The Cauldron: A Pagan Forum (Archive Board)
May 18, 2021, 09:08:46 am *
Welcome, Guest. Please login or register.

Login with username, password and session length
News: This is our Read Only Archive Board (closed to posting July 2011). Join our new vBulletin board!
 
  Portal   Forum   Help Rules Search Chat (Mux) Articles Login Register   *

Welcome, Guest. Please login or register.
May 18, 2021, 09:08:46 am

Login with username, password and session length
Donate!
The Cauldron's server is expensive and requires monthly payments. Please become a Bronze, Silver or Gold Donor if you can. Donations are needed every month. Without member support, we can't afford the server.
TC Staff
Important Information about this Archive Board
This message board is The Cauldron: A Pagan Forum's SMF Archive Board. It is closed to new memberships and to posting, but there are over 250,000 messages here that you can still search and read -- many full of interesting and useful information. (This board was open from February 2007 through June 2011).

Our new vBulletin discussion board is located at http://www.ecauldron.com/forum/ -- if you would like to participate in discussions like those you see here, please visit our new vBulletin message board, register an account and join in our discussions. We hope you will find the information in this message archive useful and will consider joining us on our new board.
Pages: [1] 2   Go Down
  Add bookmark  |  Print  
Author Topic: Good thoughts needed  (Read 6417 times)
Phoenix
Adept Member
*****
Last Login:June 14, 2011, 05:51:50 am
United States United States

Religion: Pantheist
Posts: 1134


Blog entries (0)



Ignore
« Topic Start: August 23, 2007, 09:58:42 pm »

It would appear that I am the subject of a lawsuit.

It all started in April when I received a letter from a law firm requesting $193.18 to cure a default on an old credit card account.

Believing that the account had been settled a couple years earlier (when someone claiming to represent Capitol One called to settle the account and arranged to withdraw $1000 from my account for that purpose) and having recently heard a warning from the State Attorney General that there was a similar postal scam afoot, I was suspicious.

I e-mailed Capitol One’s Abuse Department asking if they could confirm or deny their association with this law firm.

On April 26, 2007 I received a letter from the law firm threatening a lawsuit if the sum remained un-paid in 7 days, so having received no response from Capitol One, I went ahead and paid them.

The following letter thanked me for curing my default and requested monthly payments beginning June 6.
I was quite willing to do this, but the letter made no mention of the amount of payment being requested, so I waited for them to send me that information.
As May drew to a close, I had received no such information and started to wonder if I had been a scam after all.

On June 5, I received a letter telling me payment was due, but I still had received no information as to the requested amount, so I sent them an e-mail requesting a quote on the amount of payment they wanted.

Their response neglected to answer that question; but asked for contact information, and left me with the impression that someone from their office would contact me with that information.

After another request, I finally did receive a quote in August -- after papers had been served.

Once I had an amount, I went ahead and paid them the requested amount for the past three months to bring the account up to date; and got a lawyer.

I gave my lawyer copies of all the communications between us and the checks I had sent them; and he said he would call them and try to work out a settlement on the issue. Then he was going to give me a call when he knew something.

That was over a week ago, and I haven’t heard anything from either of them (and, even after two e-mails, never did get an answer from Capitol One’s Abuse Department.).
But …. I got a letter from the Clerk of Court yesterday telling me to appear for a hearing on September 13 at 9:30 AM.

Logged

"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first."
- Ronald Reagan

Welcome, Guest!
You will need to register and/or login to participate in our discussions.

Read our Rules and Policies and the Quoting Guidelines.

Help Fund Our Server? Donate to Lyricfox's Cancer Fund?

Aster Breo
SIG Coordinator
Staff
Grand Adept Member
***
Last Login:January 29, 2013, 09:32:22 pm
United States United States

Religion: Feral Brighideach
TCN ID: Aster Breo
Posts: 5260


Avatar byJuni & Dania

Blog entries (0)


« Reply #1: August 23, 2007, 10:05:19 pm »

I gave my lawyer copies of all the communications between us and the checks I had sent them; and he said he would call them and try to work out a settlement on the issue. Then he was going to give me a call when he knew something.

Call your lawyer first thing in the morning!!!!!!!!!
Logged

"The single biggest problem with communication is the illusion that it has taken place."  ~ George Bernard Shaw
Celtee
Staff
High Adept Member
***
Last Login:May 02, 2013, 06:50:08 pm
United States United States

Religion: Wandering Seeker with Celtic and Hedgewitch leanings
TCN ID: SilverWolf
Posts: 4773


The lone wolf waits...

