Capital One collection techniques

[Anonymous]

Hello everyone! I was in the mortgage forums long ago when I was buying my home, but watch these boards all the time.

I have a question for someone with much more experience out there:

Background: I have a Capital One CC that I pay off in full, every month, never been late. I also purchased a home by short sale in March with my soon to be DH. The woman we purchased the home from signed her documents before we had out closing and I have never met her.

A few months ago, I started receiving phone calls from Cap1's collection department on my personal cell phone, and the collection person asks for the previous owner of my home. I have had discussions with this collection guy that calls and have told him (after confirming he was actually with Cap1) that the person he is looking for is a previous owner and that I have no idea where she is - but to stop calling me. The last two times they have called they ask for her and then hang up after I say they have a wrong number. I know it is them because the telephone number is always the same. Now, this past weekend the collection department sent a FedEx to my home, addressed to this former person.

At what point does this become harassment? Would any of you send a letter to the collection department (now that I have their address) to complain, and if so - what would you write?

Thanks in advance for any help! 

[Anonymous]

You need to write a letter to the return address of the FEDEX and:

1.  include an "immediate cease and desist" request from all communication by either phone or in writing, and include the phone number they are contacting you at, and your home address.

2.  Put them on notice that the party they seek was the previous owner, is not at this address nor phone number and that you have no forwarding information.

3.  Send this CMRRR.

Do not have verbal communications, they get you nowhere.  If they continue after they have received the letter, then you need to file complaints with the BBB, possibly the FTC and State AG.

Be sure to check your CR's for any signs of it being reported on your CR due to address/phone matching.

[Anonymous]

Oh, you are good. My only worry here is that Cap1 will think it's a C&D on my current card also - the only one that I have that is a bank card, but which I am not opposed to dumping for a better one. I suppose that is the price I should pay for making sure I am not associated with this woman - or her credit problems.

Thanks TX for your help!

Message Edited by NcsstyBrdsIngnty on 11-23-2009 01:04 PM

[Anonymous]

You cannot cease and desist an OC on your own account....only on a CA.  The OC has the right to contact you (as agreed in terms) just within certain limits such as time of day, etc.

Be sure in you letter of cease and desist that you describe and identify the party in question as best as possible....EXPLAIN they are sending another person's confidential information to you.

I assume that you have this other person's name, possibly a few digits of the CC in question. 

ALSO:  Refuse any and all FEDEX, certified letters or other regular mail.  Reject them with "PERSON UNKNOWN....NOT AT THIS ADDRESS" and they will be returned to CapOne with that annotation.

You can also check with the post office to see if there is any forwarding order info (but this isn't required...just an extra step if you care to check) and provide that info to CapOne in an effort to get them out of your life (at least where your card is not concerned).

Good luck

Message Edited by txjohn on 11-23-2009 01:16 PM

[fishbjc]

Cap One co has been driving my mother CRAZY...calling and calling for my brother, who has the same first & last name as my fathers, different middle name.  I called the # myself & threw a biotch fit.  My dad has dementia & my mother recently had a serious operation.  They agreed to delete my parents phone #, it did take three days though to register.  I had a C&D letter all ready, which I believe I will send along just in case.

If a co wants to find the right person, they need to look harder.  Twits.