General Credit Topics

[grneyes]

In Oct my husband and I separated. As a result, neither of us could afford our car payment through Cap 1. So we voluntarily surrendered it, I know a repo is a repo....

Fast forward to present - I have a CA (Financial Asset Management) trying to collect on behalf of Cap 1. Cap 1 never sold the account. I sent a settlement offer CMRRR for $9000 to the CA. In the letter it also included a statement advising that I will not accept any calls on this, only correspondence in writing. They received the letter on 3/24.

Since then, they have called me 3 times. Today I answered the phone and advised her of this and she insisted that I had to list a specific phone number or it wasn't valid and that I was interpreting the FDCPA incorrectly and that she will correspond with me in writing only after we can verbally agree to payment terms as they were not accepting my settlement. If I don't discuss this with her, then she is going to start judgment procedures and income verification, etc.

So... I don't know what to do now. I told her that I needed to discuss this with the other party (husband) to see what we can come up with. She is a typical debt collector, very rude and arrogant and on top of this for Cap 1... so I don't want nor need a judgment, but don't know how to proceed on this. 

Any suggestions/help at all? I am just getting started on repairing my credit and this is the absolute last thing I need... as anyone... I was honestly thinking about letting them verify considering the fact that both of us living separately, with separate expenses isn't going to be favorable to getting paid, period. Or should I be contacting a lawyer for assistance at this point?

Message Edited by grneyes on 03-31-2008 11:21 AM

Message Edited by grneyes on 03-31-2008 03:08 PM

[grneyes]

Anyone? Bumpity, bump, bump, bump....

[CreditDrama85]

send the CA a proposed payment plan breaking the full balance up over a 1 year period (send it CMRRR) how much would that be per month? even if you cant make the payments or made partial payments, they would most likely have to wait until after the 1 yr period to start talking about a judgement.....

just my personal opinion...thats what i would do!

it also wouldnt hurt at this point to see how good Cap1s records are and dispute the account with all 3 CRAs as open/never later or NOT YOURS...and see what the CRAs come back with.

[ByrdMan]

Hi grneyes. I count three and a possible four violations of the FDCPA. Three for calling after you stated to communicate only in writing and the possible fourth for threatening a lawsuit w/o intentions to do so. This is hard to call at this point, but it sounds like a typical CA tactic. I would consult with a credit atty to see what he/she has to say about it. BTW, list every phone number you can think of for them not to call you at. She is interpreting it wrong IMO.

[grneyes]

Thanks Byrdman. I was thinking that she was in violation because, after weeks of researching, I have not found ANYTHING stating that I need to specify which phone numbers, if I want no communication via the phone. I specifically stated in my letter "I will not accept any phone calls on this matter. All correspondence must be made in writing."  Plus, the first letter I sent them, to what I thought was their "primary address" as it is the most prominent on their statement (there are three addresses all over the thing) they never got. So when she called me after that one, I told her that I was amazed that our United States Postal System was a complete and utter failure! So then I sent CMRRR to all of their addresses (after I hung up on her). Amazing how they received all of those.

After we separated, this company and lady got a hold of my phone number and sent all of their CMRRR corr to me, to include my husband's which he is at a diff address. Nobody bothers him, just me... and the kicker is, he was primary on the acct.

[ByrdMan]

If they keep violating, they are going to widdle their profits away ($1,000 a whop).

[grneyes]

PS. The only thing that really worries me is this is Crapital One we are talking about... they are famous for following through on their threats, especially when its a higher amt due, is about $16k. We only had the jeep for a year before telling them to come get it...ended up almost losing my house too, but got out literally 3 weeks before the sheriff sale. So my CR's are a disaster....

[ByrdMan]

True, but they got something for the vehicle. They didn't give it away. I am sure there is some padding in that $9000 CA. Just keep good track of all of the violations.