Need advice please!!!!!!

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Elderhelper1
 
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Need advice please!!!!!!

Postby Elderhelper1 » Thu Jul 17, 2014 4:30 am

I am new to this Forum but truly need your advice(well at least my Mother does).My Mother is 86 years old and has a hard time remembering what happens Day to Day more less four years ago??She was served court papers about a month ago for an outstanding balence on a CAPITAL ONE credit card with a balence of $1700.00.She CANNOT even rememeber having this card due to her Memory?Her health is Very Bad and she is pretty much bedridden.She is being sued for this amount by Capital one and their wonderful Miami Lawyers!!I was given the right to talk for her regarding this matter.She was given the right to talk over the phone during her hearing since she cant walk and is hard to transport.The final Judgement was given to Capital one to get the Money?The problem is her house is in a reversae Mortgage and shes never gotten money for she was at her equity line.The only Money she gets is her Social Security and a few hundred from my deceased Fathers Pension.She pays alot to stay in this house for its her original and large and bills run high.I think she may get about $1300.00 monthly but pays most of it towards her bills.Ive heard that Capital one can go into her account and take money and not even Notify her?I got Financial papers to list all her bills and account balances due back to the lawyers??She says she is going to take any left over money out so they can't touch it?I told her i dont know if your legal to do that.Someone told me to call them and offer them like $500.00 and they will probably take it and close the case?I am her Son and just don't know what i should do?Any advice would be Greatly appreaciated,By My Mother and Myself as i just don't know what i should do or can do!!!!Thanks


MemberSince99
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Postby MemberSince99 » Thu Jul 17, 2014 10:22 am

I'm sorry to hear about your troubles.


I'm afraid you really need legal advise. I'm not a lawyer and I can't give you legal advise. But in my opinion, that's exactly what you need.


Good luck!

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djrez4
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Postby djrez4 » Thu Jul 17, 2014 11:58 am

Google "motion to set aside judgment."
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yfan
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Postby yfan » Thu Jul 17, 2014 5:05 pm

They are doing this over $1,700 from a disabled, elderly woman? I hate to say this, but you need to play hardball. Call your local media - local TV stations, radio stations, newspaper, if you have one. Ask for their investigative/"on your side" division and tell them your mother's story. Spread the story by social media and tell your friends to promote it on social media. Capital One is well within their legal rights to do what they did, but that doesn't mean it shouldn't earn the heartless bastards some bad press. BUT, when you go to the press, please only say the truth. Offer them the ability to talk to your mom or even take a short videotape.

If they get enough of a pushback, they may well decide all this bad publicity isn't worth it over $1700 and just forgive the debt.

thom02099
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Postby thom02099 » Thu Jul 17, 2014 7:20 pm

yfan wrote:They are doing this over $1,700 from a disabled, elderly woman? I hate to say this, but you need to play hardball. Call your local media - local TV stations, radio stations, newspaper, if you have one. Ask for their investigative/"on your side" division and tell them your mother's story. Spread the story by social media and tell your friends to promote it on social media. Capital One is well within their legal rights to do what they did, but that doesn't mean it shouldn't earn the heartless bastards some bad press. BUT, when you go to the press, please only say the truth. Offer them the ability to talk to your mom or even take a short videotape.

If they get enough of a pushback, they may well decide all this bad publicity isn't worth it over $1700 and just forgive the debt.


In TOTAL agreement with this ! ! ! Also, as Membersince99 advised, seek counsel of an attorney. Call your local bar association, there are lots of lawyers that would take a case such as this pro bono (no fee). As maligned as attorneys are, there are lots that would be willing to help a good cause, especially one that doesn't fancy Capital One. There may be attorneys in the area that specialize in consumer issues.

Also, if you have access to Facebook and/or Twitter, post your situation there in the public comments area. That will get their attention. You can also send an email to Social@CapitalOne.com give them the details you've provided here to them in the email. Emails go to the Executive Office Team, and you can specifically address the situation to their CEO, Richard D. Fairbank.

Anecdotally, I've read that CapOne is very sensitive to public exposure in social media, so that would sure be a good way to go.

DON'T GIVE UP! As yfan said, play hardball with them. MAKE them back down!

Best of Luck to you for wanting to help your Mom!
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