Whats up with this letter from Capital One?
Date: Fri, 08/03/2007 - 16:05
Skip ahead to june and now I get a letter from Viking Collections. So I guess NCO sold the account to them. Fine, so I sent off a DV letter to them.
So last week I get a letter in the mail from Capital One. Here's what it said (leaving out parts I don't want posted on the internet)
Quote:
Dear (My name here), Thank you for contacting us. We appreciate this opportunity to explain our position. I regret that you are dissatisfied with our letter, dated May 24th, 2007 which included copies of your Customer Agreement and statement copies for the period of October 2006 to December 2006. Respectfully, we feel that our previous response, a copy of which is enclosed, fully addresses your concerns, and we continue to uphold our position. Sincerely, Capital One Services, Inc. |
They enclosed a photocopy of a letter supposedly sent to me in May (which I never received)
[quote]Dear (my name)
Thank you for contacting Capital One regarding your account. I am glad that you have brought your concerns to our attention.
We have received your letter requesting verification of the above referenced account. For your review, I have enclosed a copy of the Customer Agreement and monthly billing statements for the period of October 2006 through December 2006. A copy of the original application was not available, which indicates this account was applied for by telephone or internet. As you requested, we removed your telephone number from our call list and stopped written communication regarding the collection of this debt.
In reference to your credit report, our records reflect that the information reporting on your credit file matches the information on our systems. At this time, the account is accurately reporting. Please be advised that your account charged off as an unpaid debt on January 9, 2007. It is important to note that although the debt is charged-off, the balance is still owed and will continue to accrue interest.
I hope this information resolves your concerns. Please contact our office at ####### if you have any additional questions.[/quote]
The part I bolded kinda ticks me off. In my DV letter I NEVER requested all communication be stopped, only the phone calls.
So anyways, what's the next step?
I would send a follow up message by certified mail asking for mo
I would send a follow up message by certified mail asking for more info, and let them know that you never received the first letter. Ask for copies of all documents regarding your account.
So if they charged off the account, they have Viking collecting
So if they charged off the account, they have Viking collecting for them, or Viking bought it? I am assuming since Cap 1 sent the letter, it is still with them. It was my understanding that an original creditor does not have to validate, only collection agencies, but I may be wrong. I would send them a letter, certified,return receipt, make copies, and ask them if they still own the account, and who is legally responsible for collecting on it. If it is not a purchased debt, you can still make payment arrangement with the original creditor, which is better than trying to deal with a CA. If I have misunderstood, forgive me, and please correct me!!..KAren
Is there a non PO box address I can send a letter to Capital One
Is there a non PO box address I can send a letter to Capital One?
After looking at it again (and I'm going by assumption only) I'm guessing the following.
1)The account was sold to NCO who tried to collect
2)I sent the DV letter
3)NCO forwarded the letter to Capital One
4)According to Capital One's records, they validated
5)NCO sold the account to Viking
6)I sent the DV letter
7)Viking forwards the letter to Capital One
8)Capital One sends me another letter basically saying they are not validating again
Even if you send something to a PO box, they still have to pick
Even if you send something to a PO box, they still have to pick it up and sign for it, or at leaset that's the way it is here. I don't think a CA company can return the debt to the original creditor if it was sold. In my understanding, once a debt is sold, it becomes the property of whoever bought it. It sounds like Cap 1 was using them to collect . You need to find out if CAP 1 has the debt, or who has it..Karen
Some things don't add up here. First off, even if you applied fo
Some things don't add up here. First off, even if you applied for the account over the internet, there is STILL a record of the original application. If there wasn't, how is it they found you? Also, make sure all statements and agreements are from THE ORIGINAL CREDITOR, not the CA. That is what constitutes true validation. A statement from a CA is nothing but hearsay. They can say whatever they want and inflate the amount due all they want. You need to have the debt VALIDATED with all documents from the original creditor. If they can't produce them, they can't validate. If they can't validate, they can't collect and, in doing so, are in violation of fdcpa.
NCO also does 3rd party collections for creditors. They are not
NCO also does 3rd party collections for creditors. They are not soley junk debt buyers.
Fyi is correct here.If capital one is sending you paperwork,they
Fyi is correct here.If capital one is sending you paperwork,they most likely still own the debt.I would contact them directly to get a status of your account.
