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December 25, 2018

Office of Disciplinary Administrator

1st Floor

701 Jackson Street

Topeka Ks 66603

This is a complaint against attorney Sean A. McElwain of 1420 NW Vivion Rd, Suite 105

Kansas City, Mo 64118.

Case Number: 2018LM114P Capital One Bank vs. Matthew D. Schwob filed in Crawford
County District Court:

Greetings Disciplinary Committee:

I would like to make a complaint against attorney Sean A. McElwain for hiding as a debt
collector for Capital One and failing to register all of the telephone numbers with the
Kansas Bar that he uses at Kramer and Frank P.c.

Attorney McElwain has argued that Capital One is attempting to collect it's own debt and
not using a debt collector even though I contacted the phone number listed on my
transunion credit report as the number to contact Capital One at (800) 955-7070 on
12/19/2018 at 1:03 p.m. and once I entered my account number of 5178058354828892
the phone number rang to "law office of Kramer and Frank" even though attorney Sean
McElwain shows on his letter head from the letter he sent Defendant dated 12/11/2018
that his phone numbers to contact him at are 816-471-00 and 800-288-54, which are not
full telephone numbers. It also states to contact him at the phone number of 816-778-8621
and says nothing about the phone number of 800-955-7070 which Capital One uses on
their credit reporting which would make one think that either attorney Sean McElwain is a
third party debt collector or an employee for Capital One and he could possibly need to be
disqualified as a witness under KRPC Rule 3.7 Lawyer as Witness which would also
disqualify Kramer & Frank from representing Plaintiff under KRPC 1.10 Imputed
Disqualification(a). I do not know if KRPC Rule 1.5 Fees has been complied with
since attorney Sean McElwain might be an employee of Capital One since the phone
number to Capital One rings to Kramer and Frank Law Firm. I also received a letter dated
March 22, 2018 from Capital One Services indicating to contact them about this alleged
debt at the phone number of 800-258-9319 which also rings to the law offices of Kramer &
Frank, P.c. This letter also states "please note, some accounts are serviced by third party
agencies. If this is the case with your account, your call will be routed automatically, and
the third-party agent can assist you." You can't have it both ways. You can't be a third
party debt collector on the same account when your telephone number is the one for
Capital One and you haven't even registered it with the Kansas BAR.

My March of 2018 Experian Credit Report shows this account ending in 88982 has already
been (WRITTEN OFF). Capital One contacted me by letter dated March 22,2018 even after
attorney McElwain had filed this claim against me on 02/15/2018.

Capital One informed me in the letter dated March 22,2018 in statement 7 that there is a
IRS Reporting of Debt Forgiveness if Plaintiffs cancel or forgive $600 or more of principal on
a debt and I never received this form from Capital One even though Capital One had closed
this account and (written off) $2,111 on this account back in November of 2016 on this
alleged account and now Capital One is trying to (DOUBLE DIP) and collect $2,111 after
their insurance has already paid this on a profit/loss insurance write off as evidenced by
my Experian Credit Report which says this account has been (WRITTEN OFF)! Capital One
states in the letter they sent me March 22, 2018 that "please note, some accounts are
serviced by third-party agencies. If this is the case with your account, your call will be
routed automatically, and the third-party agent can assist you."

Sean McElwain is either an employee at Capital One or he is a third party debt collector and
the above 2 phone numbers of800-258-9319 and 800-955-7070 are both listed as
telephone numbers for Capital One yet it rings to Kramer Law Office P.c. and this violates
KRPC Rule 1.5 Fees(a)(1)(2)(3)(4)(5)(6)(7)(8)(b)(c)(d)(e)(f)(3) since I have not seen the
contract between Mr. McElwain to represent Capital One in this matter and do not know if
it is a salary as an employee or it is a fixed rate which needs to be established under KRPC
Rule 1.5 Fees since he is an attorney who is hiding as a debt collector in this case and needs
reprimanded since this account has already been turned in as a profit/loss insurance write
off and his law firm has purchased the account for pennies on the dollar.

I have not seen any proof that Capital One has not sold this account with a (BILL OF SALE)
and sold the account for pennies on the dollar to another collection agency after it was
closed in November of 2016 and written off according to Defendant's March 2018 Experian
credit report. I also would like Sean McElwain investigated to see ifhe is (HIDING AS THE
DEBT COLLECTORAND HAS PURCHASED THIS CLAIM) since this account has been
(WRITTEN OFF). Capital One has not proved that they are still the LEGAL HOLDER IN DUE
COURSE on this account and that no one else has purchased this claim as a (debt collector)
since this account has already been closed and written off back in November of 2016. I
plan to subpoena Capital One's tax information on this account at the Discovery phase to
find out if Plaintiff did in fact cancel and forgive $600 or more of the principal on the
alleged debt on this account and Capital One forgot to turn in an IRS Reporting of Debt
Forgiveness and forgot to send Defendant a 1099-C tax form. No one from Capital One has
signed an (AFFIDAVIT UNDER PENALTY OF PERJURY STATING THAT THEY HAVE NOT
TURNED THIS IN AS A PROFIT fLOSS WRITE OFF AND NOT SOLD THIS ACCOUNT FOR
PENNIES ON THE DOLLAR.

