legal artist
08-01-2005, 10:56 AM
I swear, I am ready to go nuts over Capital One!:blink:
We filed C13 on July 14th, on July 13th I told Cap1 that we would be filing on the 14th, gave them attorney name, address and phone. They called on the 14th three times and I gave the case number and the attorney info again. I received 16 more calls up until the 24th at which time I told them that I had contacted the FTC (which I did). Today I received settlement letters from Cap1! Can they still do this? I can understand receiving a statement or letter within 10 days of filing as a cross in the mail, but when they have been given the information a bizzilion times doesn't that consistute crossing the line?
Lightning
08-01-2005, 01:42 PM
Anyone can lie and tell a creditor that they've filed for bankruptcy and give a fake case number and attorney name. If a reasonable amount of time has passed when they'd should have been notified of the filing, then you could file a complaint.
Minnymouth
08-02-2005, 05:55 AM
Check on pacer and see when the creditors was notified by the clerk that you had filed BK. Five days after this date (mailing time) is when they are to cease contact with you.
If they continue, notify your lawyer, he can remind them. If they persist, send them a certified letter, remind them their breaking the law by contacting you and further contact will result in legal action.
But be sure you do it all certified mail.....keep copies and receipts of sending it (all dated by the post office)...
Also hang on to the "settlement papers" they sent you with dates on them. The ones they sent after you filed!!
Keep us posted,
Minny:angel:
legal artist
08-03-2005, 05:20 AM
The funny thing is that the lawyers office did talk to them personally on the 20th of July. They STILL kept calling until I told them that I reported them to the FTC. Honestly? They may still be calling for all I know, we changed our phone number again after all the creditors had been notified in writing. I suppose I could look forward to a visit from my neighbors when they call them huh? arggghhh....
I faxed over the collection letters to the lawyers office yesterday. The part that really steams me is that the letters have no dates on them what so ever. I talked to the mailman and he said that if I meet him at the box each day he can stamp the mail with a delivery date for me. It seems like alot of effort, but these people are making my life miserable:cry:
Minnymouth
08-03-2005, 08:14 AM
:blink:
Those letters do have a post mark on them when they mailed them - and let the postman stamp them also with his delivery stamp.
May be useful in the future should they keep it up.
Send a certified letter telling them to "cease" or "be prosecuted".....they'll get the message.
Let us know what happens,
Minny
