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    elcangri1102's Avatar
    elcangri1102 Posts: 2, Reputation: 1
    New Member
     
    #1

    Apr 15, 2010, 10:47 PM
    Capital one is suing me
    Capital One is suing me for $6000 when I really owed them about $3000 and tried to pay it off at once. The reason why stopped paying them was because they wouldn't take my payments because they had told me that my account was flagged as fraud and I fouhgt with the fraud department send them copies of my ID and documents and they continued to claim it was fraud. Now Im being sued here in California. I am retired I don't own a home all I have is my social security benefits what to do?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Apr 16, 2010, 03:45 AM

    Credit card companies flag for fraud alert when a card holder has reported lost or stolen cards, so the fact that they had applied this doesn't mean they would reject your payment, so something doesn't add up here. Your original debt may have been $3000 but has escalated into 6 because of interest charges. It must be an old debt.

    Tick
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 16, 2010, 04:39 AM

    Yes, sorry story does not fly. If it was flagged for fraud, it was because you flagged it, they would still take payments to your account from you.

    So if this is fraud, go to court and prove that it was not you that made the debt and the law suit will be over.

    If you owed the debt, have a better story then this for the judge, or at least returned checks they would not accept, letters from them saying they would not accept your payment.

    Yes it is very common for a debt to double or more with late fees, interest and legal fees added.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 16, 2010, 04:54 AM
    Quote Originally Posted by elcangri1102 View Post
    I am retired i dont own a home all I have is my social security benefits what to do?
    Hello e:

    Do?? Do nothing. You're judgment proof. They can't get anything from you, so why worry?

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Apr 16, 2010, 05:31 AM

    While I agree with excon that you are may be judgement proof, since parts of your explanation don't make sense, I would not do nothing. I would answer the summons with an Intent to Defend. I would then get all the documentation you have showing you tried to pay but it wasn't accepted. In the meantime you can try working out a settlement with them.
    elcangri1102's Avatar
    elcangri1102 Posts: 2, Reputation: 1
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    #6

    Apr 16, 2010, 09:07 AM
    Quote Originally Posted by Fr_Chuck View Post
    yes, sorry story does not fly. If it was flagged for fraud, it was because you flagged it, they would still take payments to your account from you.

    So if this is fraud, go to court and prove that it was not you that made the debt and the law suit will be over.

    If you owed the debt, have a better story then this for the judge, or at least returned checks they would not accept, letters from them saying they would not accept your payment.

    Yes it is very common for a debt to double or more with late fees, interest and legal fees added.
    I never told capital one the charges weren't mine I accepted all charges. The issue was they didn't think it was me using the CC. I have letters from capital one stating the account was frozen due to fraud.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Apr 16, 2010, 09:12 AM

    It's frozen from charging on it; it's not frozen as far as making payments.

    If you go over your credit limit the card is frozen. That doesn't mean you don't owe for your purchases.

    You are going to lose this argument with Capital One. I would attempt to negotiate a settlement.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Apr 16, 2010, 10:02 AM

    This still doesn't make sense. If Cap One suspected fraud, but you acknowledged responsibility for the charges, then why wouldn't they lift the hold immediately. And why wouldn't they accept payments?

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