WOW --- This is too big for me to understand. Cap1 problem...

[gymbo731]

Hey guys -

I am going to explain this the best that I can. If anyone has any information on this, please let me know. I think I am wayyyyyy over my head. BTW - I live in NY state.

Background - Ok, so I have a capitalone credit card. It was charged-off a couple of years ago. I didn't pay this debt, and ended up with a default judgment on my CR. It is not past the SOL. Now, I am looking to pay off this debt, and maybe even ask for deletion. There is an attorney that was calling me about this debt. Their name is Rubin & Rothman. Nasty people!

So... now I want to settle and pay this debt. You would think it would be easy...but I dug myself very deep. I sent letters to capital one, and R&R. R&R sent me back some statements, my signed application, and some judgment papers. Cap1 sent me a letter stating that an outside company, TSYS, is handling the account, and I should call 1-800-260-1706. When I called Capital One, they transferred me right away and wouldn't talk with me. I would rather deal with the OC, then collectors anyday!

I am assuming that TSYS hired R&R to collect on this debt. So I called the number that Cap1 listed on the letter they sent me and they said they were the National Attorney Network, (NAN). They then in turn, told me to contact Rubin and Rothman. There are so many different companies involved in this thing, it is crazy!!!!! All I want to do is ask the correct person for a PFD, and ask the right person if they would consider filing a stipulation at the courthouse for a motion to vacate the judgment. R&R wrote back to me and said that they don't report to the credit agencies, and they can't remove the tradeline from my CR, because they are not the information furnisher.

So since cap1 in the letter said TSYS was handling the account, I sent a few emails to people there. I got some back, and they have never heard of me, and don't have any records of my account! I included in my email to them my cap1 account number. The person also contacted their finance department, and they have no record of me.

See how confusing this can get.....

I did a search for the NAN on the TSYS website, and found out that NAN is a division of TSYS Debt Management. They have a website of www.nan.net. I have been looking up email addresses to send to them to find out more information. But the more I look, the harder it gets. I did a whois for the nan.net website to see who owns it, and it says that it is registered to a company called NCO Financial Systems Inc. Their website is http://ncogroup.com/. I have been checking on the BBB website, and none of these companies exist, or they are not accredited. It just seems the deeper I dig, the harder it gets. At this point I don't know where to go, and what to do. Even if I wanted to file a complaint, I don't know who it should be under. It just seems like one company owns another company owns another company. I want to send emails and letters to the CEO's and Presidents of these companies, but I am not sure anymore which company I should be dealing with!

I think in the end I will just have to deal with R&R because they at least have all my contact information. I don't know how they ended up with the account though. I rather not deal with them because they are very, very rude. I actually think some of the things they do are illegal. But I still don't know who I should be contacting if I want the judgment vacated, and the tradeline off my CR. In the court papers R&R sent me, it says Capital One is the plaintiff, Rubin and Rothman is their attorney, and I am the defendant. (side note - I don't think I was ever served, because I would have remembered that!)

If anyone can help explain this situation to me, or give me any guidance, I would appreciate it. I am sorry for the long post, but this thing is getting to go way over my head, and I don't know where to turn anymore. Is anyone else has a charged off cap1 card, the same situation prolly applies.

Thanks for reading!!

 

[BungalowMo]

Greetings Gymbo!!

I am really sorry to hear of your problems with Crap 1 (my pet name for them).  

I went into default with them several years ago & ended up calling & paying them directly.  Seems nowdays they have more $$ for attorneys because I contacted them WAY late...like close to 1.5 years past the CO date.

Anyway, I don't have any experience with a judgement, but I know cap1.  They won't delete.  Unfortunately.

Has that attorney's office sent you anything in writing?  What are they asking for a payment?  Do you have to go to court?  

If I were you, I'd keep this as quick and painless as possible.

I do wish you luck!  I hope this goes quick.....

[Anonymous]

I have just been going through this with my own account with Capital One.  Only mine was refered to Blatt, Hasselmiller, Leibsker and Moore LLC.

I NEVER got anything in the mail about a judgement placed on my account.  I dont understand how they can do that legally.  I just happened to pull my credit report and there it was. 

