Debtconsolidationcare.com - the USA consumer forum

Capital one to sue me??

Date: Sun, 04/27/2008 - 16:57

Submitted by bea2ls
on Sun, 04/27/2008 - 16:57

Posts: 3840 Credits: [Donate]

Total Replies: 134


Hello, I have another thread on this forum - please forgive me for starting a new one! I got an even more upsetting matter now, though. I first had this with my ER Solutions thread but this really is a whole new issue - I am sorry if I broke forum rules..
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..


you said that cap one sent you a letter telling you to pay them...was "them" cap one, or did cap one tell you to pay nelson watson?

I dont know if statements is enough to be proper validation---anyone can go through someone's trash and get an account statement. But there should be some contract, something that shows that the extra charges they are claiming you owe are legal and legitimate. How do the statements stack up to what Nelson Watson claims you owe? How about the letter Cap One sent--how do all these dollar amounts compare?


lrhall41

Submitted by on Thu, 05/29/2008 - 14:12

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thanks for the quick response.. i got a letter from capital one saying to pay nelson watson.. which i found kind of strange for the company to send? I have no idea who even owns this debt.. capital one's letter did not include an amount and the statements did seem to be right. Should I make arrangements? I still do not want to call them, though - sounds stupid but i'm scared cause of last time.. i just want to do this right..


lrhall41

Submitted by bea2ls on Thu, 05/29/2008 - 14:18

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Ok, I was just making sure everything was okay - how do I do this? Do I call or should I send a letter? Should I offer payment arrangements? They said something about making a settlement offer by June 20? I really will pay, I just wanted to make sure everything was done right.. because in the past I have made the mistake of paying this one collector who turned didn't send the money to the original creditor and it was a mess.. thanks for everyones help..
Paul - if your reading this, how was Nelson Watson for making arrangements? I don't know if I can afford to make a settlement.. do you think they will work with me?


lrhall41

Submitted by bea2ls on Thu, 05/29/2008 - 18:30

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not gonna be a jerk or anything but capital one really does pursue legaly nelson watson and associates is a multi-divisional office who does have attys on retainer for certain client we dont sue the capital one account be we do recommend suit if we feel it is the best option for our client. the capital one division is NOT regular collection it is a sepperate pre-legal dept and we do have to contact our CS dept for verify any and all arangment meet cap1 standards its nothing personal against you or your situation but a creditor does and should have the right to bring you to court to get there money back. yes they are a multi-million dollar company but they didnt get that why by letting people disappear with there money. just my two cents and once again its nothing personal shoot i myself owe cap1 money but ive gotta get it paid to keep myself outta pre-legal


lrhall41

Submitted by on Fri, 06/06/2008 - 10:43

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how much do you owe
apx. start up and charge off dates
what can you afford
are you in a hardship?


lrhall41

Submitted by on Fri, 06/06/2008 - 10:58

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Thank you for your opinion.. I didn't take any offense to it and appreciate the insight (as well as insight from everyone who responded.) As i have said many, many times in every post I ever made, I 100% intend to pay off this and all of my debts. That's why I'm here - to get everything paid off and to live debt free. :) . If you read the earlier parts of this post, I was very weary of Nelson Watson (still are to be honest) because I feel they tried very questionable methods. But, I have been in constent contact with Nelson Watson since the "validation" came back. I owe $611 and they are willing to settle for $474 but I have to pay it by June 22 and am not sure if I can get that much money at one time. When they first called, they said I could qualify for a hardship because in all truth, I can only really afford to make small monthly payments. I am trying to borrow money to get this thing settled because I just want to be done with it. Dispite working 50+ hours a week, I can still barely pay my regular bills (rent, car, etc.) and have to admit I do find it very hard to feel sorry for Capital One when my original credit line turned out to be only about $250.


lrhall41

Submitted by bea2ls on Mon, 06/09/2008 - 11:42

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Hello, I have a very **urgent** problem. i'm on hold with Nelson Watson and they are telling me they have no record of me at all and have no idea who the guy i have spoken to was. Does anyone have any idea what's going on? I asked her if they sold my debt to someone else and she said it would say - they simply have no record of me. I'm in such a panic, what's going on? I gotten several letters from them, a debt validation, etc. Now I don't exsist? Can someone please help asap?


