in the "contract" (it's not technically a contract if only one side has all the bargaining chips) anyway they like, it still doesn't undo/supercede the law of the land...they cannot show up at your place of employment, they cannot call your place of employment once you notify them that you are not permitted to receive those types of calls, they may not use deceptive methods on the phone, and if they show up personally at your home, well, good luck with that...
TexasTowelie
(112,204 posts)we need to scream and shout since they are in clear violation of the law and Cap1 should be criminally prosecuted.
Eleanors38
(18,318 posts)tomm2thumbs
(13,297 posts)My guess is it is an attempt at intimidation, not 'debt collection' per se ... and they find that if they phrase it properly that they will be able to get away with at least sending the 'threat' to visit you just to 'say hello' as a means to collect debt. They'll say 'see your contract? you signed it. we can come say 'howdy' and shoot the breeze with you now at your work'
Just curious if are doing this within a small slice of allowance, given that they have lawyers who have no doubt looked this over and thought it relevant enough to include...
Major Nikon
(36,827 posts)I'm not saying it's not in there, but I couldn't find it. The only thing I found that seems relevant is...
(a) COMMUNICATION WITH THE CONSUMER GENERALLY. [div style="display:inline; background-color:#FFFF66;"]Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt
--
(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antimeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3)[div style="display:inline; background-color:#FFFF66;"] at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
...
So it sounds as if they can contact you at your place of work unless they know your work prohibits it.
Paragraph 1 looks kind of interesting. Just send them a certified return receipt letter informing them the only convienient place and time to contact you regarding debt collection is on the corner of Main and Elm street between the hours of 2-3 am on the 3rd Tuesday of every month.
treestar
(82,383 posts)Major Nikon
(36,827 posts)But the legislation suggests that the employer has to opt out rather than opt in. This certainly could be the case with a lot of employers as they often impose limitations on personal business during company time, but all the debt collector has to do is say they weren't aware of any specific policy and I'm sure they are not going to ask.
L0oniX
(31,493 posts)rocktivity
(44,576 posts)Last edited Wed May 1, 2019, 04:34 PM - Edit history (2)
Leaving "deposits" of cut-up cards on their front steps while a plane flies over: "Guess What's NO LONGER In Our Wallets?"
rocktivity
840high
(17,196 posts)like bullies.
Beartracks
(12,814 posts)... at least send Alec Baldwin?
==================
hatrack
(59,587 posts)Along with a special message saying "FUCK YOU".
passiveporcupine
(8,175 posts)until they have the cash to purchase things, they would spend a lot less on their purchases, and banks would not have the power they have today.
I haven't had a credit card for over ten years and it hasn't hurt me one bit. Are there things I am doing without that would make my life easier and more pleasant? Sure, but having the stress of credit card debt is not easy either. Owing people money (even my home mortgage) makes me terribly anxious. My mortgage is the only debt I have. And guess what. If you aren't paying interest on credit cards, that money can be applied toward your principle to pay your mortgage down sooner, so you pay less interest there too.
Credit sucks. I know there are times it's useful, but most of the time it's just an easy way to accumulate possessions and debt.
I bank with my credit union too. I would have my mortgage with them, but they don't do mortgages...just home equity loans.
LAGC
(5,330 posts)Ten years ago I wrecked my credit -- long story short: an "emergency" came up which caused me to max out 4 credit cards ($10K limits each) which I never was able to pay back. The collectors hounded my family for years, until they realized they weren't going to be able to collect.
7 years later, the defaults dropped off my credit report and I was desperate to rebuild my credit, but still no one would give me a credit card because of "lack of credit history." Turned out, it was CapitalOne that finally gave me a second chance. They had an excellent "secured" credit card program where you deposit X amount of dollars with them and they give you a credit card with a limit of whatever you deposit plus $149. So with $500 down, I got a $649 credit limit card. Then, as you keep paying the balance off every month, they report that good behavior to the credit bureaus.
