Capital one to sue me??

ok, thanks :) i should have waited - i have to stop acting so hasty! it gave me problems with payday loans, too.. i am learning that i really just have to wait and sit it out.. that lady just freaked me out because she kept saying i will get sued and that was my letter, etc. Luckily, the only thing i really said to her was that it was my right to validate and for her to stop yelling me. i also told her i know my laws really well - a huge stretch of course but whatever.
so i really can sit back on this one and wait to get something real? again, i will never ever call again.. i am so so scared though, that they will now try to go after me even harder.. or get a judgment faster - because i made it worse by calling.. i am so mad at myself for not playing it cool and at least coming here before calling.. :/

ok, so i am a lot calmer today.. is there anything else i can do for this situation? do i just wait to see if i get a better validation? how long do i wait? sorry for the questions, i just want to do this right! :)

do i just wait to see if i get a better validation?

glad to hear you are doing better today :)

At this point you havent gotten ANY validation. Yes, at this point, just wait. you have done everything you can and followed the right steps.

ok, sorry again for the questions! it's hard to wait because i'm scared they;re gonna sue me in the meantime, i know i got the right, helpful advice here though :)

You dont have to apologize for the questions :)

It really is a matter of waiting....they are to cease all collection activity which includes a lawsuit.

Live you life while you are waiting on this....it could be awhile if they are able to validate it at all.

Mornin' Bea -

I'd like you to do something for yourself, please... Next time they [or any CA] send you crap in the mail, talk to us first, before you talk to them. We can help you decipher what's actually happening, and maybe save you another panic attack. We'll be here when you need us.

Best -

Wulf

Do not worry about that call. It is your right to demand validation, even if you know there is an account with your name on it, you still have the right to see all the documentation proving they are who they say they are, that the amount is correct, etc.

You could turn that call around on her actually.....let them try to say that you admitted to the debt, then you can counter that in that same conversation she threatened to sue you and according to law, since she can't legally sue you since the account has yet to be validated, she just violated by that little threat since they can't threaten to sue unless they actually do so.

If you are going to call a CA, just remember to keep a cool head. Remember that they will TRY to intimidate you, try to trip you up. A very good line for any question they may ask is, "I don't recall." They can't get anything out of that statement.

It always helps to be a well informed stubborn irate a-hole when calling these type of agencies. :lol: :lol: I can be civil but they will be on a short leash when I call them.

thanks again everyone!
yea, from now on i probably will never, ever call them and i will def come here whenever i recieve something from them or anyone else.. they just got me so bad i nearly called out of work (luckily, i didn't though). i just freak out, i don't know why.. i did the same thing with the payday loans at first, too.. but i learned with them that i have to stay calm and i gotta learn that with these, too. i think the difference for me is that i know payday loans are not legal in my state and it therefore doesnt scare me as much.. like with these credit cards, i am terrified of being sued! besides i really would like to see a debt validaiton. this card only had a $300 limit at the most.. it has doubled since i stopped making payments this winter? i know they have crazy fees but i would like to see everything printed out.
also, the same day i got the letter from them, i got the same letter from arrowhead for a different credit card.i mean, the same exact letter - just different letterhead! of course i am going to send arrowhead a DV letter and all that.. i just find it strange that on the same day i got the same exact letter?? it seems like they are selling my info or something, it's shady.
on another note, i also sent a letter to ER Soultions (I had a thread about that in the past). I know for a fact that they recieved my letter (I tracked it online) but they never sent back the green card. THey did stop calling, though.. so that seems kinda shady, too.

If they stopped calling, then you've acomplished at least part of what the letter was meant to do. Get a copy of the tracking and delivery info from the Post Office website. Save that as a substitute for the green card.

ok, sounds good - i'm glad they got the picture about calling because they were the ones calling my mother's house all the time!

Let us know how it goes, huh?

