Challenging Personal Guaranty with Capital One

Hi,  new member here, although I've been reading on this board for over a year. I own a small C Corporation and have been settling my debt with numerous Credit Card companies.  I've actually settled 7 out of 8 in the last 1 1/2 years leaving only a Capital One Line of Credit. I hope to be able to settle this as well, but decided to dispute the validity of my supposed Personal Guaranty, as I know I never signed one.  So I sent a DV letter to them stating that I was only disputing the Personal Guaranty, that the Corporation does not dispute the validity of it's debt.  (They send 2 copies of all collection letters, one to me and one to the Corporation.) I received the following today.  "Acording to our rcords, we received your application by Phone/Internet on....."  So if they ever sue me, to prove that I am personally liable they may have a recording of the application, but no signed guaranty. Here's the important part that I don't understand.  "We have placed a disagreement code with a resolution of dispute on your credit file to the major credit reporting agencies." Any idea what this means in this context?  I have a subscription to Experian so will check to see what this does to my FICO score tomorrow and in the days to follow. Thanks so much for any help you can give me.  I love forums, am active on other ones, and knew eventually I'd have to post here as I'm trying to rebuild my credit. 

Thanks Robert, that's what I was coming to believe after more research on the web and finding out, as you said, that a DV doesn't apply to an OC. They did send me a form letter asking if I disputed the validity, which is what I replied to.  My main concern now in this step is to determine what if any documentation they have of the guarantee.  The Internet/Phone comment at least indicates they don't have a signed one.   What do you think of sending a letter such as this that I found on the web?  I'd edit it of course.  edit:  I just realized this is from a Scottish website, so the references don't apply.  However what I'm wondering is if I should push it in some way to find out what if any documentation they have.  Should they not be able to document my liability I would think I could get it off of my report.    Dear Sir/Madam
Account No:  
You have contacted me regarding the account with the above reference number, which you claim I owe because of a signed personal guarantee.
I have no knowledge of signing a personal guarantee and dispute any personal liability for this debt.
I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following.
"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3 
"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1
"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3
If you do not cease collection activity whilst investigating my dispute you are breaking the FCA’s rules and guidance.
Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to harassment.
I ask that no further contact be made concerning the above accounts unless you can provide evidence of my liability for the debt in question, including a copy of any personal guarantee you claim I have signed. 
I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to my local trading standards department and consider informing the FCA of your actions.
I look forward to hearing from you.
Yours faithfully

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If I can't get a bump after that, it's definitely a candidate for closure, since it's only 1 year old.Littlewing, have you checked out the pre-qualification site yet to see what they show you good for?  I was equally disgusted four months ago due to dealing with the same type stuff you describe (before these latest CLIs, my last one was for only $200).  I'm with you, it seems easier to just re-app for another card, in my case it was another QuickSilver (but the Visa Sig instead) with no annual fee and a starting line more than double the credit line on the old account, which has taken me eight years to even get as high as it is now. (This much is certainly well-documented) See what they show you pre-qual'd for, and if you like what you see it might be worth your sanity to bite the bullet and take the HPs just to be done with it.  For me, "protecting" my report from HPs is not worth as much as the piece of mind I have now knowing I don't have to call and "beg" each year for them to throw me a bone for the annual fee on the new account, and if I choose to do so for the old QS1 MasterCard it's not because I have to.  Many folks don't mind sending email to CEOs, waiting for call-backs that may or may not come, or calling a list of backdoor numbers, but I think I've decided I've grown tired of feeling likeI am always begging them to do business with me, either by waiving an AF or giving me a (until recently) $200 increase.  Ironically, going by their willingness to approve the QS Visa a few months back, it seems it's not me they have an issue with but strangely it's the account itself.  It's too bad they don't realize it's the same person behind *both* accounts, but they don't... we're just numbers. If the nice CLIs on the QS1 Mastercard had come a little earlier, this could have been a very different conversation.Yeah, I'm very seriously considering that. I try to time my apps so that everything in on a June/July and December/January cycle for increases. SO...I may be getting myself a Christmas Venture One app, haha.LOL... I like that plan.  Here's an idea; even if you aren't ready to actually app for a new account, the pre-qual site will at least tell you which cards you are good for and what the interest rate will be.  That's actually what pushed me into 'taking the plunge'; once I saw that I wouldn't get the highest rate as I had feared would be the case (they gave me a not-great-but-not-horrible 17.9%) it made me pull the trigger.  As a side-note, the interest rate offered on the pre-qual was spot-on with what I was actually given on my new account. If the rate is higher than you would like, or you don't get offered that Venture, you can always try back later.  Or if you get pre-qual'd for a fantastic rate, you can still wait and know you have something to look forward to.  Even more importantly, you'll know that all the calling and emailing for the account you presently have is because you want to, not because you are forced to... Whatever you decide, you have to do what's right for your situation and your personal plan. 

  • My experience with Credit Line Increase at Capital One

    Just thought i'd share my experience (and contribute for the forum) to help those who seek to increase their credit line.  This is just my experience but it seems to work. A month ago i applied for and got two new credit cards after 16 years of NO credit card useage and not so good credit.  I made sure to pay off all debts including student loans and colections accounts prior to applying.  First credit card was a Credit One card with a $300 limit.  I have since cancelled them since the low limit did nothing for me.  I also got a Capital One Quiksilver One with a $3000 limit.  During the month of owning this card i: -Charge EVERYTHING on my credit card.  Made very frequent charges.  I charged everything from a $1 coke at the vending machine to my $2700 rent.  Credit card companies have high charges for merchants, this is one of the main ways they make money.  They will love you if you pay everything with their credit card so long you make your payments in full.-Once you run your balance up as high as your comfortable doing, make a payment even if it's not month end.  Do not go exactly to or over your credit limit!-Make frequent payments.  I made 4 or 5 payments within my first month of having my new credit card.  $2700 charge, payment posted.  $400 in random charges, payment posted.  $250 in random charges, payment posted. Within 3 weeks of me owning my Capital One Quicksilver One, they tripled my credit line from $3000 to $9000.  Whoohoo! That's all.  Enjoy your credit card in good health and with good creditworthness. 

    slipper wrote:
    Just thought i'd share my experience (and contribute for the forum) to help those who seek to increase their credit line.  This is just my experience but it seems to work. A month ago i applied for and got two new credit cards after 16 years of NO credit card useage and not so good credit.  I made sure to pay off all debts including student loans and colections accounts prior to applying.  First credit card was a Credit One card with a $300 limit.  I have since cancelled them since the low limit did nothing for me.  I also got a Capital One Quiksilver One with a $3000 limit.  During the month of owning this card i: -Charge EVERYTHING on my credit card.  Made very frequent charges.  I charged everything from a $1 coke at the vending machine to my $2700 rent.  Credit card companies have high charges for merchants, this is one of the main ways they make money.  They will love you if you pay everything with their credit card so long you make your payments in full.-Once you run your balance up as high as your comfortable doing, make a payment even if it's not month end.  Do not go exactly to or over your credit limit!-Make frequent payments.  I made 4 or 5 payments within my first month of having my new credit card.  $2700 charge, payment posted.  $400 in random charges, payment posted.  $250 in random charges, payment posted. Within 3 weeks of me owning my Capital One Quicksilver One, they tripled my credit line from $3000 to $9000.  Whoohoo! That's all.  Enjoy your credit card in good health and with good creditworthness. This is exactly what i'm doing (minus the rent part!) I hope this works for me too! Thanks so much for sharing!

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