lrhall41

Submitted by bea2ls on Mon, 06/09/2008 - 14:58

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Hello, here's an update about Nelson Watson. I told the representative I've been working with that I will contact him on Friday (today). He kept pushing me to settle. I'd love to settle but don't think I can get that much upfront. He said keep trying to settle than if I can't, we can work out a payment plan. He also said I could make a good faith payment to prove how serious I am. Well, today being Friday, I called him. I first emailed him twice as he has given me his email address and has responded in the past. But after no response and noticing it was towards the end of the day, I did call. He was a lot less friendly this time and said he told Cap 1 that I was going to make a payment online today. Well, i rushed home and gave $25 (all I could, he said it was okay). On the note screen, I requested that all payment agreements to be in writing. I called him twice since than and left two messages making sure he knows I did pay. I am now worried again. I would love to settle and get this over with. I lost my second job because I had to call out due to a family emergency. Since I was still on probation there (new worker) all call-outs are reason to be fired. And I was. And I don't know. I don't want anything bad happen to me. I know people here keep telling me to pay it and this and that. But I have to point out once again that I have every intention to pay. I honestly do. I paid the good faith payment, I just really want to make arrangements. I really want to settle so bad, I just don't think it's an option for me and he said he could arrange payments. I don't know. I am keeping in touch, I made that small payment today, I am calling, emailing. i don't know what else I can do. I guess I just need to vent because I am so sick of crying over money. This has brought my health down, just brought me to a whole new low. I even considering adding this to my 2006 bankruptcy but am not sure if that will financially make sense (and I really want to improve my credit.) I mean, people can judge me but I'm no dead beat. I stopped paying this bill because I was faced with homelessness. Seriously. It was due to payday loans and all my fault but what was i to do? Than the late fees added up, Cap 1 didn't really want to work with me. Than between almost losing my car, these people called. the last thing I want to do is get sued. I am trying so hard and barely making ends meet still. Is there anywhere I can contact for advice? Am I being unfair to Nelson Watson? Am I over-reacting? I really don't mean to be a bother, I am just so stressed, I just need to get this off my chest.

On another note, ER Soultions still has not validated, though they sent me a BBB request saying they will as soon as they get everything together. I don't know?

As I said, I really am a good person who is trying to make ends meet. All advice, opinions, etc. given to me have been so appreciated and were literally a lifeline to me.


lrhall41

Submitted by bea2ls on Fri, 06/13/2008 - 14:03

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After calming down a bit, i worry was I hasty again? I broke my own rules of getting something in writing upfront. I know I didn't agree to pay today. I also know I should have paid by money order. Like I said, I was feeling guilty, feeling like a loser, feeling low. Did I do something wrong? Am I doing this right? I really, really, really need support, advice, anything..


lrhall41

Submitted by bea2ls on Fri, 06/13/2008 - 14:11

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bea...I know it is difficult, but you have got to take a deep breath and relax. Go take a walk, rent a movie...anything to get your mind off this for a little while. Do not talk to these people on the phone!...he is working you. He is intentionally Not responding to you in a timely matter, then using his delay against you and making you feel guilty. Demand, in a nice way, a payment plan in writing..make them settle with you on a payment plan you can afford. He knows he can take advantage of you. Remember, in the worst case senario, if they file a judgement against you, you do have the right to respond. Please in mind they don't want to go to court either...its only 50/50 that will get what they want..not great odds.
Does you employer offer a Employee Assistance Program? If you don't know, ask you HR dept.
Contact your county/city legal aid to see if you are eligible for assistance.
Is there a woman's resource center in your town or city...if there is call,explain your situation...maybe they can offer help.
I understand you fear...I share your fear and am dealing with my own demons
assistance.


lrhall41

Submitted by on Fri, 06/13/2008 - 17:18

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thank you so so so much for responding. I'm sorry I didn't get back right away, I try to avoid stressful stuff on the weekends as it is literally affecting my health. :)
I'm proud to say that I will be able to settle with Nelson, Watson. I have to call to make all arrangements but I was able to borrow enough. However, I am still so scared and so behind on bills!! I'm glad to get this one away though.
For my other bills, I still have not heard a peep from ER Solutions except that they will send everything once they recieve it and all collections efforts will stop until than. It's been about 6 weeks since I asked them to validate, I don't know..


lrhall41

Submitted by bea2ls on Mon, 06/16/2008 - 06:37

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beals,ER SOLUTIONS is a bottomfeeder CA.chances are you won't hear from them again.


lrhall41

Submitted by paulmergel on Mon, 06/16/2008 - 06:45

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Thanks, Paul - I had a feeling about ER Solutions.. they said they would validate, but who knows?? They're calling for HSBC, who still sends me billing statements, it's a weird situation.
Again, though, thanks to everyone with the Nelson Watson case. I am now waiting to hear back from him to confirm but I am def. able to settle. Thanks again to everyone here!


lrhall41

Submitted by bea2ls on Mon, 06/16/2008 - 06:54

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Quick update: I am trying to settle! I am going to have the money but I asked for the amount in writing to be adjusted since I already paid $25 towards it (and it was my understanding that any money paid before the date would be put towards the settlement.) He said I don't need anything in writing since the settlement is still good. So is it okay for me to pay the amount minus the $25?? Someone please advise???


lrhall41

Submitted by bea2ls on Mon, 06/16/2008 - 12:23

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If it's not in writing, it's not a deal. If they won't give it to you in proper, written form, do not pay them anything. By proper, written form, I mean typed or printed on company letterhead, and signed in ink by an officer of the company. Deviate from these guidelines at your peril. They could easily take your settlement amount and then sue for the remainder, unless you have a written agreement.You also want that written agreement to state that they will mark the debt as paid/settled in full, and that they will not sell, transfer, or assign the account to any other entity.


lrhall41

Submitted by unclewulf on Mon, 06/16/2008 - 18:02

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Thanks, unc - great advice! See, that's why I was concerned.. i still don't trust them and it was so hard for me to get this money so quickly as it was, i'd be devestated if something went wrong. I have the original amount in writing but since I made a payment towards it, I thought maybe I should get the new amount stated? I do have the original one stated though.


lrhall41

Submitted by bea2ls on Tue, 06/17/2008 - 10:30

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Ok, i am paying Nelson Watson either today or tommorow. Yay!