Yea, i'm back :p
I have a few more questions - when I first got the email stating I agreed to pay in full (which was a lie), I emailed the DV letter and sent it via certified mail. Maybe that's why they said their dinky little letter is in response to this? I am getting worried that they're not taking my DV letter seriously..
Another worry of mine is that they won't work with me for a payment plan. When I talked to the witch, she said I had plenty of time to work with Capital One and now they want a payment in full. I am really getting worried and it is tempting to considering bankruptcy.. I'd hate to do that again, this one particular company just scares me. i know they are in the wrong here because I am just asking for legal ways to handle this. I honestly want them to answer these questions, like exactly what i owe and how they got these figures, etc.
I never in my life dealt with horrible people like these! I still am shaken and wondering if I should resend my DV letter? The b!tch said that they won't accept debt consildation in any form and that I will have a judgement since my account is verified. I know she doesn't make sense and I know what she's saying is probably illegeal but it scares me that they're this ruthless. That said, I will fight this to make sure it's right.

do you have the green receipt from the DV letter.if so they can't continue collection activity and that includes legal action until validated.that means they have to obtain something from the original creditor being capitol one.if not you can take action against them.there letter is not validation.they pulled this with me too.get out follow up letters stating that.same way certified mail return receipt.do not back down we can help you and advise every step of the way.keep us posted.

thank you so much, paul - i appreciate your insight on this company more than you know.. yes, I do have the green reciept and am gaurding it with my life :) As I have said, I have to go to the post office to mail a DV letter to arrowhead, I am seriously going to just send them a follow-up, as well. I know usually people advise to wait for them to respond but I honestly think this company is going to need to be pushed a bit (I don't mind waiting for ER Solutions, for example..).
I will not back down - like I said, it's tempting but I won't do it. I am sick of doing things the easy way (that's how i got into debt in the first place!!)
I appreciate all help, advice, insight from everyone.

glad to help,keep us posted. :D 8)

Hello, hello - as I have said before I am coming to you guys whenver someone tries to contact me! So here I am..
I had a former thread about ER Solutions - I don't want to bother people with two threads in my name, so I will mention it here. Er solutions has been collecting for me since maybe Dec. They're the ones who had the habit of calling my mother's house! I made two, maybe three payments with them but was getting frustrated since they kept calling her house. I sent them a DV Letter as well as a C & D letter. Well, tonight when i was at my second job, I got a voice message from them. At least it was on the right phone, heh. The woman had a very thick accent and was hard to understand but it was def. them. i sent the letters last week when I sent out the letters to Nelson Watson. Maybe I should have paid ER SOlutions another payment while I waited for them to get the letters? I know I owe Orchard Bank Mastercard but they kept telling me I wasn't paying enough to cover the late fees as well as calling my mother so I was confused and frustrated since they kept calling her. They didn't threaten legal action but it does stress me out as all of my debt does. My question is: what should I do about them now? They recieved my letters but did not send back the green card.. I have the tracking info on usps's website though so I know for a fact they got it.. plus I sent a C & D letter and here they are calling me! Any advice on this or anything else in this thread? Thanks in advance - you're the best!

Hi bea! To be clear, you paid ER solutions 2-3 payments, then sent them a DV letter??

Does anyone know if paying a CA is admitting that you owe the debt and do you still have the right to debt validation?

You still have the right to dispute it with collector & credit bureaus under federal laws although quite a few states will see payment as a admission that debt is yours.

does anyone know about NJ? I only sent the DV letter because they kept talking about late fees being really high.. should I just send them a payment? I never once recieved anything in writing from them. Never, ever. I never had a break down of what was owed neither - Should I call them back?

ok, i was rereading my ER Solutions post (making sure I did everything correctly). I did make payments, mostly to stop them from calling my mother. (I thought I made this clear in my former post where I was advised to send out the DV letter?)
I did not know my rights when they first contacted me and was scared. :/ I could kick myself as they were willing to accept $25 at the end of April (something I'd kill Nelson, Watson to accept..). I was just getting scared because they kept calling and saying my payments weren't getting anywhere with the late fees adding up. They offered some pretty nice settlements, but there was no way I could afford them.
Thanks so much to everyone here - I am so so so grateful for your help and advice. I just want to do everything right and legal and to not make things worse. Did I mess something up?

