Making payments to cap one, but they are still charging it off?
Date: Thu, 02/18/2010 - 19:26
thanks!
I suggest calling a consumer attorney at this point. Make sure y
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
I was paying 181.00, which was less than their minimum payment,
I was paying 181.00, which was less than their minimum payment, but an equal amount percentage-wise to what I am paying to all of my creditors. My concern now is whether I should continue sending the 181.00/mo or not. I don't know what to do...
Capital One will most likely sue as I have seen lately a lot of
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??