Please investigate Mr. McElwain for all possible violations of Kansas Rules of Professional
Conduct.

Sincerely,

Matthew Schwob

1822 JF Kennedy

Pittsburg Ks 66762
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738
UF March 22, 2018
Matthew 0 Schwob
1822 J F Kennedy St
Pittsburg KS 66762-5728

----- Re: xxxxxxxxxxxx8892


--- Case #: 10003283672486

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Dear Matthew 0 Schwob,

-- Thank you for contacting us about your Capital One account.

-- please call 1.800.258.9319 for help with your request. please note, some accounts are serviced by third

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party agencies. If this is the case with your account, your call will be routed automatically, and the
third-party agent can assist you.
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!!! Sincerely,
:=:
Capital One Services, LLC

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NOTICE: PLEASE READ THE FOLLOWING FOR IMPORTANT INFORMATION.

1. Who We Are. Capital One~ Services, LlC is the servicer of your referenced account unless this communication or a separate
communication has informed you of another current servicer. We are a subsidiary of Capital One, National Association, and service
the following Capital One affiliated companies:

• Capital One Bank" (USA), National Association


• Capital One, National Association

The name of your creditor has been previously disclosed to you and s ide,-:i:;ed for ..lff::oses of" .s co ..nr-n, ....•
icat.on t, ycur account

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number.

2. State and local Disclosures. If ,OU receive this CCT'TIUrca!·o" ., Co~-e-::t.cJ:," e Di51 c: of Co L.'TIC!ia, awa:, 10\'.2, I e\'1
York City, North Caro.ina, or Oregon and your account j volves a 'eb: owed rimaroly fer perso al, fa I'Y, o sehold, or ct .er

-- consumer purpose(s), or if you receive this communication in Vermont irrespective of the nature of the debt associated w.th your

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account, the following disclosure is required by state or local law:
Tnis is an ath~mpno' cof ect a (consu-mer) (lef)t (Claim). A'ny"informatio;,-obtained-wTlT IJeused fOr thatpurjiose.

--- The follow.nq cisdcsure is required by state law i: ycur acco '1: i ,'0 .e' a debt 0\'. EC p-inarily for oe~so.,a', raMify, .,ouS€'-;o:d. O~

- other consumer purpose.s) and you recei e -::hiS ccmr-i '1fCC':'O


This cornrru.nication is from a debt cehecto
f Hawa . !O\.,a, or Or~ot"

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Tl e followrnq disclosure is req..Ji~ea t, state .3~. ,0: yo...; eccc •..•i. .nvc .es 3 ae_! 0\".ec p ma~l}~ ·or ·~Of""o.al; ranfty. no 'seiO d, 0-
other consumer purposets) and you receive:r s "fica ,0. i .Aa::sa;:: setts
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ii NOTICE OF IMPORTANT RIGHTS: YOU HAVE THE RIGHT TO MAKE A WRmEN OR ORAL REQUEST THAT TELEPHONE CALLS
~ REGARDING YOUR DEBT NOT BE MADE TO YOU AT YOUR PLACE Of EMPLOYMENT. AnY SUCH ORAL REQUEST WILL BE
~ VAUD FOR ONLY 10 DAYS UNLESS YOU PROVlDE WRITTEN CONFIRMATION OF THE REQUEST POSTMARKED OR

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DELIVERED WITHIN SEVEN DAYS OF SUCH REQUEST. YOU MAY TERMINATE THIS REQUEST BY WRITING TO THE
CREDITOR.

