I have been working to pay off all the delinquent bills that came from my husband being laid off by two jobs over a period of a couple of years (I'm a stay at home mom and don't have any income of my own). A lot of them would work with me, but Capital One refused and wanted me to pay the balance in 3 monthly payments which was impossible for me at the time. I was recently sued and Capital One is listed as the Plaintiff, the lawyers Rausch, Sturm, Israel, Enerson, and Hornic LLC (or RSIEH) noted in the complaint that they are debt collectors and that Capital One has charged off the debt over 8 months ago. What I found online is that RSIEH are debt buyers (but I can't confirm it in this case). I have submitted my answers to the court basically denying everything so that they will have to prove it in discovery. I have done some research and I have also called Capital One (probably a mistake, I know, but I wanted to get what I could from the horses mouth) and they transferred me to "Recovery". Capital One says that they have assigned it to National Attorney Network (NAN) who has their collectors (in this case collector-attorneys) collect the debt. They claim to still own the debt, though they can't say for sure how much I owe or give any other information and say that they don't have the records anymore, that NAN does. From my research I understand that Capital One does business with or has hired (they do not own and are not owned by) TSYS which is a payment processing company. The two companies have a contract with one another. TSYS has a department called TDM (TSYS Debt Management) and within that department is another department called NAN (National Attorneys Network) which is TDMS legal management unit. I can not confirm the relationship between RSIEH and NAN, whether they are owned by TSYS (NAN), employed by TSYS (NAN), or if RSIEH buys debt from TSYS (NAN). --if anyone knows, I'd sure like to know. So here's the big question. Who should the Plaintiff be in this case? I'm thinking that if Capital One does business with (but does not own) TSYS, And TSYS (NAN) hired RSIEH, then the plaintiff should be named as TSYS and not Capital One. If this is the case then I can at least file a complaint asking them to file the case with the correct Plaintiff (to buy me some time to save up the money to pay the debt). Isn't there a honorable licensed attorney who would be willing to try to get hired/buy into this company (TSYS) just to find out whether this is legit or not? I can tell you that if these lawyers are buying the debt, then I'm pretty sure that it is in violation of the contract between Capital One and TSYS (which I found online, and really doesn't matter to me) but also would mean that neither TSYS or Capital One owns the debt. I suppose these dirty lawyers buy the right to collect the debt or volunteer to collect for a portion of the total debt, or something equally as slimy. Either way, in my book it's evil to take advantage of people who are down and out, people who owe a small amount, can't pay it, and could not afford to hire an attorney. Not everyone, probably not most of us, have gotten into debt with the hope of avoiding paying any of it. I'm wondering if this whole system wasn't set up by Capital One and TSYS to get around laws and encourage these low-life lawyers to continue in their deceptive practices. In which case there really is no hope for our justice system. Thoughts, Ideas, Advice? (Please be nice)
