Cap 1 ..2 judgement removed

[ktl72455]

I sent a email to the exec office with a few concerns I had about how thier attorney was handleing this and expressed my desire to clear these up and asked if they would have a problem filing a motion to vacte them since they were paid.

I never mentioned my summons. I only refered to the information contained in my credit report. Neither party OC or Attorney asked if I was serverd etc.

I got a call today from the exec office saying they were sorry it was so confusing and they cleared up questions and said once they were paid they would have the judgements rmoved and the 2 accounts would show 0.00 and paid . But the 2 accounts would remain.

I will take 2 removed judgements and a zero balance on 2 accounts!! 

the 2 charge offs will fall off my cr in 3 yrs!! I can live with that!

I also asked him to mail me a letter to everything that agreed on incase the attorney came back with something different. He said that wouldnt be a problem.Its going out in the mail to me Tuesday!

[Anonymous]

by judgement was it a collcetion account?

[ktl72455]

yep they were both collections and capital one sued me and placed 2 judgements against me with the courts.

[JCSC]

ktl72455  It is great to hear the good news of the judgments getting removed.  I am currently dealing with C1 for a judgment and the person I was talking to said they could not get the judgment vacated.  I wonder if it matter what state you reside in and the national attorney network they work with.

Could I ask how you were able to do so with them and would you send me the execs name and number to see if it would help me?  It would be much appreciated.  Thank you

Hope all goes well with the lawyers.

[Crossdivided]

99 times out of 100, when you are told they 'cant' remove an entry, they are referring to the COMPANY'S policy for altering/deleting the entry, not the actual legality of doing so (although they will phrase the answer in such a way that it sounds like their company isnt exactly making the decision). Although its not exactly the same thing, I spent years in retail mgmt, and at the end of the day if you can tell the customer no in a politically correct way, and save face for the company at the same time, you win. They key is to target your request to someone that has the authority to make exceptions (ie execs). I mean think about it, would you (Customer Service Rep #12345) being at the bottom of the company totem pole, want to stick your neck out and break company policy for some random dude you got a letter (or call or fax) from that you dont know from Adam? Just sayin...

That being said, it all boils down to the FCRA stating:

-If the entity has the right to make the entry in the first place, it also has the right to change it as it sees fit, but the reports MUST be accurate.

-Although IF they report, the report must be accurate, if states nothing requiring the entity at report AT ALL. Therefore, a PFD is NOT illegal, they simply retracting and not reporting the TL any more.

-Technically, when they agree to 'reage' a late payment (ie remove a 30 day late from anymonth/2010), they are NOT reporting inacurate information. What they are doing is actually "FORGIVING" that payment, and then reporting an ontime payment for that month, which is then accurate in the sense that THEY no longer acknowledge the late (ie they change THEIR records and then report that, not keep it as a late on their records and turn around and supply false records to the CRAs).

[ktl72455]

OMG Just made my day I have it in writting!!!

Re: Accounts ending in AAAA and BBBB

Case id XXAADD

Dear XXXX

This letter serves as a follow up to our telephone conversation on Friday 15, 2013. Please allow me to confirm what we discussed.

First and foremost, I am sorry to hear about the difficulty you had in getting payment information for these accounts. Please be assured that we have provided feedback to the appropiate area.

If we recieve a total payment of $2,776.20 by March  8, 2013, we will consider your account settled , stop collection efforts, and vacate the judgement.

To accept our offer, please make payment out to  Capital One Bank (USA), NA and send it to the follow address. Please be sure to include your 16-digit account numbers on the payment.

Law office of BBBBBBXX

VVVA

JJJ

If we recieve the $2,772.20 payment by March 8, 2013, we will contact the credit reporting agencies and request they update your credit file to reflect as "paid in full after charge off". We will also vacate the judgements with the courts. Please allow 60-90 days for this information to update.

We apprciate the opportunity to address your concerns. If you have any additional questions, you may contact ,me at 1800-00000

Sincerely,

fgfgfgfgg

Executive Response Commmittee

Capital One