Blog entries (0)


« Reply #2: August 24, 2007, 12:54:36 am »

It would appear that I am the subject of a lawsuit.

<snip>

That was over a week ago, and I haven’t heard anything from either of them (and, even after two e-mails, never did get an answer from Capitol One’s Abuse Department.).
But …. I got a letter from the Clerk of Court yesterday telling me to appear for a hearing on September 13 at 9:30 AM.

I'll second what Moon Ivy said and will add that this sounds quite strange to me and not at all like something that's above board and honest.

Best of luck to ya with getting this straightened out.
Logged

"It's only forever
Not long at all"
~~Jareth

"Time may change me
But I can't trace time
I said that time may change me
But I can't trace time"
Changes
~~ David Bowie

"Why do you have to be a nonconformist like everybody else?"
~~James Thurber
Jenett
High Adept Member
******
Last Login:February 23, 2020, 06:56:44 pm
United States United States

Religion: Priestess in initiatory religious witchcraft tradition
Posts: 2506


Blog entries (1)

WWW

Ignore
« Reply #3: August 24, 2007, 11:22:43 am »

It would appear that I am the subject of a lawsuit.

Besides talking to your lawyer, you may also want to contact your state Attourney General's office: there's a law about fair collection practices (and that includes providing you with specific information, you have the right to ask for it in writing, etc.)

I'm been working with a consumer credit counselling service (one of the reputable ones: they've been fantastic) after issues with a creditor last fall where they repeatedly refused to give me stuff in writing, placed high pressure on me, had false information about my available resources, etc, and the AG's office was  also very helpful. (The counselling service negotiated payments, and handles all communications with the collections folks, which makes me much saner: they also had a much easier time getting actual information out of them.)

If you've only got a single account that's at issue, the lawyer is probably your better bet, but in case anyone else reading this is having issues, I'm happy to discuss further in PM or email.

(Post-divorce debt not fun. I kept my retirement accounts as well as the debt, so the numbers technically balance out, but they don't exactly count as ready funds.)
Logged

Blog: Thoughts from a threshold: http://gleewood.org/threshold
Info for seekers: http://gleewood.org/seeking
Pagan books and resources: http://gleewood.org/books
Dania
High Adept Member
******
Last Login:July 17, 2008, 08:11:47 pm
United States United States

Religion: Gwyddon Seeker
Posts: 2895


Queen of Hare-Brained Schemes

Blog entries (4)

WWW

Ignore
« Reply #4: August 24, 2007, 11:35:06 am »


this sounds VERY fishy, VERY not above board, and downright illegal. And the fact that they got a letter from the court to appear in a hearing makes it very serious.

They can't simply demand monthly payments from you or else they sue you. I can't say "I demand that you give me money every month or I'm going to sue you" for no reason.

I would: call your lawyer. call Capital one again, and *do not hang up the phone until you get an answer*. Call the district attorney. Call everyone you can think of who could possibly help you, and document everything.
Logged


gayars
Adept Member
*****
Last Login:January 27, 2009, 02:40:16 pm
United States United States

Religion: Christian Witch
Posts: 1083


My baby :)

Blog entries (0)



Ignore
« Reply #5: August 24, 2007, 05:50:21 pm »

It would appear that I am the subject of a lawsuit.

Do you have your paperwork from the original 1000 dollars that was removed from your account? Even a bank statement, anything?

That might be handy to have as well!

Gina
Logged

Chihuahuas are like Napoleon, small and think they can rule the world.  If in doubt, just ask them.  They will tell ya Smiley
Aster Breo
SIG Coordinator
Staff
Grand Adept Member
***
Last Login:January 29, 2013, 09:32:22 pm
United States United States

Religion: Feral Brighideach
TCN ID: Aster Breo
Posts: 5260


Avatar byJuni & Dania

Blog entries (0)


« Reply #6: August 24, 2007, 09:58:37 pm »

I'm been working with a consumer credit counselling service (one of the reputable ones: they've been fantastic) after issues with a creditor last fall where they repeatedly refused to give me stuff in writing, placed high pressure on me, had false information about my available resources, etc, and the AG's office was  also very helpful. (The counselling service negotiated payments, and handles all communications with the collections folks, which makes me much saner: they also had a much easier time getting actual information out of them.)

