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A Gap for Misuse

In November 2003 the Raleigh factory worker signed a petition in insolvency court claiming that Capital One had wrongly deviated from correcting his credit reference. U.S. Bankruptcy Judge A. Thomas Small assented. In December 2003 Small pointed out that Capital one “very probably received notification” of Rathavongsa’s insolvency applying as shown by the fact that firm have stopped trying to recover the

debt

. Taking into account that Capital One never replied to Rathavongsa’s petition the judge wrote “the court may presuppose that Capital One concluded the inaccurate credit reference with the view of forcing Rathavongsa to pay a liquidated

debt

.” In February 2004 the judge appointed the company to refund the $9.523 and $14.000 in penalties and lawyer’s fees for its “arrogant treatment of the

debt

or’s petition.”

Tatiana Stead, a Capital One spokeslady, points out: “According to our records we did not receive correct notification concerning the insolvency notification or following recovery of Mr. Rathavongsa's account.” The firm has repaid what was ordered “to close the door on the matter and stay away from the extra expenses of finances that would have been needed to make a complaint against the decree of the court,” she claims.

Consumer attorneys and even several long-term participants in the insolvency-paper marketplace express their anxiety of the trading of liquidated

debt

that promotes repulsive attempts to recover on liquidated

debt

. “What you are underlining is an essential misuse in the sphere,” recognizes William Weinstein, a former director of B-Line and an initiator in the

debt

-trading business.

Speaking in general and not about his previous firm, he admits that some creditors and

debt

purchasers just haunt clients to pay off

debt

s that have been written off, while others decline to notify consumer credit reporting agencies the moment

debt

s are cancelled. “The default to precisely correct credit reference has enabled dishonest actions for the purpose of enrichment,” adds Weinstein. After B-Line was bought by Lone Star for an unrevealed sum last year, Weinstein left the company. His resignation was denoted by now-settled legal procedure between Weinstein and his previous job. Rui Pinto-Cardoso, B-Line’s present -day president, claims the company is not involved in the actions described by Weinstein.