This is not a complete list of the rights that you migh: have Th! ter-ns aoove In ~h.s Sec:ion are defined by applicable state or local
law. Purs am 15 US:: 1692a(6)(8) and (FJ or the Fair Debt Ccji:cfc., P-actlces Act, Ca,ma' One Services, LLC is not a debt collector
under federal taw

3. Bankruptcy. If you are errntled to bankruptcy protections fer ycuraccou. t, this communication is only for informational
purposes, It is not an attempt ,0 collect, assess, or reco 'er 3 debt or cia " Do rot send a'1"f payments directly to us without
speaking with your attorney or Bankruptcy -'USCEe

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4. Electronic Check Conversion. When you provide a cheek as payrrer--:, :.0•...aut. c.ize us either to use i formation from your
check to make a one-time electronic' und transfer from yeur deposit account or to process t e payment as a ChECk transaction.
c When we use information from your check to ake an electroruc fund transfe-, funos may be withdraw from your deposit
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C account as soon as tr-e same day we recei e your payment, and you WI.I net recei.e your check back fron your financral mstittrtion.
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5. Interest and Charges Continue to Accrue. All stated amounts are owed on the date of this communication, If applicable,
c your account may be charged interest, late charges, and other charges that might change from day to clay as provided in your
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<> agreement. As a result, the amount due on the day you pay us mal' be larger than the amount stated in this communication, For

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example, if you pay the amount stated in this communication, your account Ight still ha Ie a balance after we receive your
payment. If your account has already charged off, you wil! not incur al1Y additional interest or fees .
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ea 6. Time Period for Payment or other Action. Unless we provide a specific date, any time period for your payment or other
s•... action begins on the date of this communication .
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7. IRS Reporting of Debt Forgiveness. If we cancel or forgive $600 or more of principal on a debt you owe, we will provide you
a 1099-( tax form if required by law. Please consult your tax advisor and the instructions accompanying any tax forms for more
information.
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8. Credit Reporting of Your Settled Account. If we report your settled account to a consumer reporting agency (credit bureau),
aid in full for less than the full balance.
Contact Information
Credit Cards-Collections I Credit Cards-Charged Off

1 -800-258-9319
Mon-Fri 8 a.m.-9 p.m. ET
___.__ J
KRi\lVIER & FR£\NI(, P.(~. PHONE: (816) 471
1420 NWVIVION RD, SUITE 105
A ITOR.."\X:YS AT LA w KANSAS CITY. MO 64118-4511 (800) 288·

SEAN A. MCELWAIN
DIRECT DIAL: (816) 778-8621
DIRECT FAX: (816) 759-3621

December 11, 2018


Amount Enclosed:

Mail to:

#BWNGQPH
#COSCHMA285FD014# KRAMER & FRANK, P.C.
MATTHEW D SCHWOB 9300 DIELMAN IND. DR.
1822 J F KENNEDY ST ST. LOUIS, MO 63132-2205
PITTSBURG KS 66762-5728

To ensure p~o?er credit, please tear off and return this portion with your payment and include our file # on the check.

RE; CAPITAL ONE BANK (USA), N.A.


REF; M..ATTHEWo SCHWOB - Account: XXXXXXXXXXXX8892
Balance Due: $2111.14
Refer to our file #: 92995355 Dept: FD

Dear Mr. Schwob:

Enclosed please find the documents for the above referenced


account. Kindly review the same and let us know your response.

PAY ONLINE: www.kfpay.com

To discuss this account, contact SEAN A. MCELWAIN,

ATTORNEY AT LAW, at (816) 778-8621.

This communication is from a debt collector. This is an attempt to collect


a debt and any information obtained will be used for that purpose.
File Number: 386655057 Page 5 of 7
Date Issued: 10/09/2018

INVESTIGATION RESULTS - VERIFIED AS ACCURATE AND UPDATED: The disputed item(s) was
. verified as accurate; however, other information has also changed.

CAPITAL ONE BANK USA NA #517805835482**** ( 10700 Capital One Way, Richmond, VA 23060, (800) 955-7070 )
We investigated the information you disputed and the disputed information was VERIFIED AS ACCURATE;
however, we updated: Date Updated. Here is how this account appears on your credit report following our
investigation.
Date Opened: 03/27/2015 Balance: $2,111 Pay Status: >Charged Off<
Responsibility: Individual Account Date Updated: 09/19/2018 Terms: Paid Monthly
Account Type: Revolving Account Last Payment Made: 03/04/2016 Date Closed: 10/19/2016
Loan Type: CREDIT CARD High Balance: $2,111 >Maximum Delinquency of 120 days in
Original Charge-off: $2,111 08/2016 and in 09/2016<
Credit Limit: $2,000
Past Due: >$2,111 <
Remarks: DISP INVG COMP-RPT BY GRNTR; CLOSED BY CREDIT GRANTOR; >UNPAID BALANCE CHARGED OFF<
Estimated month and year that this item will be removed: 04/2023
I 08/2018 I 07/2018 I 06/2018 I 05/2018 I 04/2018 I 03/2018 I 0212018 I 01/2018 I 1212017 I 11/2017 I 10/2017 I 09/2017 I
Rating
08/2017 I 0712017 I 0612017 I 05/2017 I 0412017 I 0312017 I 02/2017 I 0112017 I 1212016 I 11/2016 I 10/2016 i 09/2016 I
Rating
I 08/2016 I 07/2016 06/2016 I 05/2016 I 04/2016 I 03/2016 I 0212016 01/2016 1212015 I 11/2015 I 10/2015 I 09/2015 I

