Consumers: Be real careful about who you get credit cards from. Capital One's collections department attorneys will not work with the consumer's to alleviate an increase in their debt. They will not stop litigation from proceeding forward even though the court proceedings have not taken place yet. My daughter has offered what her income will allow as a college student with a part-time job. I was informed to day by Capital One's attorneys that it is not acceptable. I was informed by Capital One's attorneys that the litigation processes will continue and my daughter will incur more debt with her account. I have asked Capital One to take my family off their mailing lists. Currently, my son is receiving advertisement from Capital One to engage in credit.
Readers: What do you think Capital One should do? What do you think the collection company Blatt, Hasenmiller, Leibsker and Moore LLC should do? Would you apply or think about holding an account with Capital One if you knew they would not work with you in paying your debt off if you incurred circumstances in your life where you were financially impoverished? Let's wait for their response. I will keep you posted.
October 11, 2005
Capital One
Mr. Richard D. Fairbank
Founder, Chairman, & CEO
P.O. Box 30285
Salt Lake City, Utah 84130-0285
Mr. Fairbank:
Sir, my daughter, Randi Nance, sent me an email reporting this conversation she had with Mr. Kenneth Peck of Blatt, Hasenmiller, Leibsker & Moore, LLC. Is this the way Capital One wants to portray itself to the public. Randi’s email reports the following:
I called to speak to Kenneth Teck regarding my Capital one account, and he explained to me what Capital One was willing to agree to as a payment plan. He asked me if I had a job, what I was paid hourly, and other expenses that I occur monthly. He told me that Capital One will concur with a payment of $101.51 over a period of 90 days up until January 2006. I explained to Mr. Teck that with my expenses that I won't be able to afford this, he then told me that if I continue to use the excuse of being a college student, that I can throw that out the window. I told him that majority of Capital One's applicant's are college students because targeting this age group is an easy persuasion. College students offten look for the easy way out of having to make their money the right way. He then asked me to put myself in Capital One's position, and if I let someone borrow $1500 from me and told them how I wanted them to pay me back, but then they told me how they could pay me back. I told him that everyone comes across circumstances that is uncontrolable, but as long as I recieved my money I would be ok. Mr. Teck told me that it's different in their case because it's multiplied by thousands, why should my case be any different. I told him that teenagers make the mistake of acting on impulse, and that's what I did but I am willing to accept that I made a mistake and pay for it, but because of my income I'm only able to pay $44 a month. He told me that he would note the account that we spoke and I was notified of their payment plan and that I can argue my case in front of the judge.
Is Capital One going to let this action put my daughter and college student in further debt?
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
Advocate
cc: Ms. Gina Williams, Ms. Shanita Washington
http://clickforjusticeandequality.blogspot.com/
This is how their customer relations department operates.
October 10, 2005
Mr. Richard D. Fairbank
Founder, Chairman, & CEO
Executive Office
P.O. Box 85699
Richmond, Virginia 23285-5699
Re: Customer Relations Department
Mr. Fairbank:
I, Fred L Nance Jr., am writing today to complain about the service I received on October 10, 2005 from Capital One’s customer relations department located in Georgia. I have spoken to Ms. Gina Williams of the Executive Office regarding this matter. She reports it is hard to locate someone where a last name and ID number is not given. Nevertheless, Ms. Williams reports she will exhaust every avenue seeking the individuals I am complaining about in this letter. Here are the facts.
On October 8, 2005, Mr. Trey Gill, account supervisor-employee #13E9, informed me I would have to call customer relations on Monday, October 10, 2005, to confirm receipt of a fax I was sending you at fax number 888-259-3021. Mr. Gill suggested I call number 800-955-7070. On Monday, October 10, 2005, I called this number.
Mr. Courtney answered my call reporting he was stationed in Atlanta, Georgia. I asked him if he had received a fax from me sent on Saturday, October 8, 2005. He asked for the account number for this fax. I gave the number. He informed me he could not talk to me about this matter because it was with a collection agency. He informed me I had to talk to the attorneys. I informed him I was engaged in communication with the attorneys, and just needed to confirm receipt of the fax to Mr. Fairbank as instructed by Mr. Gill.