Ok, I tried to research this on my own so I can stop bothering you nice people but have found nothing. Could I validate a debt after making payments? In my ER thread, I explained that I did pay before (I apologize if I didn't, but I went back and looked and thought that was clear?). I was so confused though because they kept saying my $25 a month payments weren't going anywhere because of late fees. They also kept calling my mother's phone, dispite that I told them I can't be reached at that number. Also, they never sent back the green card - I did send them both a DV letter, as well as a separate C & D letter (yet they still called after recieving the C & D letter certified!).
I really don't know how to handle ER SOultions - they stress me out less than Nelson, Watson yet I really would like a break down of what i owe (For example, how it doubled from the credit limit in less than a year). I am mad at myself for paying first and to be honest, mad at myself for missing a payment now because I do not want to make things worse. That said, I never once recieved anything in writing.. will they say they sent something and I waited 30 days or something? Is this too late? Should I start calling them and making arrangements? Did I do something wrong? I just want to make this right.

I already posted in your other topic. I feel you have the right to request validation pertaining to the history of the account to see what total balance,interest,and fees come to. The down side I posted is by making payments on a debt,some courts have rules you admit to oweing it and in some states you also reset the sol for civil action by making payments.

cajunbulldog - I know you posted and i really appreciate your help. I just let this stuff get to me, that's all. I am trying to remain calm but it's hard. Everyone here always gives me the best advice and is so nice. :)
I wish I found this board a year or two ago because I made so many mistakes out of fear for these people. That's why i try to come here before contacting them and doing something to make it worse. :)
Is there anything I should do at this point? Should I resend the C & D letter and ask for my payment history and a written arrangement for payments? I liked paying $25 a month (in the past, I paid $25 once and $75 once.. there might have been another payment, I'm looking into it - I just don't see what good it was doing if it was only going towards late fees..)

Send a regular dv letter to validate and stay off phone. If they are willing to prove debt,then you can always request settlement offers be made in writing.

Thanks again for responding.. so I should send a second DV/ C& D? Should I mention this is my second request? They never sent the green card back but maybe I could print out the usps's tracking page? It's the phone calls that bother me since i kinda went through this with them before.
I would love to still work with them, though I will not pay them by electronic check anymore... Also though I have been told I get charged $75 late every month, I am pretty sure I get charged $30 - even so my $25 a month isn't getting me anywhere.. that's why I want the breakdown so I can see what I need to give these people.. I also do not appreciate them calling my mother or even me as I did send the C & D.
another question - i can still log into my account's webpage. It says my account is closed but does show payments made (i made payments through this company - but ER Solutions did charge me a $5 processing fee). Could I make these payments through the original Mastercard webpage? I really think ER Soultions is shady..

EDIT: I recieved the green card today - so I def have proof i have proof that they recieved my C & D letter before they called me.. this also means they recieved my DV letter. So should I def resend and say it's second notice? I hate to be such a pest, I just keep making mistakes and am learning stuff the hard way and just want to do this right..

Ok need some help here... I have an old Capital One credit card saying I owe about $800. The collection agency has been calling and calling, but they call durning the day when I am at work. I have now gotten a summons from court, my question is can I still ask for a debt valadation letter and a break down of the $800 in charges. Or did my right of the dv go away when they first sent me the collection letter giving me the right to ask for it then.

mccorda - Just curious, what agency is this? i'm sure someone will be around to help you.. i'm still trying to figure out what to do and feel pretty helpless myself..

