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Capital One Sues Cardholder for $286 Million and Fails ... - 12/11/2010 11:15:29 AM   
pahunkboy


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Status: offline 		http://legalblogwatch.typepad.com/legal ... ppear.htmlLawsuit of the Day: Capital One Sues Cardholder for $286 Million and Fails to AppearCapital One Credit card debt collection actions are a dime a dozen. But it's not often that Jane Q. Consumer is accused of failing to pay a bank for running up charges to the tune of close to $300 million.Courthouse News Service has linked to a complaint filed Wednesday in a Pennsylvania state court, accusing Capital One of harassing Patrice Perry in an attempt to collect on unpaid credit card bills. Allegedly, Capital One didn't like that Patrice responded to their initial collection letters by hiring an attorney. At that point, the bank was seeking something in the neighborhood of $4,000.Not only did Capital One ignore the demand, under Pennsylvania's version of the FDCPA, that all future communications be with Perry's lawyer, continuing to make phone calls to her home, her office, and even some of her friends and relatives, but it kept arbitrarily changing the alleged amount due. Finally, Perry received a letter demanding payment of $286,651,237.00./snip
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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 12:02:59 PM   
Lucylastic


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Status: offline 		OH I hope she writes them a check pronto,
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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 12:07:07 PM   
pahunkboy


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Status: offline 		Chuckles.  For sure.  LOL

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 12:18:40 PM   
flcouple2009


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Status: offline 		Just wait till the send the barbarians to collect.



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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 2:41:45 PM   
Termyn8or


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Status: offline 		fl, you heard about that too ? Yup there is a twist in the law in some states that can make for a debtor's prison. Don't ask me for cites, some are right here on this forum. (not by me)

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 4:13:27 PM   
DarkSteven


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Status: offline 		I'd turn this over to the DA and claim extortion.

Seriously, you have to wonder how some companies have a right to exist, being this incompetent and having nobody who is capable of stopping a haywire process.  That's a major concern in manufacturing operations - who has the authority to stop production.  I'm amazed that these financial companies have no QA to stop blunders like this from proceeding.  They just piss people off and make the company look idiotic.


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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 4:17:32 PM   
KatyLied


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Status: offline 		Wait, is it possible all of this started because a buyer charged some things then refused to pay, making her the worst sort of deadbeat?  The company is to blame, for some of it, but she started it by refusing to pay for money she borrowed.  Let's not forget that part.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 4:20:08 PM   
pahunkboy


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Status: offline 		$286,651,237.00,  lol

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 4:20:59 PM   
willbeurdaddy


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quote:

ORIGINAL: DarkSteven

I'd turn this over to the DA and claim extortion.

Seriously, you have to wonder how some companies have a right to exist, being this incompetent and having nobody who is capable of stopping a haywire process.  That's a major concern in manufacturing operations - who has the authority to stop production.  I'm amazed that these financial companies have no QA to stop blunders like this from proceeding.  They just piss people off and make the company look idiotic.



If her lawyer is halfway competent should should be in for a nice settlement.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 4:30:04 PM   
KatyLied


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quote:

$286,651,237.00, lol


Yeah, I saw that, but it does not detract from the point that she has stolen money/services.


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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 8:54:03 PM   
DarkSteven


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quote:

ORIGINAL: KatyLied

quote:

$286,651,237.00, lol


Yeah, I saw that, but it does not detract from the point that she has stolen money/services.



Katy, I'm not so sure.  The article states that Cap One claimed that she owed them $4k.  But based on how haywire they seem to be, I'm not conceding that she actually DOES owe that.  The article just states that Cap One told her she owed, and she responded by getting a lawyer.


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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 9:11:18 PM   
tazzygirl


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Status: offline 		I thought if they didnt show, they lost the judgement.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 9:25:11 PM   
LanceHughes


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quote:

ORIGINAL: tazzygirl
I thought if they didnt show, they lost the judgement.

I thought the same, tazzygirl.  Finally!  Something you-n-I can agree on! LOL!

Maybe they're filing a motion to dismiss on grounds of "frivolous suit" elsewhere, but that's just not the way ot works. -OR- Probably, they WANT the judgement against they so they can appeal to next highest court, or something or something.

