My name is Mary Jean Ziska.  I am writing today to dispute charges on my Capital One Master Card Account.   The card number on the card itself was:  5291072639241492 the account associated with the card were:  5291-0722-72373263. My birthdate is July 7^th 1966.  My residence is:  5632 Whisperwood Blvd.   #1601 Naples Florida.

I opened the account in 2002 and had a credit limit of $1000.00.  I recently went online and was able to obtain a credit report from Experian.  As of today, the interest on the account created a balance of $3003.00.  During that time frame refinancing for my home was completed through a corrupt lawyer David J. Stern and a corrupt broker, Ian Stein.   The broker, Ian stein was in charge of paying the $1000.00 debt.  He did not pay the debt; he also did not repay a personal loan I made to him from the refinancing.  There were other bills he did not take care of before he disappeared with his office closed,  the phones disconnected  and leaving no forwarding address  to connect to him or his company for the purpose of collecting funds or information concerning his fraudulent  activities.    

According to   the definition and in which I am using as part of my defense, estoppel  by representation, (estoppel by representation: An estoppel that arises when one makes a statement or admission that induces another person to believe something and that results in that person ‘s reasonable and detrimental reliance on the belief especially equitable estoppel. )   I was shocked to see that interest had been accruing and a total of $3,003.00 was still showing on my credit report as being past due as of July 2011.  The man Ian Stein was found to be a con-artist and worked for a lawyer David J Stern who was also convicted of being a criminal.  Ian stein not only stole $3,000.00 from me personally but obviously did not pay the bills as per the refinancing agreement. The bill for the capitol one credit card was one of those bills that he was supposed to pay from the refinancing in 2006-2007. I  was under the assumption   and belief that he paid what he was supposed to pay and no  additional investigation  was ascertained concerning the accounts that he didn’t pay.

I have tried to locate him   to no avail, and have filed a police report as to additional fraudulent accounts that I found on my credit report occurring within the same time fame.  The police report for additional fraudulent accounts that I believe may have been started by the same group of con-artists is: (#11-21030)                              

During this  time period (2006-2007), due to all the bulling, harassing, and criminal activity that started  in 2003 and continued consistently and methodically  from 2003,  I basically had a break down and was baker-acted  for fear of my committing  suicide.   I was declared by the courts as incompetent and a guardian Patrick Weber was placed in charge of my accounts. An incompetent person,  may also be referred to as “incapacitated,” lacks the ability to make responsible decisions. In such cases, a competent adult known as a guardian or conservator is able to step in and make legal, financial and health decisions for the incompetent person.

Likewise, when the court removes an individual’s right to order his or her own affairs there is an accompanying duty to protect  the individual.  One of the courts duties is to appoint a guardian. All adult and minor guardianships are subject to court oversight.    The petition for a guardian for Mary Jean Ziska  was made July  5^th 2006. The documents for petition for guardian case clerk case number# 0600117GA )When a person is declared incompetent and a guardian is placed in charge of the ward, there are certain responsibilities designated to the guardian.   The legal authority for guardianship in Florida is found in chapter 744, Florida Statutes. The court rules that control of the relationship among the court, the ward, the guardian and the attorney are found in Part III , Probate rules Florida Rules of Court.  Together these statutes and rules describe the duties and obligations of guardians and attorneys as well as the court to ensure that they act in the best interest of the ward, minor, or person who is alleged incapacitated.   A plenary guardian is a person appointed by the court to exercise all delegable legal rights and powers of the adult ward after the court makes a finding of incapacity. Wards in plenary guardianships are by definition unable to care for themselves. Whether one is dealing with a person  whose assets must be managed by another,  or is  incapable of making  decisions for him /herself.   When the court removes an individual’s rights to order his or her own affairs there is an accompanying duty to protect  the individual.  One of the courts duties is to appoint a guardian. All adult and minor guardianships are subject to court oversight.

Guardianship monitoring is a mechanism Florida courts can use to review a guardian’s activities, assess the well  being of the ward, and ensures that the wards’s assets are being protected.   In my case no guardianship monitoring was enlisted to ensure that bills were properly addressed and it was my assumption as well as the guardian’s that the Capitol One Bill had been paid by Ian Stein  in 2006-2007 as per the refinancing agreement . 

The nonpayment of the Capitol One Bill was just one of many areas of my life during that time period and guardianship period that were not handled properly.   I was completely unaware  of the  continuing debt, and  until recently was under the assumption that the bills( in good faith)  had been paid and accounting for such would be reflected on my credit report.  