After just 9 months I was able get an UNSECURED Discover card (which is amazing, because they were one of creditors I defaulted on!) then later an UNSECURED Citibank card, although Chase (another one I defaulted on) and its affiliates still have me blacklisted for life, apparently. (Fuck Chase!)
Anyway, I know it's par for the course to criticize the big banks and lending corps (and yes, many of them are horrible), but I'm going to give CapitalOne the benefit of the doubt here. They helped me turn my credit around, with a FICO score below 500 clear up to 780 now and climbing. Once I reach 800 I'm thinking of getting their 1.5% cashback Quicksilver card.
Am I concerned about this new language in their contract agreement? Not really. In fact, if I ever did default and couldn't pay it back again, I'd prefer someone came to my door so we could have a face-to-face conversation, so I could explain myself and hopefully get the collection calls to stop. The biggest problem with dealing with them over the phone is that if you ignore them they just keep selling your debt to other collection agencies and the calls continue non-stop. But maybe a face-to-face could arrange some sort of freeze on your debt, so that you could pay them back directly once your financial situation improved. I'd have no problem paying back my original creditors I defaulted on 10 years ago, except for they all sold my debt and have washed their hands of it! I don't see any good reason to pay these loan-shark collection agencies that bought my debt for pennies on the dollar, but if the original creditors had worked with me and put a freeze on my debt, I'd have no objection paying them back. I'm just thinking a face-to-face meet by them directly wouldn't necessarily be a bad thing if arrangements could be worked out. I'm assuming they'd never come back once you convinced them you were in no condition to settle yet. But I could be wrong.
kcass1954
(1,819 posts)in a position to negotiate with you, nor will he give a fuck why your payment is late. He'll only be there to harass and intimidate you.
brett_jv
(1,245 posts)Forgive me, but let me ask in a jocular sort of way, and as someone who also just happened to have an "emergency" around that same time ... so ... is everything all cleaned up now? The whole time period from 9/11 through Kerry's "loss" in Ohio ... was an awfully stressful/painful time for us Progressives
LAGC
(5,330 posts)And I'll just leave it at that.
brett_jv
(1,245 posts)As it happens, around that time there were certain ... uh ... entities available that, it turned out, amounted to just a whole heap of trouble for certain sensitive people who found themselves hard-pressed to endure the suffering through the GOP control of the entire operation of our government, illegal wars, stolen elections, apparent false-flag operations ...
The pain inherent in that particular timeframe ... was palpable. It seemed to require extraordinary 'relief measures' ... but sadly, the assistance available was, shall we say, a double-edged sword ... as 'relief' so often is ...
letmebefrank
(16 posts)And every single person here thinks it's perfectly ok - or that somehow, if the creditor has the audacity to stop by to see what is going on, that is worse than the person who ran up a huge bill they couldn't pay and then defaulted? I really think everyone here on this thread is nuts. If someone owes me thousands of dollars, stops replying to mail, phone calls, or email - of course I am going to make an attempt to track them down and figure out what's going on.
In reading the posts here, it sounds like people on this board think walking away from a contractual obligation and hiding from a creditor is FINE but dear god, if the creditor actually tries to find out why they're being swindled, it's pitchforks?
When I started my business back in 1998, I went stretches of several MONTHS between any measureable income. One day someone from my mortgage company stopped by, because I hadn't made a payment in almost 2 months. With a disconnected phone, nobody could reach me. They had every right to do so - and truth be told it probably saved my house AND my credit.
Silent3
(15,216 posts)Regardless of what the company is saying about the contract as PR when asked, the wording of the contract doesn't say anything about these tactics being employed only under certain circumstances, like being way behind on payments and already having avoided contact by other means.
The contract is claiming for Capital One the right to visit you at home or at your place of work at any time, for any reason, and to spoof you with fake caller ID and play other tricks on you at their own discretion as well. People should be pissed about that.
ms.smiler
(551 posts)financial system.
I dont know about you, but Ive been an American my entire life and the American people are a hard working, honest and unfortunately trusting people. We are not a nation of deadbeats.
