Capital One deliberately PARKING Charged off Credit Card account to a law firm Brachfeld Associates. This is an attempt by Capital One to scare and mislead Cardholder that a lawsuit is in progress from a law firm. This false and misleading act is in violation of Fair Debt Collection Practices Act § 807 (3). CAPITAL ONE IS ALSO REPORTING SAME CREDIT CARD TO 3 BUREAUS VIOLATING FCRA §603(d(2).There exists no written, oral, electronic evidence of any signed credit card agreement between me and CO.
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Monday, August 23, 2010
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CAPITAL ONE'S TRICK OF PARKING CHARGED OFF CREDIT CARD AC # 5178-----3897 TO A LAW FIRM
CAPITAL ONE IS DELIBERATELY PARKING CHARGED OFF CREDIT CARD AC # 5178-----3897 TO A LAW FIRM WHEN THERE IS NO LAW SUIT AGAINST ME FROM THEM AT THIS TIME. This is their dirty trick to scare and mislead Cardholder that a lawsuit is in progress from a law firm By this act Capital created false representation or implication that any individual is an attorney or that communication is from an attorney. Capital One's this false and misleading act is in violation of Fair Debt Collection Practices Act § 807 (3).
a) It all started with several phone call in 2008 form Brachfeld & Associates, a collection law firm assigned by Capital one to collect money from me. They made several calls at my residence threatening me with lawsuit. Requested them to provide what amount I owe, any agreement that gives that authorizes them to file lawsuit against me and a complete billing statement. They refused and wanted me to pay amount I owe to Capital One (as per them) to avoid law suit. They thought that I am an easy target and they can twist my hands to settle with them.
b) Brachfeld and Associates's Mission statement from their website states,“When B&A calls, the debtor listens! When a debtor receives a call from our Law Office giving them the legal alternatives should they not pay their debt, they have no alternative but to pay up, or expend their own time and money to defend themselves. Our legal staff will remind the debtor of the ramifications a lawsuit may involve, such as, depositions, liens, writs of execution and the waste of time and money spent on their attorney's hourly billings. They are better off to pay you what is owed.”
NOT SO EASY MS. ERICA BRACHFELD. I HAVE BETTER ALTERNATIVES. I didn't listen, you listened to me
c) Finally Brachfeld & Associates filed lawsuit against me on behalf of Capital one in Dec 2009. Summon was left on the door. I didn't ignore summon and immediate contacted court and Brachfeld & Associates, They were again twisting my arms to settle the case out of court.
d) The person in charge of my account Mr. Ed Macintosh left a message like this “ You have no other alternative. Pay us or go to jail”. The call was traced to a bar and Ed left message from there after 6:00 PM PST. Next day I called Mr Ed and spoke with him (on record). Later after I filed documents in court in response to lawsuit on 03/16/10, called him again. He was not a happy camper because of my response to court. He thought that I will ignore the summon and they will get a default judgment or I will work out some deal with them. Sorry Mr Ed, that you lost your commission from Brachfeld & Associates.
e) Here are register of Court actions;
12/05/08 Complaint - Collections Filed
12/05/08 Civil Case Cover Sheet Filed for Capital One Bank (USA) N.A.
12/05/08 Summons on Complaint Issued and Filed
03/02/09 Proof of Service on Complaint Filed
03/04/09 Answer to Complaint Filed for defendant
03/05/09 Initial Case Management Conference 04/21/2009 08:30 AM D- 18
03/05/09 Notice of Assignment of Judge for All Purposes Issued
03/16/09 Proof of Service by Mail Bill of Particulars Filed
03/16/09 Separate Document Demand for Bill of Particulars Filed
04/06/09 Proof of Service by Mail Filed
04/06/09 Case Management Statement of defendant Filed
04/06/09 Case Management Statement of Capital One Bank (USA) N.A. Filed
04/06/09 Request Re: Dismissal w/o prejudice - entire action Filed
04/06/09 Request Re: Dismissal w/o prejudice - entire action entered
f) As you can see, Capital One and Brachfeld & Associates realized that too much information I am demanding which they don't have and will cost then time and money. So they asked for dismissal without even going before judge. Case was dismissed without prejudice on April 04, 2009. They lost $350 Filing fee, Process sever fee $100-200 and Paralegal fee at the minimum.
