Capital one to sue me??
Date: Sun, 04/27/2008 - 16:57
Here's the thing: I owe capital one aprox. $600. On sat. morning, i came home from the post office feeling good and got a missed call. I called back and these people said they were calling for capital one, i thought they were collections and asked them to put in writing a debt validation - after these payday loans, i don't trust anyone!! the guy said he was not a collection agency and that capital one plans to sue me. He asked all these questions than made a payment plan - i am not comfortable with this because he wants a lot of money from me. The first payment is $50 by the end of April, which is fine and he agreed to a prepaid card. But before I give him more I want to know if this even sounds right? I didn't give him anything so far. I know it's a legit debt but i don't know - he put me on hold and said he was talking to capital one.. it just raised a red flag for me. For example he said he could have worked out a smaller plan but my account was flagged and it's only the second time he ever saw that than he acted real surprised they let me set up an arrangement and he talked bout me using my tax return for this - like hello! I have so much other debt and i don't know what to do.. he sent this in writing via email but i wont have email access until tommorow, so i dont know. i will post his email than. i don't remember the name of the company but their # is 1-800-798-3701. does this sound right? i am starting to really fall apart with all of these money problems - i am trying my best to make it work but don't know what to do. I have no problem payin my debts, he just made me uncomfortable..
I wondered where that post of your had got to. I was in the midd
I wondered where that post of your had got to. I was in the middle of responding to it.....
Anyway, the number comes up as Nelson, Watson, & Associates, a collection agency based in Haverhill, MA. Their website is www(.)nelsonwatson(.)com.
A google search turned up several unflattering hits on them, including a Federal suit for fdcpa violations in Colorado.
In your place, I wouldn't trust'em one inch. Hit them with a DV letter immediately. As in, tomorrow morning. All of his assurances about not being a debt collector aside, bullshit. He's a debt collector. Read their website.
ok, thank you so much! i didn't have internet access until thsi
ok, thank you so much! i didn't have internet access until thsi morning - I hope its okay that I posted them in different threads- I just thought since they were different.. He pretend to apply me for a hardship stay, etc... said if i didnt make an arrangement, i'd get a summons to go to court, etc.. i am getting pretty good with paydya loans since they are not legal in my state but am no good with legit debts.. he's trying to make me pay them $350 in may! I don't want to get sued but I barely have anything left after fighting payday loans (which is why i was so behind to begin with concerning these credit cards..)
So should i send the DV letter tommorow? He had me so upset, I really did not feel right about his call, I was just so confused and without an internet :) I had no idea what to say..
[quote=bea2ls]ok, thank you so much![/quote]??????????
[quote=bea2ls]ok, thank you so much![/quote]??????????????
Don't sweat it. It's what we do, here.
[quote=bea2ls]I hope its okay that I posted them in different threads- I just thought since they were different..[/quote]??????????????
Shouldn't be a big deal. Just try not to string a single issue out into multiple threads. That really confuses the old guys [like me...]
[quote=bea2ls]He pretend to apply me for a hardship stay, etc...[/quote]??????????????
I think you hit the nail squarely on the head, there. He 'pretended' to talk to the OC or whoever. That's an old, old trick. Used to see it in the car dealerships pretty regular, too. The salesman would lead you to think you were getting a deal below bottom dollar, and have to go 'check with the sales manager' or something. In reality, what he did was go to the bathroom or something.
[quote=bea2ls]said if i didnt make an arrangement, i'd get a summons to go to court, etc..[/quote]??????????????
I'd almost bet that was just a scare tactic, to coerce you into going along with their demands. It's illegal, BTW, under fdcpa, because it's designed to overshadow your right to dispute the debt.
I don't suppose you recorded that call, did you? What state are you in? I'll check your state recording laws for you.
[quote=bea2ls]he's trying to make me pay them $350 in may! I don't want to get sued but I barely have anything left after fighting payday loans (which is why i was so behind to begin with concerning these credit cards..)
So should i send the DV letter tommorow?[/quote]??????????????
You said he was going to be sending you an emil tomorrow, correct? If you don't have the account number or the actual name of the outfit, you might want to wait on that email before sending it, to avoid wasting five bucks in postage. Otherwise, drop by your local post office on the way to work tomorrow, and fire that sucker off! If you need a template, use this one. Remember to include the enclosure, and send the whole works CM/RRR.