Now for the other situation - ER Solutions. They haven't validated by debt but HSBC (who they collect for) still bills me and sends statements that charges me late fees and insurance protection. Since the account is so over-due, I don't even want this info! Whenever I try to ask HSBC they refer me to ER Solutions, but ER Solutions cannot even validate this debt!! I am really confused about this?


lrhall41

Submitted by bea2ls on Wed, 06/18/2008 - 07:29

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No, not yet. I did call and emailed about that one and I was told it would be out after the payment is processed. It was paid on a prepaid but I can see the activity online and it does say pending. I printed the statement and their confirmation for my records. i will keep up on them, though. it feels great to have one more out of the way!


lrhall41

Submitted by bea2ls on Fri, 06/20/2008 - 06:04

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keep on them beals,they will send it.they are just slow with everything.


lrhall41

Submitted by paulmergel on Fri, 06/20/2008 - 06:18

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hijack..... question for you. I am being harrassed by phone by Nelson and watson and they are calling the wrong number. Never been harrassed by phone before. What would you do?
Deb


lrhall41

Submitted by on Mon, 06/30/2008 - 07:45

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i would send them a debt validation, guest. nelson watson really does validate and once it'[s proven you don't have a debt, they'd probably go away? (but it's probably too late, consdidering you posted 6/30/08)
but an update: I FINALLY got my paid in full letter!!!! :)
thanks again.


lrhall41

Submitted by bea2ls on Tue, 08/12/2008 - 10:36

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Hey Bea2ls.

congrats on settling and everything with nelson.

I am too facing up to the my past and want to pay off my credit. I had a capital one card and i called them today ; only to find out it has been pass n to Nelson.

I beleive i owe about 4k on it. I am not sure the correct amount since it has been delinquient since 2004. I have yet to call nelson because i am scared. any advice? i want to settle because i can't afford the 4k.

would my first step be calling them to see what they have to say or should i send them a DV letter.

Your story is very encouraging!


lrhall41

Submitted by changetobedebtfree on Wed, 09/10/2008 - 18:35

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hello, thanks - first of all, send a debt validation letter! they will validate but this will cost you time. Did you ever recieve anything from them? How old is this debt? You should have. Nelson Watson has some unplesant people working for them, thats a warning. They actually blocked me from everyone but upper management because I kept reporting them for harrsement, lol. But it worked. If you demand respect, you will be treated better. They settled with me, and I'm sure they will settle for you but I don't know how much they will knock off because my balance was kinda low (it was only a $300 card). Good luck though and keep us posted. :)


lrhall41

Submitted by bea2ls on Tue, 09/16/2008 - 07:20

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eekk...

ok, i called them (nelson, watson..) on friday and they informed me that they no longer have my account. And i asked them if they know who has it because i was given there number.

the rep told me that they actually have two accounts for me and they all both closed at their office. however, if i want to pay them off, she could email the client and have the file sent back to their office.

Apparently they have my captial one and a sound advice card. I told her that I want to settle for about 50% of what i owe. And she told me striaght up that they will not settle for less than 70% of what i owe.

They have my capital one card at 7K!!!!!!!!!!! I can't afford 70% in one payment.


what should i do at this point? I haven't DV them because i don't have an account number.

As far as sound advice card, another agency is saying they have that debt.

i'm so thrownback! (sorry if i am not making any sense)


lrhall41

Submitted by changetobedebtfree on Mon, 09/29/2008 - 08:07

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they first sued me for 3500 back in 2005 and I paid 1500 and now they are trying to garnish my checks because they said I owe them 6300 now from interest fees. On my letter, they always handwrite a fee stating I owe way more and the are not willing to settle with me. Can someone please respond and give me some options to prevent them from garnishing my checks. they already have a class action lawsuit against them.


lrhall41

Submitted by on Thu, 02/26/2009 - 13:29

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Does ANYONE know how that class action lawsuit came out?? It is now 2010 and I see this was running TWO years ago? I got taken to court for a Capital One bill that was only about $600, and these attorneys (Bowman, Heintz, Boscia et al) are trying to charge me $1027.62 PLUS unpaid fees of $70.00 they say, PLUS attorney fees of $125.00 and "costs with relief"!!! Someone please help me--I went to court and asking for another hearing (they did NOT get the judgement) and it is for mid-August so I need to know right away! I have NOT called them and offered a settlement yet. Thanks someone!!!!!


lrhall41

Submitted by on Thu, 07/22/2010 - 05:24

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