If we are talking a default on a credit card contract, it is more likely the financial institution violated the contract than the card user. If we are talking a mortgage contract, it is also more likely the mortgage contract was violated on the creditor side than the homeowner side of the transaction.
It is not card users or homeowners who are committing felonies by submitting robosigned documents in lawsuits - that would be the financial institutions.
Given that you are new to DU and unfamiliar with this fine community, I can assure you that I doubt a single member believes contracts should be dishonored and every one of us Im certain looks forward to the day when financial institutions actually honors contracts as well as all Federal law and the laws of our 50 states.
WinkyDink
(51,311 posts)Eleanors38
(18,318 posts)and try to collect. That is different than from going by a residence. See #31 above.
HangOnKids
(4,291 posts)Classic!
Ghost in the Machine
(14,912 posts)information. This one must have "burned a mole" recently. It's just MY tinfoil hat theory that the username doesn't go far enough, and is more like "letmebefranksolich". I've seen him brag about having a "mole" herenthat made it all the way to Moderator status on the old DU, and, if I remember correctly, a host and on the MIRT team here.
I could be totally wrong, too, in which case I apologise in advane to the poster, as I *can* see his point of people racking up tens of thousands of dollars they know they can't pay, then just defaulting and not paying on the card and avoiding calls and not returning mail. That *is* a kind of fucked up thing to do.
Peace,
Ghost
brett_jv
(1,245 posts)Dropping by the house they own to find out what's up w/you when you've stopped paying is one thing. In all likelihood that was part of the original contract you signed, matter of fact.
That's a LOT different from a credit card company you owe some money to (in all likelihood < $10K) asserting a brand new right (via a RIDER) to drop by your WORKPLACE to discuss your account status, or to 'spoof' calls as though they're coming from someone else entirely.
The first scenario is fairly reasonable, whereas the second ... is bullshit.
littlewolf
(3,813 posts)TroglodyteScholar
(5,477 posts)IF you never carry a balance, and therefore never have to pay fees, you do them MUCH more damage by continuing to be that kind of customer with them. They call customers like that "freeloaders."
If you have been paying them fees of any kind, however, canceling is the best way to hurt them. Just make sure you don't hurt your own credit, too....
quinnox
(20,600 posts)I noticed an earlier post that was saying they had a good experience with Capital One, and I also have had no complaints. I have a credit card through them and they have been a good company.
rhett o rick
(55,981 posts)quinnox
(20,600 posts)I think it probably is just more "legalese" that company lawyers told them to put in.
You know, they can write anything they want to in those contracts. It doesn't mean it can or will ever be enforced.
rhett o rick
(55,981 posts)Fuck Capital One and the horse it rode in on.
quinnox
(20,600 posts)I am aware of it being in the running for worst company in America at consumer sites. I am just saying my experience has been good with them. I am not saying others haven't had different and much worse experiences.
If Capital One ever did any of those silly things to me re:the OP, which I don't think they ever would, then of course I would cancel the card immediately.
another_liberal
(8,821 posts)That will be one "personal visit" some Capital One lackey will not soon forget.
oldhippie
(3,249 posts)The "personal visit" to my home could be very entertaining. I almost want to get a Capital One card.
But, as I mentioned above, I think the practice would be pretty short lived in Texas.
Hoppy
(3,595 posts)so I could cut it in half and send it back. But I don't feel to bad.... they were one of the listed creditors when I went bankrupt.
barbtries
(28,795 posts)jeez.
Kablooie
(18,634 posts)tomm2thumbs
(13,297 posts)I'm sure someone can correct me if I'm wrong -- sometimes you can sign up with a family member's status, if one of you is a teacher, etc... other times, I believe you can simply apply and there is some alternate box to check off that will let you in the door to various credit unions out there
this may help
http://www.mycreditunion.gov/about-credit-unions/Pages/How-to-Join-a-Credit-Union.aspx
Kablooie
(18,634 posts)tomm2thumbs
(13,297 posts)get them scissors ready... <g>
lpbk2713
(42,757 posts)They can take their little plastic card and insert it sideways.
Thanks for the info. I'll remember them.
