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Capital One Wrongfully Repossessed My Car and Now Someone is Trying to Collect. – Gregory

Written by Steve Rhode

“Dear Steve,

2006: purchased a car through Capital One Auto Finance.

2007: got behind on payment, went into the military, vehicle was repossessed while I was at basic training.

early 2008: tried to pay on it a bit, but couldn’t afford to so I stopped.

late 2012: Honorably discharged from the military.

2013: Got written word that Capital one wrongfully repossessed my vehicle, later received a 10k settlement, and was told that any negative impact on my credit regarding the auto loan would be removed.

After receiving a settlement for wrongfully repossessing my car, month later I’m suddenly receiving a call from that exact company trying to collect on the debt! I’m confused! Are they able to do that?

Gregory”

punched-in-face different

Dear Gregory,

It seems what we have here is an administrative screw-up.

There are a number of places to start to try to fix this.

Maybe the best place would be to ask the debt collector to validate the debt. See How to Dispute and Ask a Debt Collector to Validate a Debt. In your certified letter to the collector you should also include a copy of any correspondence from Capital One stating the debt was forgiven.

At the same time you might want to contact Capital One and ask for some explanation why your forgiven debt was sent or sold for collections.

Get back to me with the results of those tasks, please.

Please post your responses and follow-up messages to me on this in the comments section below.

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About the author

Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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