Mr. Courtney stated he could not give me that information. I requested to speak to his supervisor. Mr. Courtney stated he did not have a supervisor present who could talk to me. I asked Mr. Courtney to let me speak to someone else in charge. I asked Mr. Courtney for his last name, and his employee ID number. This was at 9:35 am (CST). Mr. Courtney hung up on me. I called 800-955-7070 back (twice) and I heard his voice and hung up.
I called back again at 9:48 am (CST) and spoke to Mr. Dudley requesting to speak to a supervisor. I asked Mr. Dudley for his supervisor. Mr. Dudley asked me what did I want with his supervisor. I asked Mr. Dudley where was his office located. I asked Mr. Dudley for his last name and employee ID number. Mr. Dudley told me to hold on. Mr. Dudley refused to give me his name, employee ID number and office location.
Ms. Tracy, who reported she was a supervisor, came to the phone. I asked her where was her office located. Ms. Tracy reported her office was located in Norcross, Georgia. I informed her I wanted to file a formal complaint against Mr. Courtney in Atlanta, Georgia. Ms. Tracy informed me she was Mr. Courtney’s supervisor. I told Ms. Tracy what is listed above requesting a corporate address to write a formal complaint. I asked Ms. Tracy for her last name and employee ID number. Ms. Tracy refused to give me her last name, employee ID number, and any corporate information stating I did not need that information. I requested to speak to her supervisor. Ms. Tracy informed me she was going to end this call. I asked again for her last name. Ms. Tracy refused to give me her last name. Ms. Tracy informed me she was going to end this call again. Ms. Tracy hung up on me.
Because Mr. Gill gave me his last name and company ID number, I asked each one of these individuals for last names, their company ID numbers and their company locations. Mr. Courtney, Mr. Dudley, and Ms. Tracy refused to give me their last names and company ID numbers.
Therefore, this is a formal complaint against the individuals listed here. Please investigate and comment.
Thank you.
cc: http://clickforjusticeandequality.blogspot.com/
Ms. Gina Williams, fax copy sent to 804-968-3580
October 8, 2005
Capital One
Mr. Richard D. Fairbank
Founder, Chairman, & CEO
P.O. Box 30285
Salt Lake City, Utah 84130-0285
xxx-xx-xx12
Account # xxxx-xxxx-xxxx-xx79
Ref. #xxxxx92
Mr. Fairbank:
I, Fred L Nance Jr., am writing this letter in behalf of my daughter. My daughter, Randi Nance, is 21 years of age. She is a 3rd year student attending Southern Illinois University. She is a Criminal Justice Major.
My daughter is the owner of account xxxx-xxxx-xxxx-xx79. Due to her financial hardships with financial and educational debt, she engaged the services of American Financial Solutions (AFS), a debt management company, to satisfy this account. On or about October 7, 2005, my daughter received a notice from AFS stating Capital One rejected her proposal and payment of $44.00.
On October 8, 2005, I talked with your debt management department, specifically Mr. Trey Gill Account Supervisor #13E9, who reports once a debt has reached 180 days Capital One refers the debt to a collection company. The collection company selected by Capital One is Blatt, Hasenmiller, Leibsker & Miller, LLC (Blatt). Blatt filed a lawsuit against my daughter for the debt owed to Capital One.
On August 29, 2005, my daughter submitted a motion to dismiss Blatt’s suit because she has entered into a payment arrangement with AFS to payoff this debt. My daughter mailed a hard copy of this motion to Blatt’s office on August 29, 2005. Blatt has working knowledge of the motion filed by my daughter. The issue here is the acceptance of the agreement between my daughter and the collection agency, which Capital One employs.