I get unsolicited offers from them weekly.
IAmKirak
(36 posts)tomm2thumbs
(13,297 posts)sounds like a great online counter-advertisement slogan....
Eleanors38
(18,318 posts)madrchsod
(58,162 posts)i owed around 200 but i had to include them. no more phone calls.
Moostache
(9,895 posts)Want to see them run up the card to its limit with donations for local foodbanks and when they come looking for the money, sorry Capital One, I do not have any because you fuckers stole it all out of my accounts back in 2007-2008. You should not have given out the card in your greedy search for new victims you fools!
Just what exactly is the difference between these banks and the mafia?
I will not lose a second of sleep worrying about people ripping them off for a change...
Turbineguy
(37,332 posts)"we can do anything you can't stop us from doing."
Sounds like some corporate wanker has figured out another clever way to lose customers.
mbperrin
(7,672 posts)State law prohibits the use of harassment and abusive collection tactics. It is illegal for any debt collector to:
threaten violence or other criminal acts;
use profane or obscene language;
falsely accuse the consumer of fraud or other crimes;
threaten arrest of the consumer, or repossession or other seizure of property without proper court proceedings;
use the telephone to harass debtors by calling anonymously or making repeated or continuous calls;
make collect telephone calls without disclosing the true name of the caller before the charges are accepted.
https://www.texasattorneygeneral.gov/consumer/debt_collection.shtml
This is just one fine reason I have no credit cards and I teach my economics students they don't need one, either. Ever.
LAGC
(5,330 posts)If you have no credit history, you get bent over a barrel on everything from car insurance rates to car loans. Good luck trying to buy a house, and many landlords check it as well. Even some employers use it these days to screen applicants.
Better to have and keep a couple cards with at least $5000 credit limit, but never carry a balance.
mbperrin
(7,672 posts)used a bank to finance any of them. In these days of .2% CDs, many people are glad to take a note on property at 5% and waive all the "usual" closing costs, points and all that.
I have taught over three decades, and the school system never seemed to worry about my utter lack of credit history.
I worked for banks for several years, didn't like it, and decided to shun them. Never looked back.
tomm2thumbs
(13,297 posts)Thanks for posting -- shows what kind of jerks are running their operation, no?
brett_jv
(1,245 posts)I maxed out the card because I lost my job about 1 year after I got it (had been making payments on time for that year) + I had health problems & simply couldn't pay them ... it's OVER 9 years since I charged anything on the card ... they never could sue cuz they couldn't find me (I moved out of state) & now they're past the statute of limitations to do anything, though they've finally actually found me ... now they contact me ALL the time.
IOW, almost 10 years later, Capital One STILL has this collection agency after me, mailing me, calling me ... I offered 'em $225 to settle, the LEAST they would take to settle was $575 (even though originally I only borrowed $500) and taht was after multiple counter offers and a woman on the line who was clearly desperate to 'close the deal' but that was the absolute lowest she could go ... we'll see how that all shakes out, I suspect I'll hear from some 'manager' pretty soon who's willing to take my low-ball offer but ... who knows.
They have absolutely ZERO leverage on me ... my credit is pretty much shot to begin with because of a very rough few years around that time (including some large tax liens) so it's not like I 'care' that much about clearing up this debt (honestly don't need 'good credit' for much of anything ATM), plus they're years past the SoL, plus the credit agencies SHOULD remove the negative info re: this account anyways (>7 years) ... and yet still the collections people think they're going to get back every cent I borrowed and then some ... I just find it humorous that they think the ball is still somehow in their court ... these guys oughta take WHATEVER I'm willing to give them at this point, cause they got NOTHING in the way of recourse. Almost positive the collection agency contacting me didn't even get account until after the 7 years had passed, so they probably 'bought it' from Cap. One for like pennies on the $$$.
