logo

Debtconsolidationcare.com - the USA consumer forum

Capital One Settlement Offer

Date: Sun, 04/11/2010 - 19:41

Submitted by Nasim1267573302
on Sun, 04/11/2010 - 19:41

Posts: 17 Credits: [Donate]

Total Replies: 6


Hi Nelly, This note is to discuss Capital One case. They previously sued me in a different county from my home city. I requested the honorable judge to transfer the case because of wrong venue and the honorable judge did. I did not appear, just wrote letter to judge. Now case is in my home county. The Capital One Credit Card's original balance was around $1200. Interest and penalty for one year made the total balance around $2200. My family is financially not in a good shape with my credit totally screwed up and my spouse with a lot of credit card debt. I offer Capital one to settle the acct with 25% of the balance. They offered me to settle the account with one payment of $1500 by April 16. This is too much for me. Can you help me to settle the account lower than $1500 before their deadline. Court appearence date is very near. What other options do I have ? Will not it be good if it can be settled before the court date ? Is Virginia a state where a creditor can sue again after a settlement ?


Nasim, if you want to avoid the court date, your only option is to settle the account outside the court. You can check out the following resource on outside the court settlement .

"http://www.nedap.org/hotline/settle.html"

If you settle outside the court make sure that the creditor drop the case against you.


lrhall41

Submitted by SC on Sun, 04/11/2010 - 20:51

( Posts: 3937 | Credits: )


Quote:

Originally Posted by SC
Nasim, if you want to avoid the court date, your only option is to settle the account outside the court. You can check out the following resource on outside the court settlement .

"http://www.nedap.org/hotline/settle.html"

If you settle outside the court make sure that the creditor drop the case against you.


Capital One offer to settle the account for $1500. They also hired attorney where I have a court date to appear. Should I settle directly with Capital One or Attorney office. I received letter from Attorney office with 30 days notice where I have time to dispute.


lrhall41

Submitted by Nasim1267573302 on Mon, 04/12/2010 - 05:10

( Posts: 17 | Credits: )


Well, technically, there are other options. Under the terms of the Cap1 cardholder agreement, he/she could elect arbitration. It states: If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury....Claim means any claim between you and us...The controlling law is the federal Arbitration Act, which states upon proper application, the court case is stayed/stopped until the arbitration is had pursuant to the written contract. The advantage is you will not be responsible to pay atty fee on top of the judgment, which if you have no defense you will likely lose in court. To arb the claim, Cap1 would have to pay all arb fees, and their own atty fee, win or lose. The arb fees & costs (in JAMS)will easily exceed the amount they claim you owe and in the very least it would buy alot of time and possibly force a great settlement offer at some point. For more info on how to proceed, go to creditinfocenterDotcom and search for the arbitration forum. Does it work? I used it and they walked away from a 8k lawsuit. Being informed is priceless...


lrhall41

Submitted by maggie22 on Mon, 04/12/2010 - 07:54

( Posts: 140 | Credits: )


Quote:

Originally Posted by maggie22
Well, technically, there are other options. Under the terms of the Cap1 cardholder agreement, he/she could elect arbitration. It states: If you or we elect arbitration of a claim, neither you nor we will have the right to pursue that claim in court or before a judge or jury....Claim means any claim between you and us...The controlling law is the federal Arbitration Act, which states upon proper application, the court case is stayed/stopped until the arbitration is had pursuant to the written contract. The advantage is you will not be responsible to pay atty fee on top of the judgment, which if you have no defense you will likely lose in court. To arb the claim, Cap1 would have to pay all arb fees, and their own atty fee, win or lose. The arb fees & costs (in JAMS)will easily exceed the amount they claim you owe and in the very least it would buy alot of time and possibly force a great settlement offer at some point. For more info on how to proceed, go to creditinfocenterDotcom and search for the arbitration forum. Does it work? I used it and they walked away from a 8k lawsuit. Being informed is priceless...


Hello Maggie, Thanks for your important info. How can I get an arbritrator ? My court date is 3 weeks from now. I am in Prince William County, Virginia. Please give me some advice..Thanks..


lrhall41

Submitted by Nasim1267573302 on Wed, 04/21/2010 - 19:35

( Posts: 17 | Credits: )