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Rating

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MATTHEW D SCHWOB I Report # 2206-6304-82 for 03120/18

The most common items in this section are late payments, accounts that have been charged off or sent to collection,
bankruptcies, liens, and judgments. It also may contain items that are not necessarily negative, but that a potential
creditor might want to review more closely, such as an account that has been settled or transferred. This information is
generally removed seven years from the initial missed payment that led to the delinquency. Missed payments and most
public record items may remain on the credit report for up to seven years, except Chapters 7, 11 and 12 bankruptcies,
which may remain for up to 10 years. Unpaid tax liens may remain for up to 10 years from the filing date, and paid tax ~:
liens may remain for up to seven years from the filing date. Transferred accounts that have not been past due remain up
to 10 years after the date the account was transferred.

Credit items
CAPITAL ONE Partial account # 517805835482 .. PO BOX 30285. SALT LAKE CITY. UT 84130 or (800) 227 4825

Date opened First reported Recent balance Payment hislo!~'


Mar 2015 Apr2015 $2,111 as of Mar 2018
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Address 10 # Terms Status
0137003810 Not reported Account charged off 2018
Type
Credit card
Monthly payment
Not reported
$2,111 written ofi. S2,111
past due as of Mar 2018. 2017 a Lii':l mI mil sg mgiD rftllli Si.I mil r:m
Responsibility
Individual
Credit limit or original This account is 2016 mil mI f.!i1
amount scheduled to continue on
2015
52,000 record until Feb 2023.
High balance Comment:
82,111 Account closed at credit
grantor's request.
Date of Status
Nov 2016

Account History * (AB = Account Balance, DPR = Date Payment Received, SPA = Scheduled Payment Amount, AAP = Actual Amount Paid)
Feb18 Jan18 Dec17 Nov17 Oet17 Sep17 Aug17 Jul17 Jun17 May17 Apr17 Mar17 Feb17 Jan17 Dec16
AB($) 2,111 2.111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111 2,111
OPR Matl.l4 Mar04 Matl.l4 Matl.l4 Matl.l4 Matl.l4 Matl.l4 Mar04 Matl.l4 Mar04 Matl.l4 Matl.l4 Mar04 Mar04 Mar04
SPArS) NO \:0 ,0 ;..;Q 0 NO \:0 .. ,-.
,,~ \;0 0 D J ,'0 0
"J
AAP($) NO NO NO NO NO NO NO NO NO NO NO NO NO NO NO
Nov16 Sep16 Aug16 Jul16 Jun16 May16 Apr16 Mar16
AB(S) 2,111 2,071 2,031 1,991 1,954 1,881 1,811 1,742
DPR Mar04 Mar04 Mar04 Mar04 Mar04 Mar04 Mar04 Mar04
SPAtS) NO 61 59 57 91 88 87 50
AAP(S) NO NO NO NO NO NO NO NO
Between Mar 2016 and Feb 2018. your credit limit/high balance was $2.000

PORTFOLIO RECOVERY ASSOCIATESPar1ia! 120 CORPORATE BLVD STE 100 NORFOLK. VA 23502 or (844) 675 3408
account # 603220335118 ...
Date opened First reported Recent balance Payment history
Oct 2017 Feb 2018 51.825 as cf Mar 2018
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Address 10 # Terms Status
0137003810 1 Months Collection accou t 2018
Original creditor Monthly payment $1,825 past due as of
Account History * (AB = Account Balance, DPR = Date Payment Received,
SYNCHRONY BANK Not reported Mar 2018.
Type Credit limit or original This account is
SPA = Scheduled Payment Amount, AAP = Actual Amount Paid)
Feb18 Feb18
Debt Buyer amount scheduled to continue on
AB($J 1,825 1.825
Responsibility $1.825 record until Mar 2023. DPR NO NO
Individual High balance Date of Status SPA($J NO NO
Not reported Feb 2018 AAP($) NO NO
The original amount of this account was $1,825

SYNCHRONY BANKfWALMART Partial account # PO BOX 965024. ORLANDO, FL 32896 or \B77) 294 7880
603220335118 ....
Date opened First reported Recent balance Payment history
Nov 2015 Nov 2015 $0 as of Nov 2017
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dee
Address 10 #
0137003810
Type
Terms
Not reported
Monthly payment
Status
Closed. $1,824 written
off.
2017 ~ ~~mlwfi! • Ea•• SlD]
r">L. ____ r'> __ ..J I\I_~ ____ ..4._.-1
-----_ .•.. 2016 mil