Maybe they're gonna tell her "Bill us and see what we do with your bill."
------------
And isn't the $ 286 Million the same number that was credited INTO some guy's bank acc't by mistake?  That wasn't too long ago, was it?    Maybe that's some sorta "magic" number inside a computer.....  there are no negatives as we know them, just zeros and ones, as it were.  I can well imagine (MS in Computer Science) how that could happen with a very little error which is then blown outta proportion.

< Message edited by LanceHughes -- 12/11/2010 9:26:57 PM >

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 9:28:06 PM   
tazzygirl


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Status: offline 		Didnt they both have suits though? Im sorta fuzzy on all this.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 9:37:01 PM   
MrRodgers


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quote:

ORIGINAL: KatyLied

quote:

$286,651,237.00, lol


Yeah, I saw that, but it does not detract from the point that she has stolen money/services.

Delinquent  is one thing...stolen is very much something else. I am thinking this is a good thing...she doesn't have the money so Capitol One is in trouble. What's in MY wallet ? Fuck them.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/11/2010 9:39:27 PM   
tazzygirl


Posts: 37833
Joined: 10/12/2007
Status: offline 		Two wrongs never make a right. Collectors have a large responsibility to follow the law. Capital One failed to do so. IF they had followed the law, they would have a judgement by now. Threats are never taken lightly by the courts.

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Telling me to take Midol wont help your butthurt.
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Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/13/2010 9:29:56 PM   
LanceHughes


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quote:

ORIGINAL: tazzygirl
I thought if they didnt show, they lost the judgement.

After re-reading <more carefully this time> I say, "Sure. Cap One loses the suit."  Imagine if they had gone forward!  The discovery process would have laid bare their horrible system (hardware, software, and procedures.)  Better to slink away, tail between legs.

Financial implications?  Practically nil.  Court probably ordered her court costs to be paid by Cap One.  Cap One won't get a judgement against her for that BIG $ amount.  "So what?" is their point of view.  She does NOT get that amount.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/13/2010 9:39:45 PM   
tazzygirl


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Status: offline 		Well, seems the woman filed her own suit against Capital One on Dec 13th.

http://news.yahoo.com/s/prweb/20101213/bs_prweb/prweb4888464_1

Not sure if she is entitled to the amount she is suing for, but it does sound like she has a good case.



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Telling me to take Midol wont help your butthurt.
RIP, my demon-child 5-16-11
Duchess of Dissent 1
Dont judge me because I sin differently than you.
If you want it sugar coated, dont ask me what i think! It would violate TOS.

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/14/2010 11:33:38 AM   
Edwynn


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quote:

ORIGINAL: tazzygirl

Well, seems the woman filed her own suit against Capital One on Dec 13th.

http://news.yahoo.com/s/prweb/20101213/bs_prweb/prweb4888464_1

Not sure if she is entitled to the amount she is suing for, but it does sound like she has a good case.






Indeed she does.

In answer to some of your earlier questions; yes, Capital One's failure to appear meant they effectively dropped the case, and Ms. Perry's suit followed.

On reading the first few reports on the case one question that came to me concerned the issue of C. One's continuing to contact Ms. Perry and others after the lawyer instructed all further communication to be with his office. I thought, "well, just because a lawyer says so, does that mean they have to follow?" As it turns out this is indeed the case. PA and most other states have such a law that says once a lawyer formally represents a person and instructs all communication to be directed to the attorney the other party must adhere to this provision.  So then aside from all the other grounds for action mentioned in your recently cited article, every contact with someone other than her attorney after the initial letter is a violation of that law.

Elsewhere in this thread, I don't know how someone has come to the conclusion that Ms. Perry "stole" money or services in the absence of any ruling or conviction of such. The amount claimed as owed by C. One was disputed by Ms. Perry, an everyday occurrence in the credit card world. After two attempts to rectify the situation directly without success, she handed the matter over to her lawyer, whereupon C. One retaliated with a string of extra-legal means.

If Ms. Perry is awarded a judgment, I'm sure the amount will be much lower than what is being sought, but any ruling against Capital One here would provide a rare case where corporate stupidity is actually punished-  by the law, by the board of directors, by shareholders, anybody.






< Message edited by Edwynn -- 12/14/2010 12:15:34 PM >

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RE: Capital One Sues Cardholder for $286 Million and Fa... - 12/14/2010 12:00:51 PM   
pahunkboy


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From: Central Pennsylvania
Status: offline 		Capital One-  was violating PA law.

and repeatedly.

Everyone here is expected to obey the laws in the state they are in....  the same applies to Cap 1.

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