I'm presently in the process of telling the credit agencies to remove any negative info coming from that account since it's been > 7 years since any activity has happened ... we'll see how that goes. In theory, they will do as I asked because I believe that's 'the law'. I'm hoping once Capital One (or the collectors) get a notice from all the credit agencies saying 'prove that there's been acct. activity in teh past 7 years else we remove the negative marks' and they discover that they CAN'T provide such proof (and hence any negative's on my credit reports will disappear), they'll come to their senses and accept my generous offer
AFA this actual 'story' goes, I hope EVERYONE that can possibly get out from under their tyrannical yoke by moving their debt to other cards or just paying them off DOES SO, because THIS?!? Is some serious bullshit ...
ms.smiler
(551 posts)The debt is uncollectible, legally void now. Ill explain this scam to you. Capital One extended you credit and you made use of that credit. Capital One bundled your account with thousands of other accounts and securitized it, sold it off to investors and made money on both sides of the deal, from you and the investors.
Capital One purchased insurance for themselves so when you defaulted, they charged off the debt and collected the insurance. Then they made a bit more money by selling off your account information and collection rights to a debt collection company for pennies on the dollar.
That debt collector will attempt to collect from you the entire amount plus fees and interest. So while the debt might have been $500, the debt collector only paid possibly $10 for the right to collect. And here you are offering them $225.00.
Did you ever do business with that debt collector? Did you ever sign a contract with them? Do you know for a fact they now own the debt? Did you convince that company to injure themselves by buying your debt? Are you aware that $225 paid on a $10 injury is considered Unjust Enrichment in law?
Do you know that in addition to the debt collector, Capital One themselves most likely could not prove in a court that you owe any amount of money?
My suggestion to you is continue with your effort to clean up your credit report and to send a Cease & Desist letter by Certified mail to the debt collection company and cease communicating with those scammers. Midland is notorious for collecting time barred debt so Im wondering if its that company.
And if they dont follow the law and continue to call, use your money in a productive way rather than just to enrich scammers. Put it use by filing a Complaint in your local District Court and sue the scammers. Make them pay you. Violating the FDCPA is good for $1,000.00 plus your filing fee.
LAGC
(5,330 posts)Like clockwork: they call right at the stroke of 8am, then every few hours, sometimes as late as 9pm.
Instead of ever answering or sending them a cease-and-desist notice, what I did instead was just assign their number to a silent ringtone. This way I'm never bothered and it helps tie up their resources, so that they aren't bothering some other poor shmuck instead.
It's been happening non-stop for over a month now. We'll see how long they keep at it before they realize I'm a dead-end.
ms.smiler
(551 posts)And if they havent called you yet with an Unknown or Anonymous number, see if you are able to block such callers or assign a special ring tone. Their autodialer makes no determination regarding whether or not you are a dead-end. It simply calls, and calls and calls, month after month, year after year.
The status quo might suit you but it wont lead to any money. I think a Certified letter costs about $5.00. If it were me, Id be wondering if it was worth five bucks to see if Midland would violate the FDCPA so I could sue them for $1,000.00. They are notorious because they so often violate law so the $5 doesnt seem too risky to me.
brett_jv
(1,245 posts)It's not Midland in this case, though I 'settled' another credit card debt from the era with them a few years back, probably shouldn't have in retrospect but I rid myself of about a $5000 debt with a payment of around $600, so it seemed a good idea at the time ... pretty sure that was > 7 years after the last activity on the account as well though. This time they're called Portfolio ... and no, I have no way of knowing that they properly bought the account from Cap 1. For all I know, they just look at people's credit reports and 'pretend' to 'own' the debt. How could I find out something like that?
Anyways, I initially offered just $100, they started negotiations at around $800 (they say the debt is for almost $2K but that's nearly all interest since I only borrowed $500), then they went down to like $625 and I said "how about $225", and they still said no, and came back with $575, final offer. I said 'hay-ell no' basically, and surprisingly, they just went on their merry way, wouldn't touch my offer or make a newer, lower one.
So, are you sure that if I've not done ANYthing with that account since 9 years ago, the Credit Agencies will have to take this stuff off my account, and that I'm within my rights to send a C&D letter to the Collectors, and legally they'd have to oblige cause of the 7+ years thing?