No problem, the collection agency is Bowman, Heintz, Boscia & Vician, they seem to be out of Indiana and Illinois. They have been calling for a couple of months and like I said they call while I am at work. I just got the summons tuesday and with all the info I found out with pdl's I now want to have the debt valadated along with the break down of charges, because I am willing to bet over 1/2 of it is late charges and over credit limit fees and interest.

They already had a class action law suit against them.
read the following from 11/2007:

A pair of Merrillville debt collection companies are facing a class-action lawsuit in federal court for allegedly violating federal debt collection law.

The suit was filed Tuesday by Donna Ketchem on behalf of herself and 50 other Indiana consumers against American Acceptance Co., and the law firm of Bowman Heintz Boscia & Vician Professional Corp., both located at the corner of 86th Avenue and Broadway in Merrillville.

The Bowman Heintz Boscia & Vician offices were closed Wednesday, and messages left at American Acceptance Co. were not returned.

The suit claims both businesses are owned by the same people, with American Acceptance Co. purchasing delinquent debt from credit card companies and turning it over to Bowman Heintz Boscia & Vician to pursue collection in court.

The 50-plus members of the suit claim that American Acceptance Co. was misleading when it threatened to charge consumers the legal fees it incurred in collecting their debt, because it was not legally able to collect those fees.

Many major credit card companies, including Citibank, Capital One, Wells Fargo and MBNA (now FIA Card Services), prohibit collection agencies from collecting in-house attorney's fees.

The suit claims that, given the "substantial identity of interest" between American Acceptance Co. and Bowman Heintz Boscia & Vician, that the firm functions like an in-house firm and falls under the same rules.

Many major credit card companies, including Citibank, Capital One, Wells Fargo and MBNA (now FIA Card Services), prohibit collection agencies from collecting in-house attorney's fees.
Nelson Watson said they were attorneys and I'd have to pay court fees, isn't that the same or different? I still have to get the second DV letter to them - I will tommorow AM. I guess I will also send another letter to ER Solutions?

attorneys collecting for anything are subject to the FDCPA.that means they can't charge extra fees.also yes get another letter to ER solutions.

ok, good to know - i would have sent it out yesterday but i worked 12.5 hours than the post office was closed by the time i got there today..
I still am on the fence about ER Solutions - I feel dumb for sending a DV letter after making a payment - but I really want a break down. On the other hand, they did call me after recieving my C & D so I don't know why I feel like the guilty one? I am still curious why i have access to HSBC's site.. I'd love to just make payments with them.. see, the $30 (perhaps more?) a month late fee is killing me and I want to see if they really can do that? I just want this to be paid in full and I want to handle everything right because I am still kicking myself for past mistakes.

alright, so tonight i will pen both letters to ER SOlutions as well as Nelson Watson. Any advice? I need to send a second letter to ER Solutions because they called me after recieving my C & D letter. I am going to ask for another DV. I am going to send Nelson Watson a second DV letter because they claim my account is validated when it's not. I am going to work on this a little later, as I have not been able to sleep at night with these horrible monsters always on my mind.

Hello, I sent the letter to Nelson Watson (second request and all of that) certified and everything. I didn't send the ER Solutions letter yet - I will later today though.
I'm just not sure if I am doing the right thing for that one. I am def. putting that they ignored my C & D letter. I also am resending a copy of my DV letter. Should I mentioned that their call after the C & D letter has been noted for my records? What I'm also, really worried about is the payments.. Should I mention that I want to continue make payment arrangements via money order or pre-paid? Or should I try to make a payment online now on the cc's webpage? Should I send a payment with the DV letter since I have been making payments? I really am scared of messing this up, can someone please advise me on this one? Some please help? Thanks..

One more question (I know I'm a huge pest at this point but I'm just real, real scared...) how likely is it that Capital One could sue me? I know this thread is confusing, i just didn't want to clutter up this board with my pathetic problems.. Nelson Watson is collecting for Capital One - they keep saying they're going to have a judgement against me. I sent them a second DV letter today. Is that ok? I never recieved anything in writing.

