Hi brooklyngirl...
Wow, this is strange....two months behind and it goes to NCO that quickly. That seems fast...anyways, here is what you need to know.
1--under the fdcpa(federal law), it is 100% illegal for ANY debt collector working as a third party to claim or imply that they are an attorney. It is illegal for a collector to represent themselves as working for any company other than the one they actually work for. he claimed to be calling from the "attorney network"--this is a direct violation of the FDCPA. here is the statute for your reference:
FDCPA, section 807

Further down in the same section, this is also illegal:

Second, the rather large increase is something you need to address. You stated that the balance went up from $4000 to $6400. This is not legal. Well, let me clarify this--they can legally charge you any interest and fees that are permitted in your original credit agreement that was signed when the account was opened. But there is no way possible for that much interest to accrue in two months time as far as I can tell. Check the original agreement to make sure you understand exactly what charges they can legally tack onto your balance, but I think that this amount is very suspicious.
Third, your account is two months behind. Demanding immediate payment in full right now or you will be sued...well, there is a provision in the FDCPA that does not allow false threats....in the same section as used above--
Quote:
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
I have severe doubts altogether that any creditor is going to immediately sue you for being two months behind. I would check further into this--unfortunately I am not certain about the law and how it relates to that, but I think that you might find a provision in the law that sets up a timetable of sorts. For example, with a car loan in my state(Louisiana), a car cannot be repossessed until after the consumer has fallen more than 60 days past due. You might find something there that will help on this one, you might not.
Ok, the bottom line in all of this. I would immediately look into your state laws. You are looking to see what your state law says about recording telephone conversations. Last I knew, twelve states required that all parties involved in a telephone call needed to be aware that the call was recorded, while all the rest of the states only required one party to be aware. If it is legal in your state, record the phone calls. Put a recorder on your phone, then call the guy back at "attorney network". Play dumb a bit--ask him about the original information he told you. Ask him why he called his company the attorney network when the number belongs to NCO. Get all of this on tape. Then, agree to nothing--NOTHING--with this person. End the call. Then, call Cap One. Inform them that you have recorded evidence of major FDCPA violations committed by the CA they are using. Inform them that you are considering a lawsuit against NCO because of it. You might see them immediately pull your account back from NCO because they want to avoid the damage.
You will then be able to file your own suit--against NCO. You will have all the proof you need on tape, and you can recover money from NCO because of this.