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Making payments to cap one, but they are still charging it off?

Date: Thu, 02/18/2010 - 19:26

Submitted by Michelle Bowden
on Thu, 02/18/2010 - 19:26

Posts: 4 Credits: [Donate]

Total Replies: 3


I have a debt with Capital One around 8500.00. I've been doing Credit Counseling for almost a year and making 181.00/mo payments to them. They have said from the beginning that they won't accept the credit counseling program, but they have taken my payment every month. So, I received a letter via fed ex today (not certified or anything) saying that I could either pay the lump sum in the next 30 days, or their attorneys would be suing me. I'm confused. I thought if I was making regular payments (and they are percentage-wise equal to what I'm paying all my creditors), they couldn't sue me. The letter says they are charging off my account. So, any thoughts on what I should do from here? I'm really not sure...

thanks!


I suggest calling a consumer attorney at this point. Make sure you keep the envelope, the letter and anything else you got from them, you should also make sure the letter is in fact from Capital One and not from a debt collector using their name.

Do you have proof they accepted the payments and that the payments where received/processed??

Frankly I cannot see how if you are making at least the minimum payment, they can charge it off like that.

to find an attorney go to NACA.net


lrhall41

Submitted by pokertramp on Thu, 02/18/2010 - 19:34

( Posts: 512 | Credits: )


Capital One will most likely sue as I have seen lately a lot of people are....I would first consult with an attorney or if you want, call capital one to see if they have a hardship program. If you can afford to settle a lump sum by all means do it. If you do in fact get sued, the worse that can happen is you are ordered to pay so much a month, if you make very little money, have income that is exempt and have no assets then a judgment is useless for them as it can't be enforced, so it would be a waste for them to sue you. They still do as judgments are usually good for 20 years in some states.

It also depends on what state you are in. If they are not allowed to garnish your pay that is a plus. YOU have to be able to eat, put a roof over your head, heat, clothing....that is more important. I would keep a limited amount in the bank to protect yourself at this point too.

Do you work or are you on SSDI SSI???? anything like that??


lrhall41

Submitted by pokertramp on Thu, 02/18/2010 - 19:59

( Posts: 512 | Credits: )