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| Why I got sued by Capital One by Commander Tansin A. Darcos 06/14/2014, 1:11pm PDT | ||||
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| Back before there were prepaid cards and bank ATM cards ("check cards") with the Visa logo, and the bottom feeders of the credit industry were not offering cards to borrowers with bad credit, if you needed a bank card such as Visa or Mastercard and didn't have the credit rating to get one, you could obtain a secured card. You sent the bank an amount of money from $200 on up to anything you wanted, and that was your credit limit. They will put the funds in a suspense account and if you discontinue the card and pay back whatever is charged on the card, they send you your money back. So I opened one for enough to cover a car rental if I needed it, which is $500.
However, they will not allow you to close the account and have them set-off the amount due from the money they had on hand, no, you have to pay the account in full, close the account then they'll send you a refund. Well, it turned out I lost my job where I was working, and money was tight, so I asked Capital One to close my account which had about $400 on it, take it out of the $500 I gave them, and send me the difference. Oh no! Can't do that; I have to pay the entire balance in full before they'll close my account. Well, with not much money I couldn't do that. So, Capital One is hitting me for a late fee every month and interest. So, once the bill reaches $1500, they close the account, do the set-off they claim they couldn't do before, take back the $500, and sue me for the other $1000. I messed up on the response to their lawsuit so they ended up winning a default judgment, which I never paid. (I only made that mistake once; from then on whenever I got sued, the first thing I did was - whether or not I would show up in person at the first hearing - mail in a response to the court - which constitutes a valid appearance and prevents a default judgement - denying the validity of the debt and making a motion for a bill of particulars. A "bill of particulars" in a civil case is proof and evidence that the defendant owes the plaintiff the amount claimed to be due. (It means something entirely different in criminal cases.) In one case, a hospital that was suing me, when its lawyer was getting the information for the bill of particulars, discovered I had applied with the hospital for a charity waiver for the costs for my treatment and it had been granted, meaning they should not have sued me, so they moved to dismiss the case.) Capital One even tried to have my salary garnisheed from my prior employer. They're only about 18 months too late. I never did pay them anything extra, and they never collected on their fictitious debt. |
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Capital One Censored Samuel L. Jackson by 06/09/2014, 11:11pm PDT  Great detail in the boring story, brief mention of the interesting one? NT by 06/10/2014, 5:29pm PDT Why I got sued by Capital One by 06/14/2014, 1:11pm PDT EVERYONE watching that ad is waiting for him to say NT by 06/10/2014, 6:33pm PDT He could only say "motherfucker" on broadcast TV after 11 pm by 06/10/2014, 8:44pm PDT |