I assisted my daughter in researching her issues allowing her to write and submit her motion in good faith. To avoid further financial disaster to my daughter with the legal cost due to the litigation processes, she request her AFS proposal be accepted by Blatt to fulfill the obligations of the debt incurred. If a person in good faith petitions AFS, Capital One, and Blatt to also act in good faith it should. Whether it goes to court or the AFS proposal is accepted, my daughter can only afford $44.00 a month to satisfy the debt. Any further debt to her, about this account, would surely be an undue burden. I am sure since Blatt has only filed a petition in the court, dropping it at this stage has only a minimal cost added to my daughter’s account. Blatt’s personal appearance will surely drive the cost of the litigation up. This letter and my daughter’s petition can surely be construed as mediation tools leading to comprise to satisfy the debt owed to Capital One. The courts generally suggest the same by asking the parties in litigation to talk with each other to see if comprise can be accomplished to avoid litigation. This is a role of the court, and that is to avoid the litigation processes. Not every case goes to trial.
I know Capital One is in the business of making money. This is a reality. Nevertheless, Capital One is also in the business of protecting a customer’s dignity and honor with its present policies and procedures. Capital One is not in the business to drive one to financial ruin, especially our young who may continue their experience with credit and debt in a more responsible way. This will be an experience to Randi she will never forget. This issue assuredly will assist in her endeavors as she learns of the criminal justice system and other legal issues of the day.
Therefore, it is our hope Capital One, Blatt and Randi can come to this comprise to satisfy the debt incurred without Randi incurring more debt through the litigation processes. This is a wonderful issue for my Blog: http://clickforjusticeandequality.blogspot.com/. I will post this letter and my daughter’s motion to alert the public to issues, which arise from debt and the companies who hold the debt. In order for the public to make better choices and informed decisions about who they should hold debt with, they need to know how a company such as Capital One handles a debt where the debtor attempts to satisfy the debt.
If this comprise is acceptable please call Randi at xxx.xxx-xx94. Randi alerted Blatt she had a class on Wednesday morning. The Clerk of the Court for Jackson County only holds this type of case on Wednesday. This case is up in court on Wednesday, October 12, 2005. Blatt can accept this proposal and cancel the court date in Jackson County if they want to act in good faith and avoid further cost to my daughter, that being financial and educational. Please do not take my daughter’s educational processes away by making her attend a court call where her proposal for payment will be the same as stated in this letter. She is testing and on the back end of her classes.
Randi and I want to thank you, in advance, for your discernment and consideration in this matter. Randi, Blatt and Capital One can agree in writing, without court litigation and cost, to the payment of arrangements of AFS with the added expense/cost of Blatt’s involvement with the court. There is and should be a cost to Randi for Blatt’s involvement. Randi should have been more responsible toward her debt. Randi should have started the arrangements with AFS, as I did, before it became a process of litigation. I went through this same process with AFS, Sears and their attempt to litigate. We agreed before court, without litigation and further cost to my account. I am faxing this letter to Blatt with a hard copy in the mail. I am faxing this letter and motion to 888-259-3021 and mailing a hard copy to Mr. Fairbank.
Respectfully submitted,
Fred L Nance Jr., ABD, MA, CADC, NCRS
cc: http://clickforjusticeandequality.blogspot.com/
IN THE CIRCUIT COURT OF 1st JUDICIAL CIRCUIT
JACKSON COUNTY, ILLINOIS
Capital One Bank, )
Plaintiff, )
)
vs. ) Case No. 05-SC 652
) Capital One Bank
Randi Nance, ) Acct. # xxxx-xxxx-xxxx-xx79
Defendant. )
NOTICE OF MOTION
Blatt, Hasenmiller, Leibsker & Moore LLC
125 South Wacker Drive, Suite 400
Chicago, Illinois 60606-4440
PLEASE TAKE NOTICE that on August 29, 2005 the defendant will file with the Jackson County Court her Motion to Dismiss Plaintiff’s complaint or in the alternative Continuance, a copy of which is hereto attached and served upon the party(s) above.
CERTIFICATE OF SERVICE
I, Randi Nance, pro se defendant certify I caused the above Notice and attached motion with exhibits to be served upon the party(s) above by placing it in the U.S. Mail on August 29, 2005.
Respectfully submitted,
Randi Nance
IN THE CIRCUIT COURT OF 1ST JUDICIAL CIRCUIT
JACKSON COUNTY, ILLINOIS
Capital One Bank, )
Plaintiff, )
)
vs. ) Case No. 05-SC 652
)
Randi Nance, )
Defendant. )
Motion to Dismiss Plaintiff’s Complaint or in the alternative Continuance
Now Comes, pro se defendant, Randi Nance, respectfully requesting this Honorable Court dismiss or in the alternative continue this matter. The defendant reports the following to support dismissal or in the alternative continuance.