It was worth $100 to me to get them to quit bugging me and to have the acct marked as 'settled in full' but if I can get Experian, et al, to remove the negative info, and get these goons to quit calling me with a letter, than that's even better. You're sure I can just tell 'em to quit calling via letter, and they have to do just that? That'd be sweet.
On Edit: I just created a copy of the letter recommended in this post, and will be mailing it 'certified' tomorrow. This make sense to you?
http://www.ripoffreport.com/r/Portfolio-Recovery/internet/Portfolio-Recovery-Portfolio-Recover-Associates-How-to-DEAL-with-these-people-Internet-964545
Again, thx for the advisement
ms.smiler
(551 posts)Ive been researching mortgage/foreclosure/securities fraud for hours per day, on a daily basis for the past 5 years, and I couldnt help but learn about the debt collection racket.
Oh, Portfolio Recovery would have been my third guess. Neither company is anywhere close to reputable. From what youve presented it appears they are improperly and illegally calculating interest. Naughty, naughty.
Its so charming actually, how trusting we Americans can be in financial matters. Rather than negotiate with these scammers, you should adopt a different view. You have no idea if Capital Ones records were correct, or any idea of who may have purchased any debt, or any amount that company may have paid for the debt, or what interest could lawfully be charged on the debt. You also have no guarantee that if you pay on the alleged debt, it will be updated to paid in full on your credit report.
The prudent approach you should take to this alleged debt is to deny the debt. When the debt is challenged and denied, the burden of proof falls to the party claiming the existence, ownership and amount of the debt. Tell Experian this is not your debt and to remove the incorrect information.
And if the information on your credit report is not valid and accurate, you actually have grounds to sue for wrongful reporting on your credit. And that $2,000.00 doesnt appear lawful and accurate to me.
Scroll and check your state: http://statuteoflimitationsoncreditcarddebt.com/
Yes, you can stop the unwanted calls with a Cease & Desist letter. If the debt collector continues to call, you can sue them under the FDCPA for $1,000.00 plus the filing fee.
On one side of this are consumers who simply may or may not owe money to some party somewhere, but on the other side are banks and debt collectors who daily violate state and Federal law.
hobbit709
(41,694 posts)brett_jv
(1,245 posts)Though I guess they pretty much all do this sort of thing so I'm not going to say they're any more unethical in this regard as any other credit card company.
My wife actually just reminded me that after HER bankruptcy, Cap One were the first to offer her a decent, unsecured card, so ... there's that.
Does anyone know if 'putting me on her card(s)' helps build my credit at all and if so what's involved there?
MADem
(135,425 posts)Javaman
(62,530 posts)ProdigalJunkMail
(12,017 posts)just the credit union debit and USAA Visa... megabanks suck.
sP
KinMd
(966 posts)Tom Rinaldo
(22,913 posts)this is in regards to Capital One messing around with caller ID functions to get around them as they threaten to. And if Capital One can do it, others can also. I tell everyone that I screen my calls so talk to my answering machine, I might pick up. Worst case: someone I want to talk to leaves a message and I call them back.
nolabels
(13,133 posts)That is comedy, obviously the lawyer writing this shit doesn't know how caller ID works. I have had it with all the bastards who think they can dish out junk calls. My call blocker works just wonderfully and if it doesn't show who you are you don't get answered, period.
Adrahil
(13,340 posts)tabbycat31
(6,336 posts)But I see a good use for such laws. Better to stand your ground against bankers than teenagers.
cbdo2007
(9,213 posts)The obvious solution here is to just not do business with Capital One if you don't like their terms. If enough people don't like their terms, they'll change them, but it's not like there aren't 50 other credit card companies or banks out there you can use. Best plan to avoid this altogether is to get out of debt and stay out of debt, especially credit card debt.
CountAllVotes
(20,874 posts)And I mean good. I did just that and it shreds credit cards and other cards as well (has a special slot on the top of it).
If I had a Capital One credit card, said shredder would have done some work already!
What the hell next?!!!!!!
& recommend.