Legal Question in Credit and Debt Law in Indiana

Capital One not forwarding mail leads to mass debt

In March 2000, my fiance moved to my apartment, forwarding the new address via the post office and Capital One. The post office forwarded the new address, Capital One did not. The credit card debt, which was down to $37.50 after the ''last'' payment of $50.00 had grown to a whopping $800.00+ dollars by the end of that year. Capital One never sent a bill to the new address and my fiance thought that after the $50.00 payment, the debt would be paid off (maybe leaving a credit of a couple of dollars to his good.) Capital One added Privacy Guard charges ($69.95) to his bill and additional late charges for about a year. Capital One was contacted as to the address change but no subsequent contact was made as to these delinquent payments. The first contact that was made was by a collection company in mid January 2001 demanding full payment. We have tried to contact Capital One who refers us to the collection company and visa versa. We have tried to make good on a portion of the debt that we feel is fair--no good. What recourse do we have?


Asked on 12/02/03, 7:20 pm

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: Capital One not forwarding mail leads to mass debt

The problem is that the change of address is your responsibility; not Capital One's nor the Post Office's. If you were not getting bills, you should have inquired much earlier than a year later. You should check your records to see if any charges were made after your "last payment." You should also check and see if you signed up for the Credit Guard program. You may have and didn't know it, but generally, you are signed up for it and it is your responsibility to stop it. Do you have any recourse? It depends. Get copies of all statements in question. But if you didn't make any payments for a year, then you are likely liable for the whole thing.

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Answered on 12/03/03, 9:52 am


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