In your position, I'd not send them dime one without validation. Their actions in just that initial call show that they could give a damn about your rights or the law. Make'em work for whatever they eventually get.
??????
Per FDCPA, collectors are not allowed to harrass or abuse you in pursuit of a debt. You can read all about it here.
????????
When in doubt, take a lesson from Tricky Dick Nixon, former President of the United States. Deny everything. Seriously.
If someone calls, claiming you owe them money, don't engage in lengthy conversation with them. Name, rank, and serial number only. As in, you want their company name, their name [they'll probably lie], their mailing address, the OC's name, and the account number. That's it. If they give you the info, great. Note it down accurately, then hang up. Otherwise, just hang up. And keep on hanging up until they give you the info you want. Then use that info for your DV letter.
ok, thanks - i knew i wasn't handling it right but i really had
ok, thanks - i knew i wasn't handling it right but i really had no idea what to do - i hope i'm not legally stuck "agreeing" to something because I really have no idea what i was supposed to do. :(
i will wait for his email than send it out asap.. would it be ok for me not to pay them without this letter? I know he'll tell me I will be sued, but I don't know exactly how to fight this! What exactly should I tell him if he calls tommorow? He wants $50 on Tuesday, but I didn't believe a word of what he was doing - I knew I shouldn't have talked so long, I really was scared of being sued (it's one of the biggest things that keep me up at night!) I just didn't fall for it, but I know it is a legit bill for me to pay.. I just want to make sure I wouldn't make it worse by not paying the $50 on Tuesday.. He wanted $350 total in May (two payments) than $240 in June.. Capital One was going to settle for $250! I just didn't have the money at the time. I know what he was doing was wrong, I was just very ignorant and hope I didn't blow it.. :/
Btw, I live in NJ - thanks for the advice!
Ok, one more question - i looked at the webpage and saw this: "
Ok, one more question - i looked at the webpage and saw this:
"Litigation Services
Bridging the gap between successful"
That section does mention pre-legal, could these people be legit? I just was so uncomfortable with the way he was acting, i really didn't fall for his tricks, i am just real scared of being sued..
I have never once got a call from a collection agency concerning Capital One - just from Capital One themselves.. they would call like 20 times a day (no joke) than the calls stopped- than I got this call.
Okay, they never emailed me - what should i do? I don't want to
Okay, they never emailed me - what should i do? I don't want to pay these people without something in writing - will i get sued for saying that? i just don't trust them.. I left the guy a message asking where the email is. Should I not pay these people yet? Can I legally wait to recieve something in writing?
sorry, the above post was me - i somehow got logged out..
sorry, the above post was me - i somehow got logged out..
I left another msg, no response yet. What are my legal options a
I left another msg, no response yet. What are my legal options at this point?
Okay, I called and finally reached someone - it does appear to b
Okay, I called and finally reached someone - it does appear to be the pre-ligation department. She said I will get something in writing within the next half hour.. what should i do? Am i going to have to pay these people this huge amount in May? I am so lost.. am i too late for a debt settlement company? I really don't know what to do..
What are they supposed to be sending you? have you gotten any
What are they supposed to be sending you?
have you gotten anything in the mail from them explaining your right to debt validation?
They said they'll send something in writing - I asked for debt v
They said they'll send something in writing - I asked for debt validation and they said they weren't a regular collection agency and that they were the last step before me getting a summons. I never recieved anything at all.. will I get sued if I wait to recieve this? I am so scared, I have no idea why these people are all coming after me at once.. they want $50 tommorow, $175 May 15 and $175 May 25 and $120 June 15 and $120 plus interest on June 25. I'm so scared of being sued..
They did say, though, that there were not a collection agency an
They did say, though, that there were not a collection agency and I think that was their way of getting around DV
I have not recieved anything in writing as of yet.. I was told a
I have not recieved anything in writing as of yet.. I was told around 12:15 that it would take 20 min.. what should i do? I am calling again, this worries me..
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i have a different ph# and a fax# for nelson watson.
they are
ph#1-800-877-1756
fax#1-978-469-9046
got these off of a validation i got in regards to a rewards 660 card i had.they at first tried that garbage with me,do not back down.they are a CA that uses the guise of an attorney.
thanks so much for the info! i'm so scared they're gonna say i a
thanks so much for the info! i'm so scared they're gonna say i agreed to something and go after me..