g) Since then Capital one is deliberately PARKING my account to Brachfeld and Associate, a law firm, even though no lawsuit pending from them now. Whenever call is placed with Capital One customer service # 800-258-9319, always route my call to TSYS/National Attorney Network (800-260-1706). National Attorney Network is a subsidiary of TSYS and ultimately call lands to Brachfeld and Associates (866-787-1618), a law firm. Even when I am able to get hold of a life representative, tells me to contact National Attorney Network/TSYS.
h)This is a dirty trick of Capital One to scare and mislead Cardholder that a lawsuit is in progress from a law firm. By this act Capital created false representation or implication that any individual is an attorney or that communication is from an attorney. Capital One's this false and misleading act is in violation of Fair Debt Collection Practices Act § 807 (3).
a) It all started with several phone call in 2008 form Brachfeld & Associates, a collection law firm assigned by Capital one to collect money from me. They made several calls at my residence threatening me with lawsuit. Requested them to provide what amount I owe, any agreement that gives that authorizes them to file lawsuit against me and a complete billing statement. They refused and wanted me to pay amount I owe to Capital One (as per them) to avoid law suit. They thought that I am an easy target and they can twist my hands to settle with them.
b) Brachfeld and Associates's Mission statement from their website states,“When B&A calls, the debtor listens! When a debtor receives a call from our Law Office giving them the legal alternatives should they not pay their debt, they have no alternative but to pay up, or expend their own time and money to defend themselves. Our legal staff will remind the debtor of the ramifications a lawsuit may involve, such as, depositions, liens, writs of execution and the waste of time and money spent on their attorney's hourly billings. They are better off to pay you what is owed.”
NOT SO EASY MS. ERICA BRACHFELD. I HAVE BETTER ALTERNATIVES. I didn't listen, you listened to me
c) Finally Brachfeld & Associates filed lawsuit against me on behalf of Capital one in Dec 2009. Summon was left on the door. I didn't ignore summon and immediate contacted court and Brachfeld & Associates, They were again twisting my arms to settle the case out of court.
d) The person in charge of my account Mr. Ed Macintosh left a message like this “ You have no other alternative. Pay us or go to jail”. The call was traced to a bar and Ed left message from there after 6:00 PM PST. Next day I called Mr Ed and spoke with him (on record). Later after I filed documents in court in response to lawsuit on 03/16/10, called him again. He was not a happy camper because of my response to court. He thought that I will ignore the summon and they will get a default judgment or I will work out some deal with them. Sorry Mr Ed, that you lost your commission from Brachfeld & Associates.
e) Here are register of Court actions;
12/05/08 Complaint - Collections Filed
12/05/08 Civil Case Cover Sheet Filed for Capital One Bank (USA) N.A.
12/05/08 Summons on Complaint Issued and Filed
03/02/09 Proof of Service on Complaint Filed
03/04/09 Answer to Complaint Filed for defendant
03/05/09 Initial Case Management Conference 04/21/2009 08:30 AM D- 18
03/05/09 Notice of Assignment of Judge for All Purposes Issued
03/16/09 Proof of Service by Mail Bill of Particulars Filed
03/16/09 Separate Document Demand for Bill of Particulars Filed
04/06/09 Proof of Service by Mail Filed
04/06/09 Case Management Statement of defendant Filed
04/06/09 Case Management Statement of Capital One Bank (USA) N.A. Filed
04/06/09 Request Re: Dismissal w/o prejudice - entire action Filed
04/06/09 Request Re: Dismissal w/o prejudice - entire action entered
f) As you can see, Capital One and Brachfeld & Associates realized that too much information I am demanding which they don't have and will cost then time and money. So they asked for dismissal without even going before judge. Case was dismissed without prejudice on April 04, 2009. They lost $350 Filing fee, Process sever fee $100-200 and Paralegal fee at the minimum.
g) Since then Capital one is deliberately PARKING my account to Brachfeld and Associate, a law firm, even though no lawsuit pending from them now. Whenever call is placed with Capital One customer service # 800-258-9319, always route my call to TSYS/National Attorney Network (800-260-1706). National Attorney Network is a subsidiary of TSYS and ultimately call lands to Brachfeld and Associates (866-787-1618), a law firm. Even when I am able to get hold of a life representative, tells me to contact National Attorney Network/TSYS.
h)This is a dirty trick of Capital One to scare and mislead Cardholder that a lawsuit is in progress from a law firm. By this act Capital created false representation or implication that any individual is an attorney or that communication is from an attorney. Capital One's this false and misleading act is in violation of Fair Debt Collection Practices Act § 807 (3).
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