Quixote or anyone for that matter I am STILL having a problem with Cap one and their reporting, but it may have gotten a little more interesting. Quick reminder of what happened: 4/98 opened Cap one account NEVER MADE A PAYMENT 3/99 started getting calls and letters from Academy Collection Service, Inc. 4/99 Paid them $425 for a $597 balance. Skip ahead 10/17/01 PFB'd Cap One/ called Mr. Cooke a few days later, he said he would change it from an R9 to an R5. He did that and marked it as Settle for less than balance. 3/02 EQU changes it back to R9, I call Mr. Cooke he says he'll take care of it (to go to an R5), i ask him to send me the UDF he says no problem (I never get it). 4/02 fixed 5/02 back to R9, I call and PFB Mr. Cooke same thing, he says he'll fix it, i say send a UDF he says no problem. 6/02 fixed. 8/31/02 back to R9, I try to send PFB for some reason it's not working. 9/02 send an email via webinfo@capitalone.com never get a response from ANYONE at Cap one (even mentioned Nelson v. Chase). 10/02 see that Quixote has sent email via webinfo@ca... so I send another one (PFB still not working for me) I gave them 7+ days to respond, which would have been this past Friday, I sent same letter I sent back in 9/02. I don't know what to say when i call, mr. Cooke has always been helpful. Last time we spoke I asked him to just delete it and he said he "couldn't do that". It reports right on EXP. It reports as 120 days late but the open date is wrong. On EQU EVERYTHING is wrong. It says open date 4/98 closed 1/98. I want to call him but what do I say? I already tried the "Mr. Cooke will it stay fixed this time? I'm sure you don't want to hear from me every time this goes back to an R9". He agreed but said he could NOT delete it. Anyone?
Hi Kellie, An R5 is still not good enough and it looks like the derog will be there for sometime. Here's what I'd do at this point. I'd go downtown and file a small claims case for FCRA violations. Get them served. Once they have the case # offer to drop it IF they delete the item because your SICK & TIRED of fighting with them about their INACCURATE REPORTING. This'll take some .. ahem ... Ovarian Fortitude but I believe you'll get the deletion. Let me know if this is too aggressive.
Good advice Butch, Cap1 shows an amazing resistance to settle. They really do not care whether you sue them or not, and they will fight to the bitter end (why, I do not know). Be prepared to follow thru with your suit.
get a chronology done. tape record the next conversation if your state allows it. sounds like their tape system is puttin R9 every month... and it overrides the UDF. I'm taking it you've disputed it with the affected cras. DId you get this in writing? if not.. get it now that they agreed to R5 (be nice and get it in writing from Cap1 so you can send to the bureaus)... then if push comes to shove you can sue them both and get it settled that way. You should not have to spend this much time on one trade line. but you need proof of the settlement terms (then if their system is breaching the agreement you definitely have grounds to sue)
Thanks guys and gals, Marie this wasn't part of the original settlement BUT I did find the original settlement letter from the CA I settled with...it's very evasive... "As per our conversation, our client has agreed to settled the above referenced account for $425.00. Upon receipt and clearance of these funds, your account will be marked settled in full, you will be relieved of any further responsibility pertaining to this account, and our client will notify the appropriate credit bureaus that this account has been settled in full." Now any Joe Schmoe may take that as it won't be marked as derogatory anymore, right? I'm gonna call Mr. Cooke now.....