I talked to them again - finanlly reached someone. I made it clear I cannot make my first $50 payment without something in writing - i am so nervous about this.. he said he'll put it on rush, it has to go through various departments, etc. i have no idea what he is talking about or why it's taking so long, i'm just so darn scared of getting sued! :'(
Should I email them a DV letter? I would mail one but have not
Should I email them a DV letter? I would mail one but have not gotten any real info on my account. Or should I wait to get an email from them?? I found an email for them: info (@) nelsonwatson.com for some reason Chris at Nelson Watson did not want to give me an email address, I dont know..
So you would recommend me emailing them? i am scared if i withho
So you would recommend me emailing them? i am scared if i withhold my money, the letter will never come and i'll get sued.. do you know if they could make a better arrangment or settlement offer? How come these places always call at the end of the month demanding money within the next week? well, i know why - to panic people into paying!
I????????m so scared I did something wrong that ruined
I????????m so scared I did something wrong that ruined everything! I shouldn????????t have let him keep me on the phone for so long! I just was so used to dealing with illegal payday loans that I had no idea how to deal with a legit debt.. I was so stupid.. how can I make this right? Should I email them the DV letter? I have not received anything at all in any form of writing. Will I seriously get sued? How can I make this right?
Ok - I am just so scared! I know I owe Capital One but i'm scare
Ok - I am just so scared! I know I owe Capital One but i'm scared I'm going to be stuck paying the $350 in May.. I techincally can but it would be most of the money I have left.. I'm afraid I agreed to it when I should have not said a word until I had something in writing.. He wants $50 now, $350 in May and $240 in June (plus interest on the last payment). I shouldnt have stayed so long on the phone! I have not recieved anything in writing and literally cannot afford to get sued or have my wages garnished..
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i need some backup. beals,you have every right to request validation.they did the same thing to me.
maybe if someone else signed off on this.if they don't validate and you send those letters,and they try to sue you can use those as evidence and can request validation then.they won't and can't garnish without a court order.it is nerve racking,but they have to play by the rules like any CA.
?????? It makes no difference whatsoever whether they're
??????
It makes no difference whatsoever whether they're a CA or a law firm. CAs are bound by the fdcpa. So are attorneys who collect debts regularly.
Bea!!! For the love of the Gods, RELAX! Breathe!! Look at me
Bea!!!
For the love of the Gods, RELAX! Breathe!! Look at me!!!
That's better...
Now, listen to me, please. Working yourself into a nervous tizzy is not gonna help this. I hate to say it, but they're playing you like a fine guitar. What they're doing is unethical, illegal, and just plain wrong.
You need to take the bull by the balls here, and squeeze. Hard. I posted you a link to a DV letter template earlier. Use it. Customize it with the details you have, and don't sweat the rest. When you get to the part where the template cites the account number, like this:
Re: Acct Ref. # XXXXX and XXXXX
Substitute this text instead:
Via Certified Mail, #xxxx-xxxx-xxxx-xxxx-xxxx
Re: Any account or other business you may have with me.
[Substitute the certified mail tracking number for the x's]
Then print out the letter and the enclosure. Do not sign your name to the letter. Type it instead. That's so they can't affix your signature to a bogus document.
Stuff your letter and enclosure [three pages or so, total] in an envelope, and send it out CM/RRR immediately. As in tomorrow morning, without fail. Not at lunchtime, not after work. What you're trying to do here is get it into their hands as soon as you can. Because once they receive that letter, the harrassment must stop. That's the law.
When you mail the letter, take it to the post office counter clerk. Don't just drop it in a mailbox. Tell the clerk you want to send it 'certified mail, return receipt requested.' He'll know what you need, and should help you through it. Costs about $5.21 or thereabouts.
You must send this CM/RRR! Not First Class, not fax, not email. Not even smoke signals or mental telepathy. You want to be able to prove they got it, and when.
CM/RRR consists of two parts. First is Certified Mail. They put a sticker with a tracking number on your envelope, and scan the bar code when it's mailed. It's then scanned again at each stop along the way, and when it's delivered. That keeps it from getting lost, and lets you track its progress online, if you like.
