Consumer complaint received 2015-10-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH
Product: Debt collection
Sub-product: Credit card
Issue: Disclosure verification of debt
Sub-issue: Right to dispute notice not received

Complaint:
I did not receive proper time on verification of debt. On XXXX XXXX, 2015, I received a collection letter from XXXX , XXXX XXXX XXXX XXXX XXXX ( XXXX ) for a Capital One account that I was unaware of having the account. I phone that same day, XXXX XXXX at XXXX, to discuss a settlement and check on another account that was being verified as my account. I have other accounts with XXXX, they know my history is to call when presented with a letter since I have no phone and work out a settlement. XXXX also has my permission to use email. 

My mail was being delayed and lost at the time that XXXX sent their collection letter. I have documentation, phone calls and have appeared at the USPS. Also, WWR letters take a week before arriving at my address plus this letter was at the time of the XXXX XXXX holiday mailing. 

I was on the phone, XXXX XXXX at XXXX, XXXX representative explaining that I just received their letter for collections and explained my USPS issue. My main purpose was to discuss the account since I had another Capital One account saying the letter was delayed and I also was calling to check on another account that was in the process for account verification by XXXX. During this phone call the XXXX representative checked the account and told me the was in process for a Judgment - it was " pending ''. 

I was distressed to discover this account was " moving into the court ''. Even more so when I knew it still could have been halted and XXXX would not work with me to prevent this appearing on my credit. This Judgment could have been prevented. 

XXXX stated the account was being " delivered '' to the Court system that very day. I requested they halt the judicial process to avoid a judgment complaint and I exercised a clear willingness to establish a settlement satisfactory to Plaintiff. XXXX stated they would not stop the judgment. I was under the impression XXXX was walking the Judgment into court and requested they contact the person delivering the complaint so it would not go into court, discuss the matter and work out a settlement agreement. 

XXXX stated the account can not be withdrawn once delivered to the Court ; the only option for me was to pay the account in full. I, rightfully, refused the settlement because of mounting bills and deficits attributed to being unemployed and now under-employed. I did re-commit to the representative an appreciable payment of funds reasonable payment plan as settlement. XXXX stated the complaint could not be withdrawn without even counting Plaintiff. 

I was refused my legal right of the FTC opportunity to verify the account as mine for dispute. XXXX has no proof of service and I have received mailed from WWR that has arrived to me at least a week with regular USPS process. 

The court granted mediation. I sent my summary to Mediator and XXXX as per the court request. I never received a Summary from XXXX. 

On XXXX XXXX, 2015, the day of Mediation, XXXX did not appear at but phoned in at least 20 minutes after the meeting started between the Mediator and myself to ask " how it was going '' with the Mediator. The Mediator provided XXXX with our progress and then hung up. During my mediation meeting the Mediator was interrupted during our meeting with a few phone calls. Basically my meeting was the Mediator thought it was in my best interest to sign the Judgment Entry. Mediator signed the Judgment Entry on behalf of WWR not presentOn XXXX XXXX, 2015 I received a large envelope from WWR containing a letter dated XXXX XXXX, 2015 with statements from Capital One. The letter states " ... Enclosed per your request please find copies of the Account Statements and Cardmember Agreement with regard to the above mention matter. Please review the documentation and contact ... to discuss a resolution to this matter. '' This letter came to me intentionally after Judgment granted to Plaintiff : why now, to fulfill FTC law?

Company response to consumer: Closed with explanation