Be very careful with these too.  We were working with a consumer credit counselling service that we had also thought (after much research) was reputable -- only to be totally scammed by them.  We are now in the midst of a Better Business Bureau complaint against them.  At least they're responding to that.
Logged

"The single biggest problem with communication is the illusion that it has taken place."  ~ George Bernard Shaw
SunflowerP
Staff
Grand Adept Member
***
Last Login:May 05, 2021, 06:20:17 pm
Canada Canada

Religion: Eclectic Wicca-compatible religious Witch (Libertarian Witchcraft)
TCN ID: SunflowerP
Posts: 5485


Blog entries (0)

WWW
« Reply #7: August 24, 2007, 11:29:16 pm »

It would appear that I am the subject of a lawsuit.
Eww, major suckage, and quite the mess.  (Also a reason for what's in my wallet to not be Capital One.)

I have no advice other than what folks have already stated.  Be the stubbornest son of a gun in the valley (feel free to desanitize that if your mother won't mind), and keep every scrap of anything resembling documentation.

(((Phoenix)))

I hope you get this straightened out soon.

Sunflower
Logged

Don't teach your grandmother to suck eggs!
I do so have a life.  I just live part of it online.
“Selfishness is not living as one wishes to live, it is asking others
to live as one wishes to live.” - Oscar Wilde
My blog "If You Ain't Makin' Waves, You Ain't Kickin' Hard Enough", at Dreamwidth and LJ
Jenett
High Adept Member
******
Last Login:February 23, 2020, 06:56:44 pm
United States United States

Religion: Priestess in initiatory religious witchcraft tradition
Posts: 2506


Blog entries (1)

WWW

Ignore
« Reply #8: August 25, 2007, 12:33:29 pm »

Be very careful with these too.  We were working with a consumer credit counselling service that we had also thought (after much research) was reputable -- only to be totally scammed by them.  We are now in the midst of a Better Business Bureau complaint against them.  At least they're responding to that.

This is one that's been around 20 years, and also had really good recommendations from a couple of friends who had recent experience with them. But yes, research is absolutely necessary. (Consumer credit counselling can also do things to your credit rating: companies view the use different ways: some think it's good that you're working on paying stuff off, others give it a penalty. I don't recommend it for every situation, but I think there are times it makes sense.)
Logged

Blog: Thoughts from a threshold: http://gleewood.org/threshold
Info for seekers: http://gleewood.org/seeking
Pagan books and resources: http://gleewood.org/books
Phoenix
Adept Member
*****
Last Login:June 14, 2011, 05:51:50 am
United States United States

Religion: Pantheist
Posts: 1134


Blog entries (0)



Ignore
« Reply #9: August 25, 2007, 09:43:36 pm »

Call your lawyer first thing in the morning!!!!!!!!!
And tell/ask him what?
According to the CC on the bottom, he got a copy of the letter, so he knows about it.

Everything I've posted here is condensed from three pages of notes (including names, dates, copies of e-mails (with their headers), and copies of the checks (to prove that I was willing to pay once they quoted me an amount) that I have sent them) that I gave to my lawyer.

My lawyer has mentioned that he knows the other lawyer involved (Charles Litow of the Litow Law Firm in Cedar Rapids); and I'm wondering if maybe he didn't like the answer he got when he asked for a cash settlement and decided to take it to the judge

I'm also wondering if the fact that he has dealt with Mr. Litow before might be the reason I was guided to see him instead of the lawyer I was originally intending to see
Logged

"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first."
- Ronald Reagan
Phoenix
Adept Member
*****
Last Login:June 14, 2011, 05:51:50 am
United States United States

Religion: Pantheist
Posts: 1134


Blog entries (0)



Ignore
« Reply #10: August 25, 2007, 09:50:25 pm »

this sounds quite strange to me and not at all like something that's above board and honest.

That's part of why I decided to get a lawyer.
That, and I figure collection agencies make their money by talking people into agreeing to things on their terms without getting legal advise on what their rights and options are

It may have been an oversight, but was almost like they intentionally neglected to tell me how much they wanted. They say they told me that in a letter dated May 3 (which I don't remember seeing), but I have copies of two e-mails after that date requesting a quote on the amount, which they failed to provide until after papers were served
Logged

"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first."
- Ronald Reagan
Phoenix
Adept Member
*****
Last Login:June 14, 2011, 05:51:50 am
United States United States

Religion: Pantheist
Posts: 1134


Blog entries (0)



Ignore
« Reply #11: August 25, 2007, 09:57:30 pm »

They can't simply demand monthly payments from you or else they sue you. I can't say "I demand that you give me money every month or I'm going to sue you" for no reason.

