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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Capital One Credit Card Debts

    My question involves collection proceedings in the State of: Arizona

    I had two different credit cards with Capital One a few years ago. I was making payments on them every month and things were going fine. Eventually, I lost my job in September 2009 and was unable to make payments, but was definitely trying to work with the company. Unfortunately, both of my cards went into collections and were eventually sent to other companies. I was able to pay off the one card after I got money for school in August 2010, but never heard from the other company who had my second account. I called Capital One and they said they had no idea who had my account and that they were unable to help me.
    Finally, in November 2010, I received a phone call from someone saying they were with Gurstel Chargo Attorneys at Law and said that I was about to be sued because of the debt. I was skeptical to believe them as they couldn't give me any information on what the credit card number was or anything that could lead me to believe that they weren't a scam. I asked for them to call me back the next day when I would be able to make a payment.
    Days went by and I never heard from them. After googling their company, I got a phone number and called them back. They said that I could avoid the lawsuit if I were to pay $200 a month. I still did not have a job at the time and couldn't afford payments this large so I said I couldn't do it. They asked me to compose an email explaining my financial situation and that they would give me an extension.
    It wasn't until January 25, 2011 that I heard back from them again. I had gotten a job (only making $400 a month) so I told them that I could set up automatic payments. They "assessed" my income and determined that I could afford $209 a month! As this was impossible because they wanted their payment by January 27th, I told them that they would have to wait.
    On February 4, 2011, I received a letter dated JANUARY 21 (before the date they told me to make the payment by) saying that my case had been dismissed without prejudice! I didn't even know they filed a case! They told me that they would (just like they all threaten to do), but I never received anything about a case actually happening. The weird thing is is that the dismissal from the county was dated January 25. The dates just don't fit!
    As I have been busy with school and work, I haven't been able to get to the court where the case was filed so I haven't been able to ask them what is going on. Today, I received a bill from Capital One looking for the full balance! It's as if I've been getting these bills every month! Also on the bill, it lists the court costs! How can they charge ME for court costs that I 1. didn't know about and 2. they didn't win! The case didn't go anywhere.
    Each time I have talked with Gurstel, I have asked them why I am not contacted more often or how I can contact them and I get a different number every time. I'm wondering what I should do. Do I get a lawyer, do I contact Gurstel, or do I contact
    Capital One? After googling some things, I found that it might be possible to have the case dismissed with prejudice since I was not aware of the case, but I'm really confused of what to do! Help please!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Capital One Credit Card Debts

    If your contract permits them to charge you court costs associated with efforts to collect overdue amounts, then they can charge you court costs per your contract.

    If the case was dismissed without prejudice, that's what happened. You can't turn back the clock and get it dismissed with prejudice.

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