Capital One sent a letter with court date, no summons?

I'm no expert on the subject, trust me, but I've learned a few things from the board.

They CAN decline your offer, first of all. They are under no obligation to accept $10 a month as a payment plan. If you aren't paying per your contract then they have the right to sue.

HOWEVER, something doesn't sound right about the letter you received. Do you have an attorney, or can you call legal aid and get an appointment with one to show them the letter? I don't believe they can sue you in a city that you do not reside. Are we talking the next town over, or another state they are trying to sue you in?

Like I said, I'm not an expert, but I'm sure someone with much more knowledge then I have will be by soon to help you out.

I've never heard of anything like this. It sounds like they are threatening you by falsely claiming that a court action has been filed. If this is what they are doing, it violates the 15 USC 1692e of the http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

Check with the court that they list and see if it is real. If not find a lawyer and show them the letter and the court results. S/he can sue and have CapOne pay is fees.

Yeah I have yet to receive a summons regarding this. The letter did have a date and was for a neighboring city. David I really appreciate your post! That exactly what is going on here. Can they have a court date or threaten such without a summons being issued?

how far past due with cap 1 are you?

I have not made a payment since Jan of this year.

Please keep us posted on this one. My husband and I both have accounts with them and I'm behind, tying to figure out what could happen and when.

Will do. I am going to wait till they issue a summons before I call them.

Also does fdcpa apply with Capital one since they are the original creditor?

fdcpa applies to any collection agencies, law firms, and companies that purchase consumer debt. It does not apply to an original creditor. However, some states, like PA, have consumer protection statutes that apply to original creditors.

They (via a collection agency or some attorney who collects debts) sent me a letter too.
I was summonsed back in the spring, and made arrangements to pay half my debt of about $3000. I paid $1400 something and they were supposed to take payments of $300 something out of my checking acct. until I was paid in full.
Well, the first check they tried to extract bounced. (I told them I would try, but I knew I wouldn't have the money.)
Now they want me to show up in court in about a week and I was never summonsed, and I they never sent a certified letter.
How do they even know if I did receive the letter at all?
What action should I take?
I really don't want to miss a day of work, seeing as I just recently got this job.

P.S. I am so glad I found this thread. Thanks Corrie

Hi, I am dealing with a situation in regards to Capital One. They apparently sent a cc debt to a Louisville Attorney who in turn did see me a summons and I had to go through the process of writing a letter in my defense etc...and give a copy to the court and mail the letter back to the attorney. I requested a debt validation from them because the only proof they would send was a letter written on their letterhead when the account was taken out and a copy of Capital One rules. I sent another Debt Validation letter requesting further proof and they have sent another letter on their letterhead and copies of credit card statements with my name on them. They did not validate whether or not Capital One was the one suing them or send a copy of my signed contract with Capital One. They now tell me their client wants to "settle" with prejudice and drop the legal action if I pay by a certain date etc..I looked on my credit report and it looks like Capital One has done a "write off" of the account. I am now wondering if this is a junk collector who has bought the account and now trying to sue me for the full amount. I have contacted a Consumer Debt Attorney in my state and have not heard back from them yet. I also called the attorney office to ask for more time to review this matter. (They stated in the letter that I could call the Paralegal in the office if I could not pay by the due date)This entire situation has me in knots and it is hard to work with this going on.