Now, I wished I would have found this website before I paid my judgement off, because from what I have learned, it doesnt make a difference if you pay it off or not your credit score will not increase.  Anyway,  This company sent a garnishment on my wages.  That is when I had it.  I decided that I would just pay the damn thing off.  When I called this company they were very eager to give me the information that I needed to pay the account in full.  I simply went to a Western Union place, paid it and then tried to call them back with a conformation number.  I was told that it was too late in the day to give them the information, so I called the next day.  They already had the number.  So I wasted my time.  I payed this off the the beginning of this month and they still have not reported this to the credit bureau or to the court house.  And get this,  After paying this in full for $1152.  I pulled my credit report again and now I have a outstanding balance of $47 on my Capital one account.  I tried to call Cap 1 and they sent me directly to this company again, who inturns sends me to a answering machine that ends up disconnecting me everytime I call.   I did finally beg someone at capital one to send me to there collections department to look up my account, and guess what?   They don't have a account for me, yet I am still being charged and reported too on a month basis.   Now that's screwed up.   I feel your frustration.   

My advice...Dont pay it!!!  it will drop off after 7 years.

[Anonymous]

---

@gymbo731 wrote:

Hey guys -

I am going to explain this the best that I can. If anyone has any information on this, please let me know. I think I am wayyyyyy over my head. BTW - I live in NY state.

Background - Ok, so I have a capitalone credit card. It was charged-off a couple of years ago. I didn't pay this debt, and ended up with a default judgment on my CR. It is not past the SOL. Now, I am looking to pay off this debt, and maybe even ask for deletion. There is an attorney that was calling me about this debt. Their name is Rubin & Rothman. Nasty people!

So... now I want to settle and pay this debt. You would think it would be easy...but I dug myself very deep. I sent letters to capital one, and R&R. R&R sent me back some statements, my signed application, and some judgment papers. Cap1 sent me a letter stating that an outside company, TSYS, is handling the account, and I should call 1-800-260-1706. When I called Capital One, they transferred me right away and wouldn't talk with me. I would rather deal with the OC, then collectors anyday!

I am assuming that TSYS hired R&R to collect on this debt. So I called the number that Cap1 listed on the letter they sent me and they said they were the National Attorney Network, (NAN). They then in turn, told me to contact Rubin and Rothman. There are so many different companies involved in this thing, it is crazy!!!!! All I want to do is ask the correct person for a PFD, and ask the right person if they would consider filing a stipulation at the courthouse for a motion to vacate the judgment. R&R wrote back to me and said that they don't report to the credit agencies, and they can't remove the tradeline from my CR, because they are not the information furnisher.

So since cap1 in the letter said TSYS was handling the account, I sent a few emails to people there. I got some back, and they have never heard of me, and don't have any records of my account! I included in my email to them my cap1 account number. The person also contacted their finance department, and they have no record of me.

See how confusing this can get.....

I did a search for the NAN on the TSYS website, and found out that NAN is a division of TSYS Debt Management. They have a website of www.nan.net. I have been looking up email addresses to send to them to find out more information. But the more I look, the harder it gets. I did a whois for the nan.net website to see who owns it, and it says that it is registered to a company called NCO Financial Systems Inc. Their website is http://ncogroup.com/. I have been checking on the BBB website, and none of these companies exist, or they are not accredited. It just seems the deeper I dig, the harder it gets. At this point I don't know where to go, and what to do. Even if I wanted to file a complaint, I don't know who it should be under. It just seems like one company owns another company owns another company. I want to send emails and letters to the CEO's and Presidents of these companies, but I am not sure anymore which company I should be dealing with!

I think in the end I will just have to deal with R&R because they at least have all my contact information. I don't know how they ended up with the account though. I rather not deal with them because they are very, very rude. I actually think some of the things they do are illegal. But I still don't know who I should be contacting if I want the judgment vacated, and the tradeline off my CR. In the court papers R&R sent me, it says Capital One is the plaintiff, Rubin and Rothman is their attorney, and I am the defendant. (side note - I don't think I was ever served, because I would have remembered that!)

If anyone can help explain this situation to me, or give me any guidance, I would appreciate it. I am sorry for the long post, but this thing is getting to go way over my head, and I don't know where to turn anymore. Is anyone else has a charged off cap1 card, the same situation prolly applies.

Thanks for reading!!

 

---

You would do better to deal with the entity listed on the judgment as the judgment creditor or the judgment creditor's attorney. 

My understanding is that you want to pay this judgment off and, in return, perhaps have the judgment vacated and removed from your credit report.  Is that correct?  If so, you really do need to deal with either the listed judgment creditor or the attorney listed on the judgment. 