The defendant is a “pro se” litigant requesting this Honorable Court should liberally construe her motion. Castro v. United States, 290 F.3d 1270 (2003) reports courts sometimes will ignore the legal label that a pro se litigant attaches to a motion and recharacterize the motion in order to place it within a different legal category. See, e.g., Raineri v. United States, 233 F.3d 96, 100 (CA1 2000); United States v. Detrich, 940 F.2d 37, 38 (CA2 1991); United States v. Miller, 197 F.3d 644, 648 (CA3 1999); Raines v. United States, 423 F.2d 526, 528, n. 1 (CA4 1970); United States v. Santora, 711 F.2d 41, 42 (CA5 1983); United States v. McDowell, 305 F.2d 12, 14 (CA6 1962); Henderson v. United States, 264 F.3d 709, 711 (CA7 2001); McIntyre v. United States, 508 F.2d 403, n. 1 (CA8 1975) (per curiam); United States v. Eatinger, 902 F.2d 1383, 1385 (CA9 1990) (per curiam); United States v. Kelly, 235 F.3d 1238, 1242 (CA10 2000); United States v. Jordan, 915 F.2d 622, 625 (CA11 1990); United States v. Tindle, 522 F.2d 689, 693 (CADC 1975) (per curiam).This Court may do so in order to avoid an unnecessary dismissal, e.g., id., at 692—693, to avoid inappropriately stringent application of formal labeling requirements, see Haines v. Kerner, 404 U.S. 519, 520 (1972) (per curiam), or to create a better correspondence between the substance of a pro se motion’s claim and its underlying legal basis. See Hughes v. Rowe, 449 U.S. 5, 10 (1980) (per curiam); Andrews v. United States, 373 U.S. 334 (1963).
1. The defendant is currently attending Southern Illinois University Campus as a 3rd year student this fall semester.
2. Over the years of the defendant’s college education has incurred over $2500 worth of debt, which includes Capital One Bank, Ref # xxxxx92.
3. The defendant has enrolled with American Financial Solutions (AFS), a debt management program.
4. In this program the defendant is able to pay off all of her debtors with a monthly fee.
5. Capital One Bank, reference # xxxxx92, is listed for payment with AFS (attached payment plan with AFS).
6. This is the only avenue or way the defendant can pay her debt off with Capital One Bank.
7. Capital One Bank and AFS have a working relationship and agreement with AFS as a debt management company.
8. My father, Fred L Nance Jr., has AFS as his debt management company paying off Capital One Bank for debt he incurred.
9. My father had two accounts with Capital One Bank, Account #’s xxxx-xxxx-xxxx-xx53 and xxxx-xxxx-xxxx-xx18; Account # xxxx-xxxx-xxxx-xx18 has been paid off by AFS. Account # xxxx-xxxx-xxxx-xx53 is still being paid off.
10. The defendant will attach the AFS Repayment Schedule and Debt Management Agreement to this motion.
11. On Wednesday, August 31, 2005, at 9:00 am the defendant is summoned to appear in this Honorable Court for the claim amount of $1533.45 that is owed to Capital One Bank.
12. The defendant has a class on the morning August 31, 2005 at 10:00 am, and because it is the beginning of the year the defendant would hate to start missing classes.
Wherefore, the defendant respectfully request the following: (a) that this matter be dismissed, without prejudice, and become moot due to the arrangements made with American Financial Solutions; or in the alternative (b) Continue this matter for the reasons stated above in paragraph # 12.
If this Honorable Court and Opposing Counsel agree to dismiss this claim brought by plaintiff, would the Court please mail a copy of an “agreed” order stating the plaintiff and defendant agree to abide by the agreement made with American Financial Solutions to pay Capital One Bank in the amount of $44.00 a month, that is at least 2% of the total debt owed to Capital One Bank; and that this Honorable Court will not charge the defendant any court cost or fees because of the defendant’s indigent status.
Respectfully submitted,
Randi Nance