ER Solutions is collecting for HSBC Mastercard - I sent them two, maybe three payments. They called after getting my C & D letter and said my $25 payments weren't going anywhere because I get charged $30 a month in late fees. I am resending the C & D letter, as they have called since recieving it. Should I send a payment with it?
I really hate to bother you nice, helpful people. This debt has really taken over my life. I can't concentrate at work, can't sleep, my health has suffered - it started with payday loans and led to this mess! I know I keep beating this to death but is there anything else I should know or do? I keep researching this on my own, as well. Thanks.

hey, i just wanted to see if anyone had any advice? like i explained in my previous post, i am having a problem with two collection agencies and I resent a DV letter to Nelson Watson(they scare me because they keep saying they will put a judgment on me)
and ER SOlutions is another one, who called me after the C & D lettter. I have made payments with them and wnated to know before I send another C & D/ DV letter, if I should send a payment with them. I never had anything in writing and had questions to the late fee they are charging.
I hope this makes sense. I really feel so lost, like I hit a dead end. I wish so much that I had enough money to pay them all of completly so I wouldn't have to live like this..

Excuse me but they are threatening you with legal action and they themselves are not attorneys? Nelson and Watson are Wimps and I highly doubt they will do anything. They will sell your debt and the next person who gets it WILL probably sue. I am guessing that it might go to LVNV Funding next.

As far as not getting payments to ER solutions, They are charging late fees?

What state do you live in?

Thank you so much for responding! I live in NJ and am going crazy over my debt. Nelson Watson said they were going to put a judgment on me. I didn????????t pay them anything yet and am waiting for debt to be validated. I hope someone else won????????t sue me. I only owe aprox. $600 ???????? I really want a break down. I tried to work out payments with Capital One but they only wanted the full amount, which I cannot afford. Nelson Watson offered payments of like $300 some a month, which I also cannot do. I????????m real scared of getting sued, I really want to make payments. This $600 bill was for a $250 credit card, I just would like to see a breakdown, Nelson Watson has screamed at me in the past and I cannot call them.
Than comes ER Solutions ???????? I paid them like 3 times, I think. They said I have a $30 late payment every month, so my payments aren????????t going anywhere. They also charge $5.95 processing fee. I sent them a C & D letter, which was ignored and a DV letter. I also really want a break-down. I haven????????t gotten anything back from them but am wondering if I should send a payment, since I have been paying them. I just wonder if they can really add those fees? Should I just send a payment? I don????????t want to get in any sorts of trouble.

anyone? any advice at all? i really want to know if I should send ER Solutions another payment on payday this week or if I should wait until it's validated...

if you sent the proper DV and C&D letters they can't get a judgement without validating.you could get a judgement vacated.did you file AG,FTC and BBB complaints,i thought you did.if so follow up complaints are my advice.that is what i did.just know they have to obey collection guidelines.they are not.you can take action against them,and you should.

Ok, to be honest, I never filed with anyone - I did for payday loans but did not know I could with collectors unless something happened. I guess stuff did happen, but I really honestly did not know I could file in my situation - i filed for payday loans because they are not legal in my state.
What could I say in my complaints for ER Solutions? How they called my mother and than how they called me after the C & D letter? I really want to pay them (i'm itching to, lol), should I send a payment with the resend letters or wait until it's validated? I have been paying them, I just didn't think they could charge any fees? (I missed last month's payment btw, because I sent out those letters..)
What could I say about Nelson Watson? The employee that yelled at me? That I am waiting for a debt validation?
I don't mean to sound so dumb, I honestly don't know what to do.