On  August 22nd 2011@ I called the capitol one telephone number of:  800-955-7070 was listed on  my Experian dispute form and reached Katrina @ 3:58pm  id# ALM290.  I gave her the account number that showed on my Experian account for my Capitol One Master Card of (#  529107263924…)The address  listed is P.O. BOX 30281 Salt Lake City UT 84130 then there were some additional numbers under the account (0344157357).  She asked to access my account by wanting to know the various information I listed in the first paragraph of this letter. The information I gave her was:    my full name, date of birth, address, account number, and the actual number on the actual credit card.   She even wanted to know my social security number but I never give that out….( Especially over the phone).    She said she couldn’t see my account information so she transferred me to William (id# 32L5) who is supposed to be an account manager in the recovery department.   I began speaking with him at 4:15pm and spoke to him until 4:19pm.( He said he had to hang up due to an earthquake in Virginia? And he had to evacuate the area? I ‘m not sure if that was the correct information or not but he told me to call back tomorrow morning 8 am to discuss the situation with another representative.  He also told me to fax my information to fax number # 888-259-3021 or mail it to P.O. box 30285 Salt Lake City UT 84130 telephone number 800-955-7070.  It is a different address than the one on the Experian account information sheet.  I want to verify which address is correct? 

 I explained  the entire  situation,  but I don’t  think he understood the  legal implications  and  liability  for the balance of the account after 2006.  He mentioned that the account was signed in 2002 and maintained good standing until 2006-2007 which is true.   The situation in 2006 changed.  In 2006 as per the court of collier county (clerk’s case number # 0600117GA:  July 05 2006 a petition for appointment of guardian was issued and  to date, the case has still not been resolved.      

 I am putting back together my credit and my life and as of today I am still going through court cases based on this horrid time period of my life!  I am attempting to rectify this situation with Capitol one master Card company, and  the credit bureaus by  having these charges  dismissed for  nonpayment of bills that I  was not made aware of and not responsible for according to the court documents and the declaration of incompetence during this time period.    

 I still suffer from severe anxiety caused by events as far back as 2003 and am making sure that those responsible are brought to justice; however I am still left with a mess to clean up in my own life, my credit, and in business and personal relationships.  Due to these extenuating circumstances,   I expect all charges to be justly removed from all my credit reports and credit history.  My credit history should reflect only the time period when payments were made to bills when I was deemed legally competent and in charge of my own finances.  As for my Capitol One Master Card Account this would be the time period of:  2002- 2006.

I accessed your website  to see  additional terms and conditions  for credit card use:                        “ADDITIONAL DISCLOSURES & TERMS AND CONDITIONS                                                               

I am applying to Capital One Bank (USA), N.A. (Capital One®) for a credit card account. To qualify, I understand: Approval is based upon satisfying Capital One’s credit standards.  I must be at least 18 years of age and have a valid social security number, unless otherwise specified.    .   Capital One  P. O. Box 30279  Salt Lake City, UT 84130-0279                                                                                                                                                 In your letter, give us the following information:     Account information: Your name and account number.  Dollar amount: The dollar amount of the suspected error.Description of problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.You must contact us:You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question.What Will Happen After We Receive Your Letter. When we receive your letter, we must do two things: 1.Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error.  2.Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.  While we investigate whether or not there has been an error: We cannot try to collect the amount in question, or report you as delinquent on that amount..After we finish our investigation, one of two things will happen: If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount..If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.This site provides information about and access to financial services offered by the Capital One family of companies, including Capital One Bank (USA), N.A. and Capital One, N.A., members FDIC.© 2011 Capital One.Capital One is a federally registered service mark. All rights reserved.Blank Check® is a registered trademark of Capital One.

According to your  own Capital One Customer Agreement,  “ we may consider you in default of your agreement with us if:  #(5) you die or are legally declared incompetent or incapacitated”   ( The law does state that  you  are not allowed to collect these funds from an incompetent person!)  the guardian in question should have been contacted in 2006 and a default of the account or payment of the account should have been the proper course of action.

Since I was not served any notice for default, and interest has been added on the original amount  since 2006-2007, I feel there was a huge injustice that occurred.  On my  Experian credit report  there is a note that states          “ Account charged off.  $3,003 written off.  $3,003 past due as of July 2011. “   when in reality, the bill of $1000.00 that should  have been paid by the refinancing  agent  should have been the  only bill (without interest)  on my record especially when declared incompetent in 2006-2007!  I do not wish to have my account in default  or charge d off for such a large amount as that will detrimentally affect my credit rating and credit liability.   I wish to only improve the situation for everyone involved.  I request removal of all  unjustly added  late charges and interest penalties from 2006 until today,  I would like to make restitution for the  debt and pay the original  balance( $1000.00) in payments acceptable to both parties  starting from the date  I am  once again declared competent.   If the charges are removed, that will improve my credit score and alleviate any injustice that occurred by charging an incompetent person interest on a credit card debt.

I am writing today to rectify the situation and clear my credit of all the injustice that occurred in 2006-2007!

Thank you for your kind attention in this matter,

Sincerely,

Mary Jean Ziska                                                                                                                                      5632whisperwood blvd. #1601                                                                                                                              Naples Florida  34110