I was always under the impression that they couldn't touch you as long as you made a reasonable effort to pay, and I did bring the account up to date once they gave me an amount (and yes, they did cash the check)
Logged

"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first."
- Ronald Reagan
Dania
High Adept Member
******
Last Login:July 17, 2008, 08:11:47 pm
United States United States

Religion: Gwyddon Seeker
Posts: 2895


Queen of Hare-Brained Schemes

Blog entries (4)

WWW

Ignore
« Reply #12: August 25, 2007, 10:22:13 pm »

I was always under the impression that they couldn't touch you as long as you made a reasonable effort to pay, and I did bring the account up to date once they gave me an amount (and yes, they did cash the check)

That's what I've heard too. It seems like they just WANTED to sue you. Especially since you say everything was paid up before, right? AND every request you made for information was ignored, that can't all happen by accident. Are you sure Capital One even had anything to do with this? Or is this a "rogue collection agency"?
Logged


Phoenix
Adept Member
*****
Last Login:June 14, 2011, 05:51:50 am
United States United States

Religion: Pantheist
Posts: 1134


Blog entries (0)



Ignore
« Reply #13: August 25, 2007, 10:50:37 pm »

That's what I've heard too. It seems like they just WANTED to sue you. Especially since you say everything was paid up before, right?

I told them I intended to make a cash settlement, but wasn't going to commit to an amount until I had gotten legal advise on the subject, and had my lawyer call them to negotiate a settlement
I suspect they didn't like that; I they wanted me to call them, where they could talk me into agreeing to things on their terms.

Quote
AND every request you made for information was ignored, that can't all happen by accident. Are you sure Capital One even had anything to do with this? Or is this a "rogue collection agency"?

According to their website, they provide collection services for Discover Bank, Citibank, US Bank, Capital One Bank, and Bank of America.
« Last Edit: August 26, 2007, 12:17:02 am by Star, Reason: Fixing quote code typo » Logged

"It has been said that politics is the second oldest profession. I have learned that it bears a striking resemblance to the first."
- Ronald Reagan
Celtee
Staff
High Adept Member
***
Last Login:May 02, 2013, 06:50:08 pm
United States United States

Religion: Wandering Seeker with Celtic and Hedgewitch leanings
TCN ID: SilverWolf
Posts: 4773


The lone wolf waits...

Blog entries (0)


« Reply #14: August 26, 2007, 01:36:50 am »


I wish you well in your fight over this.  Best of luck to ya and kick their arse for em!
Logged

"It's only forever
Not long at all"
~~Jareth

"Time may change me
But I can't trace time
I said that time may change me
But I can't trace time"
Changes
~~ David Bowie

"Why do you have to be a nonconformist like everybody else?"
~~James Thurber

Donor Ad: Become a Silver or Gold Donor to get your ad here.

Tags:
Pages: [1] 2   Go Up
  Add bookmark  |  Print  
 
Jump to:  
  Portal   Forum   Help Rules Search Chat (Mux) Articles Login Register   *

* Share this topic...
In a forum
(BBCode)
In a site/blog
(HTML)


Related Topics
Subject Started by Replies Views Last post
Home issues - prayers/good thoughts needed
Prayer and Energy Requests
Guenthecat 5 3076 Last post April 24, 2007, 12:19:54 pm
by Guenthecat
Good thoughts needed for a kitty « 1 2 3 4 »
Prayer and Energy Requests
Celtee 47 10833 Last post May 07, 2008, 06:24:19 pm
by Aisling
Good thoughts needed for homeless friends
Prayer and Energy Requests
Sperran 4 1749 Last post December 05, 2008, 05:36:04 pm
by Kasmira
Good thought needed for unemployment hearing
Prayer and Energy Requests
Phoenix 14 3106 Last post September 03, 2009, 08:01:01 am
by RandallS
Moving...Good Thoughts Needed
Prayer and Energy Requests
Adele 7 2316 Last post July 17, 2010, 06:14:54 pm
by Adele
EU Cookie Notice: This site uses cookies. By using this site you consent to their use.


Powered by MySQL Powered by PHP Powered by SMF 1.1.21 | SMF © 2006-2008, Simple Machines
TinyPortal v0.9.8 © Bloc
Valid XHTML 1.0! Valid CSS!
Page created in 0.069 seconds with 49 queries.