The second part is the return receipt. That's an obnoxious, green postcard that they stick on the back of the envelope. When the letter is delivered, someone from the company has to sign that card, acknowledging that they got the letter. It's then dated and postmarked, and sent back to you. Keep it safe, because it's gold-plated proof that they got the letter.
ok, thanks! I know i get worked up over this - so much else is g
ok, thanks! I know i get worked up over this - so much else is going on.. i will def. send it certified, return receipt tommorow on the way to work. i typed up the letter, using the template you gave me earlier.
seriously, thanks to everyone helping me out here.. this board is such a lifesaver.. thanks!
Hey, it's like I told you earlier. That's what we do, here.
Hey, it's like I told you earlier. That's what we do, here.
BTW... Sorry if it sounded like I as talkin' down to you a bit a
BTW... Sorry if it sounded like I as talkin' down to you a bit ago. I needed to get your attention Right Now, and that was the fastest way to go about it.
The thing is, the info we're giving you isn't something we old crocks cooked up, here on the board. It's solid, based on federal and state law. Many of us have used it to good effect, including me.
I really do appreciate everything everyone has said to help.. I'
I really do appreciate everything everyone has said to help.. I'm just so panic strickened!
Well, I got something in writing alright - the @ssholes actually sent me a letter - in adobe no less! It said this letter confirms our agreement to accept $604.47 as payment in full and that it is expected by close of buisness on April 30, 2008. WTF? I never once agreed to that!! I simply wrote back stating I never agreed to that. I sent the letter already.. thank God! These people are a trip.. my health has been suffering and I cannot even let them bother me.. really they're being so shady, i cannot even let it bother me.. what are my next steps now though? Let their letter go? Wait until they recieve my certified letter? What's up next?
Should I sent a letter debating that letter they sent me or let
Should I sent a letter debating that letter they sent me or let it go? Should I call them? Or just chill and wait?
I emailed them earlier.. I often act too hasty and I know it hurts me..
paulmergel - Did everything work out ok for you? Did they valida
paulmergel - Did everything work out ok for you? Did they validate? what happens than? thanks for everything..
unclewulf - thanks again :)
sorry i am acting so crazy - like i said, i am trying to be less hasty.. i don't know what to do.. ignore their letter where they said i agreed to something i didn't? sit and wait for them to validate? call them? ugh, i'm so lost.. so scared, too..
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yes it did,as i stated before you have to
set them straight.they to follow the fdcpa.
once they realize you know that they will
play ball.just get the letters out asap
certified mail return receipt,then watch them
change there tune.trust me on that.i did just
that and it did work out.you'll see.
Thank you - it wasn't that I didn't trust your experience, I was
Thank you - it wasn't that I didn't trust your experience, I was just in panic mode (I was the same way with my payday loans!!) So I guess all I can do now is wait for them to respond?
i will! i am tracking the letter online, and they haven't reciev
i will! i am tracking the letter online, and they haven't recieved it yet :/ but i'm sure they will tommorow, actually. I was wondering if I will get that green thing back - like if they would try to pull something and throw it away?
I appreciate everything though. CCS, for example is another collection agency that keeps bugging me.. it;s from hollywood video but i'm pretty sure that's an old debt - so they're going to be next to recieve my debt validation letter (a C & D, too as they seriously call 20 times a day..) My point is they used to make me feel so ashamed and guilty that I thought I deserved this harrasement.
Ok, just making sure they won't try anything :) I am tracking it
Ok, just making sure they won't try anything :) I am tracking it online so I know they can't get away with too much!
ok, so today I recieved my green card as well as a letter from N
ok, so today I recieved my green card as well as a letter from Nelson, Watson. The letter said they want a $604 payment in full and if I would like to dispute the debt, I have thirty days to do so. Stupid me called them to let them I know I sent the letter to dispute it. I had a horrible, evil woman answer and she was yelling at me! I had to yell over her! She was screaming, "you know you owe us!" She said I don't understand how serious this is because I am going to have a judgement against me. I said I had no problem paying, I am waiting for my debt to be validated. She said it was, that's what the letter was. I argued that it couldn't be since even the letter stated that I had thirty days to dispute this and I told her I knew they recieved it on Friday. She kept going back to my convo with the other monster who works there. I am seriously, literally in tears. What do I do next? Can I really be sued? There is no, no way I can afford $600 to pay those monsters off. Aren't I doing this right? Are they just trying to scare me? I never should have called, I thought they'd be like "okay, that letter is on its way" or whatever. I told her she was harrasing me, I also said I have the right to ask for a debt validation and she told me I do not since I know it's my account. I don't believe her, I just thought they'd behave better after they got this letter..
