Your not gonna believe this one!

[daisey]

I had a claim posted on the PACER today. I pulled it up to look at it........Hummm very interesting.........Capital One Auto Finance..........9834.00 We have never had a loan with Capital one Auto Finance. I did have a loan with Onyx Acceptance on the vehicle listed on the claim. I did wreck that vehicle and I did pay them the money owed, via insurance. THis was over 8 years ago. I do have proof that payment was made and my attorney wrote an objection to the claim. Talk about snakes! We can't even figure how how they knew to process a proof of claim since they were not notified of the BK............oh wait we did have a capital one credit card we filed on..........but still how did capital one get the idea that the loan we owed to Onyx Acceptance corp. was going to be paid to them as well..............

[quietsound]

more than likely when you filed on the one capital one account and they received the paperwork regarding to send in proof of claim, they ran your social security number or numbers and that is how it came up. I can't tell you if Onyx is affiliated with capital one or not.

Shouldn't the insurance company have records to prove that they cut you a check and/or paid off this vehicle?

oh they come out of the wood works! and to be honest your talking 8 years ago. capital one could have bought out Onyx

[daisey]

I contacted the insurance company and they faxed proof of payoff to the attorney, so its all taken care of, but still what snakes. I have a letter here from onyx stating that the debt had been taken care of, and they thanked me for paying the additional 3 grand out of pocket that insurnace did not pay. Some snakes will try anything. Kick a man when he is down, I don't feel bad one bit for the 300 we owe capital one on our credit card we filed on. Most of that was because they lost a pay off check and then I had to fight with them to get it corrected and they wouldn't withdraw the overlimit fees and late pays that racked up......... They wonder why people get in to these messes, yes we may have made some bad calls but they do not help folks avoid bankruptcy that is for darn sure.

[BassBoy]

Just an FYI daisey, Capital One and Onyx Acceptance are one in the same. Capital One bought/merged Onyx Acceptance in late 2004 (if I recall correctly).

[quietsound]

i'm not a lawyer but if this company knowingly and willingly knew this amount of money was already paid, wasn't it against the law for them to file a false claim?????

[SinkingFast]

I know it's easy to think CapOne knew what happened. That the loan was indeed paid. But this was probably a "Techie" error on their part.

CapOne get's notice of your BK. Some Technician enters your SSN into the system. Up pops the CC you have and the auto loan thru a company CapOne acquired. The Technician doesn't follow the paper trail on the car loan to see that it's paid. Poof!! You have a claim for a Secured Loan.

Still, you'd think the dates would been a tip-off to the person pulling the info. But,.......... People do make mistakes.

[quietsound]

well the trustees sure come down hard on the rest of us when there are mistakes on the debtors end!