Okay, reports were filed with BBB, AG, and FTC for both Nelson Watson and ER Solutions. Do I just wait now? (I hate that part!) I still would like to pay ER Solutions (as I have paid them before) but am thinking I should wait for it to be validated? I really don't like that they add fees and I would love a breakdown. The DV/C & D letters have been resent, too.. is there anything else I should do right now? (or am I stuck waiting?)

Can anyone offer any advice at all? I'm worried about ER Solutions - they called after a C & D, and they are charging processing fees. I would like a written breakdown. I sent a DV letter (twice!) but do I even have the right to validate a debt that I paid on? I don't want to make things worse- I just wanted a breakdown. I did the reports and everything but am so scared I will held responsible for not paying on a debt that I started making payments on? I really, really, really need advice - can someone please help??

my only advice now would be to PM jcemt,or skydiver.they can assist further.you have rights,this place has to answer for this.i can only speak from experience.they have the tools to help you fight this.please do that,they can help from here.

Thanks - I do appreciate everyone's help, I will do that. :) I did recieve a response from BBB concerning Nelson Watson - I don't agree with everything (I really was not lying about the way the employees treated me. That was all real..) but I like what he said about forwarding it once recieved. I did not know how to reply so I emailed BBB back and told them I didn't see a place to reply and I do not agree with all parts of the letter but will make payments once info is fully recieved. But I'm scared they won't make payment arrangements with me. Anyway, here's the letter:
I have read the complaint filed by Miss.XXX. I have reviewed the account and listened to the audio telephone recordings. We have requested validation of debt for this account from our client Capital One Bank but to this date have not received anything back. After listening to the audio recording of the phone call with Nelson, Watson & Associates employee XXX and consumer Miss. XXXX I can confirm that at no point did XXX tell Miss. XXXX that Nelson, Watson & Associates LLC could not validate the debt because ???????it is in judgment???????. There will be no more phone calls to XXX employer. I can again confirm, (after listening to all audio recordings) at no point was Miss. XXX talked down to, or did any employee from Nelson, Watson & Associates LLC raise their voice on any telephone call. At no point did any employee Nelson, Watson & Associates, LLC tell Miss. XXX the she has no options. We will forward you the requested information once received

I put in a response - BBB said it was closing, pending to be resolved and that the company offered a partial agreement. I wrote back, saying it's not fully resolved. I disagree about the way I was treated and once I recieve the info, I will be glad to make arrangements.. I hope they work with me and hope even more I didn't make it worse :'(

hi bea--

I replied to your message. Now that I see you are in NJ, that helps--you can legally record telephone calls in your state. NJ is a "one party" state, which means you can legally record the telephone calls and not even tell them that youre recording them. As long as one of the parties in the call consent to the recording, then it's legal. My advice to you is to get a microcassette recorder that can be plugged into your phone and start recording these calls. Otherwise, it will just be your word against theirs as to if they even called, or what was said during the calls. I did this, picked up a recorder, and now I am in the process of suing two different CA's for illegal activity. There is no defense thats going to be very effective when you play the tape for the judge.

OK, I talked about the rest in my message, please dont be worried over this! We can help you through it, and you will see once this is done that you will really feel a lot better. If there are any other questions, dont be afraid to ask! and please, keep us updated so we can help you as much as you need

Jon

Thanks :)

hello, everyone - it;s me again. i recieved a validation (a sorta, kinda validation..) from Nelson Watson and also I recieved a letter from Capital One telling me to pay them. nelson watson said the dispute was invalid according to capital one and sent me a copy of every statement i ever had with capital one. but thats all they sent.. no license to collect, not even a copy of my contract! I am short on time right now but plan on researching this asap. They said to call to make payment arrangements. What should i do? Can someone please help, offer any kinds of advice at all? I'd love to make payment arrangements but i didn't even get the answers! What is my next step? Please help, I am so so so so scared of being sued.. like I said, I want to pay but am sure they are going to demand this huge lump sum and I'm so scared to even call them because of that last time they hung up on me. Does anyone have any kind of advice? thanks.. :/