Now, you mentioned no memory of having been served.  What you could do is to file a Motion to Vacate (in NY called an Order to Show Cause) with the court and have the judgment vacated.  You can download a form directly from the NY Unified Court System and it is pretty much self-explanatory.  Of course since the SOL in NY is 6 years, they could probably turn around and sue you again, but before it got to that you'd pay them off so they could not obtain a new judgment. 

Once you file the Order to Show Cause the clerk will schedule a "traverse hearing" during which you establish that you were not served or were not served properly.  Usually this is a bit difficult, but lately because of the sewer service issue in NY the courts are more inclined to believe the judgment debtor over the judgment creditor.  In any event, CrapOne or whomever the judgment creditor is will probably not be too inclined to spend additional $$ in defending your motion and will likely take your offer to pay the debt.  You then modify your Order to Show Cause to allege defective service and the following meritorious defense: "no debt exists".

By the way, if R & R used ALP as their process server, you automatically win!  No court will dare validate any process served by ALP.  Also, I think the NY Attorney General has his sights on R & R.  I seem to remember they are the target of an AG investigation.

If you do file the Motion to Vacate and R & R does show up, if the court finds that service was defective make sure to ask the court to have the judgment vacated and the creditor's cause of action dismissed "with prejudice." 

Message Edited by O6 on 02-26-2010 05:44 PM

[GordonShumway]

---

@Anonymous wrote:

I have just been going through this with my own account with Capital One.  Only mine was refered to Blatt, Hasselmiller, Leibsker and Moore LLC.

I NEVER got anything in the mail about a judgement placed on my account.  I dont understand how they can do that legally.  I just happened to pull my credit report and there it was. 

Now, I wished I would have found this website before I paid my judgement off, because from what I have learned, it doesnt make a difference if you pay it off or not your credit score will not increase.  Anyway,  This company sent a garnishment on my wages.  That is when I had it.  I decided that I would just pay the damn thing off.  When I called this company they were very eager to give me the information that I needed to pay the account in full.  I simply went to a Western Union place, paid it and then tried to call them back with a conformation number.  I was told that it was too late in the day to give them the information, so I called the next day.  They already had the number.  So I wasted my time.  I payed this off the the beginning of this month and they still have not reported this to the credit bureau or to the court house.  And get this,  After paying this in full for $1152.  I pulled my credit report again and now I have a outstanding balance of $47 on my Capital one account.  I tried to call Cap 1 and they sent me directly to this company again, who inturns sends me to a answering machine that ends up disconnecting me everytime I call.   I did finally beg someone at capital one to send me to there collections department to look up my account, and guess what?   They don't have a account for me, yet I am still being charged and reported too on a month basis.   Now that's screwed up.   I feel your frustration.   

My advice...Dont pay it!!!  it will drop off after 7 years.

---

If there is a judgement, there is a papertrail. Find that papertrail.

Finda consumer layrer via naca.net. Talk to him, the initial consult is always free.

Someone swore in court they seved you. If they didn't, ask to vacate the judgement becuase someone purgered hiself.

Depending on the state you are in, you might want to remove becuase you were not served correctly.

These collection lawyer prey on getting default jugement, by not serving, sending to the old address from 5 years ago, in the wrong state. there are many variables that can help you.

NEVER, EVER, EVER send payment via WesternUnion and the like. YOU don't have a confirmation of payment.

FIY, Once you paid, even if the debt is no yours, you can;t get it back. And in this case, the CA can report whateven it wants to Cap1.

[gymbo731]

I actually live near Buffalo. They filed the case in Buffalo city court, but I thought it had to be a federal court? Maybe I am mistaken. Does anyone know anything about that?

Can I send my payment to them using a certified check?

[GordonShumway]

---

@gymbo731 wrote:

I actually live near Buffalo. They filed the case in Buffalo city court, but I thought it had to be a federal court? Maybe I am mistaken. Does anyone know anything about that?

Can I send my payment to them using a certified check?

---

Let me suggest that you first go to naca.net and find a CIvil Lawyer in your area and do a free phone colult with him. That will probably clear things for you.

[Anonymous]

---

@gymbo731 wrote:

I actually live near Buffalo. They filed the case in Buffalo city court, but I thought it had to be a federal court? Maybe I am mistaken. Does anyone know anything about that?

Can I send my payment to them using a certified check?

---

To file in federal court they need to meet certain requirements one of which is the amount has to be over, if I remember correctly, $75,000. 

Payment via certified check is fine.  Since they need to have an office near Buffalo, too, I'd deliver it in person.  Have them sign and notarize a General Release, a Satisfaction of Judgment and a receipt for the money and then give them the check.