Ok, are they going to try to sue me? I know now I shouldn't have
Ok, are they going to try to sue me? I know now I shouldn't have called, I just was naive enough to think that would be ok. Is this really going to work? I am still in tears, stupid me called my mother but she, too yelled at me.. I feel like a small child who keeps doing everything wrong.. there is no way i can send them $600. I am considering reopening my bankruptcy, even though I do not want to. Should I just resend the letter? Do I make a copy of both and resend? Money is so tight, I actually have to borrow money to send certified mail! I cannot believe how my life is going downhill..
oh, another thing is that the dumb girl said this letter was in
oh, another thing is that the dumb girl said this letter was in response to my debt validation letter.. after i calmed down a bit, i realized that it was dated and sent before they recieved my letter. i cannot believe i just called and made it worse! I hate myself for always acting so hasty.. i just get so nervous. Than to make matters worse, I told my family about my money problems - just for support, i was not asking for money - and they basically belittled me and said to just put it in my bankruptcy because there is no way I will win..
i can't believe i was stupid enough to call these people.. should i make a copy of that letter and send it with the same DV letter? or should I let it go since it was sent before they recieved my letter? i am sorry for sounding so pathetic, I just feel so horrible about myself..
letter said they want a $604 payment in full and if I would like
letter said they want a $604 payment in full and if I would like to dispute the debt, I have thirty days to do so
So sounds like you finally got your initial dun letter...if you got the letter and your green CMRR card at the same time, the could have crossed in the mail but since it was the initial dun letter, just hold onto it and your green card. You have done what you needed to do and once you requested debt validation, they are to cease all collection activity INCLUDING pursuing legal action. You have proof they recieved your letter :)
I am sorry they treated you that way and just try not to let it get to you :wink:
They were obviosuly upset that you sent them the DV letter and that you know your rights. DO NOT call them again.
i really won't - i was in real bad panic mode - i'm not normally
i really won't - i was in real bad panic mode - i'm not normally like that. i cannot believe i even told my parents about this!
I am really not pathetic - but I guess when it rains, it pours - i had those awful payday loans which kept me from paying my cards.. now my health is getting worse and i know it's all this stress.. my blood pressure went up. also, i had an iregular cancer screen last year so i get tested four times a year - always a hard time for me - and i am waiting now for my results. i really used to be such a strong person, i just feel like i am running out of strenght.
i know it was wrong to call but i'm freaking out that i made it worse by calling.
i guess i will send them another copy of the letter? i really also think this is my initial letter and it crossed - i have no idea why i called and pray i didn't make it worse??
You're not pathetic at all! This can be a scary experience. Plea
You're not pathetic at all! This can be a scary experience. Please take care of yourself and try not to let things like this affect your health.
You didnt make anything worse, dont worry. All you did was let the some people at the other end take a few pecks at you and get you into a verbal altercation to upset you. Dont worry...you have rights under the FDPCA and you are taking the right steps.
ok, thank you so much - like i said, i don't get support from an
ok, thank you so much - like i said, i don't get support from anyone else but this board when it comes to money matters and it really means everything to me. i know you guys are giving me legal, helpful info.. i know i'm right and they are wrong but people just have this notion that i just should just pay and shut up. if i had the money to pay upfront, i'd love to.. i just can't afford it and have to research these laws.. i really do want to pay these people, i just want to do it right.
oh, also should i resend the letter? should i add another letter
oh, also should i resend the letter? should i add another letter to it mentioning the phone call or let it go? Should i add another letter to it saying that this is not validation? Or should I just let it go because it was dated and sent before they recieved my DV letter? ugh, i am so mad at myself for calling them!
Its going to be ok....you have our support here 100%!! The in
Its going to be ok....you have our support here 100%!!
The initial dun letter is not intended to be validation, so them telling you that is just wrong.
You have your CMRR card that they recieved and signed for your DV letter..if they try to contact you again or send you another demand letter, then I would resend it. Until then, save your $ on the postage.