I lost my job in November of 2008, the day after it happened I called Capital One ( which I had 2 credit cards with) to activate my payment protection on both cards. I had both cards for at least four years & paid for protection on both. I was told I had to wait until it had been 30 days & call back to activate the protection. So I waited and unfortunately got more behind but I called back & was told they would send out the claim information & they would let me know when it wen into affect.
I never recieved any claim documents, I called back again about a month later & went through the entire conversation again & was told I would need to be caught up on payments before they could help me but they would send out the info again. Never recieved anything & couldn’t afford to get “caught up”.
A year later I was contacted by a law firm here in Oklahoma, who was calling to collect the debts & I let them know in November of 2009 that I was unemployed and actively looking for a job and had every intention of payig the debt back.
It’s now January and I was served a summons on both debts to respond within 35 days. I don’t know what to do. The total for both cards is under &4500 with the court fees for each one they have already added on.
Doesn’t it count for anything that I paid for payment protection for years, tried to activate it & no one would help me – aren’t I at least due that?
Please tell me what I should do – I am still unemployed, not recoeving unemployment & my husband it working 2 jobs to support myself and our 2 daughters under 7years old. We’re not even getting by right now. Please help!
You do have a valid argument but this issue is going to come down to the lack of response by Capital One and they will say you never activated the payment protection coverage.
The good news is that Capital one should have a record of your repeated calls in their system and that would be the foundation for making the claim.
The bad news is that I don’t think you are going to make any progress without the help of a lawyer. The best course of action at this point is going to be for you to find a local attorney to help you with this matter. They can also advise you what to do with the looming and time sensitive lawsuit you are facing.
I know funds are limited at this point for you but if you don’t get some legal representation in this situation it is just going to roll over you. You will lose the lawsuit and they will get a judgment against you.