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Valued Member
salukidean
Posts: 30
Registered: ‎05-17-2007

Help with clearing Capital One charge back account

I have an old account with Capital One which as charged off and I currently owe $3288 (high balance was only $1784...but I guess late fees and interest have added to this over time).  Its due to be removed in May 2010....however, I 'd like to send them a PFD letter offering a 40% lump sum settlement.  If this is not accepted though, am I better off waiting this out than taking any other terms of settlement?  The way I understand this is that any change to the account will update the timeframe and if I pay it off without a deletion it would remain on my report to 2014!
 
I'm hoping to buy a car in 3-6 months and this is the largest negative item I'd like to correct (I have a couple of judgements in public record...but don't think I'll be able to do anything with those).
 
Thanks in advance for your help.
 
P.S.  I just recently acquired a new active card from Capital One within the last 2 months....should I mention this in the PFD letter or is this better left unsaid?
Established Contributor
so_confused
Posts: 630
Registered: ‎06-20-2007

Re: Help with clearing Capital One charge back account

Most folks here have had no luck PFD with Cap1. They will sometimes agree to settle for less then owed, but their not cooperative about PFD. If your still in the SOL, you may be giving them reason to pursue you. IMO
9/18/08 TU=707 EQ=706 EX=702
Valued Member
salukidean
Posts: 30
Registered: ‎05-17-2007

Re: Help with clearing Capital One charge back account

I understand that Cap One is not the greatest to work with in settling...however, having that $3288 balance on my credit report is killing me right now.
 
If I settle and its not removed....is it true that it would stay on for 7 years from date of settlement?  Or would it still drop off at the original date?
 
Perhaps if I settled and than sent them a GW letter 3-6 months from now stating that I'm a current customer whos paying on time now, blah blah blah.....do you think that might be more effective?
Established Contributor
so_confused
Posts: 630
Registered: ‎06-20-2007

Re: Help with clearing Capital One charge back account

It will drop DFOD.  And your right paying down the debt will improve your score.
9/18/08 TU=707 EQ=706 EX=702
Established Contributor
so_confused
Posts: 630
Registered: ‎06-20-2007

Re: Help with clearing Capital One charge back account

Sorry...DOFD
9/18/08 TU=707 EQ=706 EX=702
Valued Member
salukidean
Posts: 30
Registered: ‎05-17-2007

Re: Help with clearing Capital One charge back account

Any other advice from people on how to deal with this account?
Valued Member
salukidean
Posts: 30
Registered: ‎05-17-2007

Re: Help with clearing Capital One charge back account

OK...I definitely want to prepare this letter and send it tonight....I think I'll still shoot for a PTD, but be prepared to accept a straight settlement if they come back with an offer (better to have it cleared and still listed than still on there with a balance). How do people feel I should handle the situation of having an account with them now though? Since I got the new card (its only been a few months), I have paid them on a timely basis and hope they would consider this a postive factor. However, I'm actually surprised they gave me another card with this charge off unpaid. I'm wondering if its a mistake on their part and would bringing this to their attention cause them to cancel my new account? Any last minute advice???? Thanks in advance for any help which is provided.
Valued Contributor
Boswd
Posts: 1,065
Registered: ‎04-26-2007

Re: Help with clearing Capital One charge back account

You should also know that Cap 1 is very sue happy  and with a balance of $3288 they would have no problems suing over that.   They also have been known to sneak in the judgment close to when the SOL is about to expire.  So be carefull in dealing with them
Valued Member
salukidean
Posts: 30
Registered: ‎05-17-2007

Re: Help with clearing Capital One charge back account

[ Edited ]
Here are the SOL for Nevada..... Nevada Statutes of limitation Written contract: 6 years. Verbal contract: 4 years. Property damage: 3 years. Personal injury: 2 years. My question is though....is my account with them a written contract or a verbal contract? I'm guessing a credit card account would be classified as a written contract...but does anyone know for sure? Also when does the SOL start? Date of last payment was June 2003 and Date closed was Feb, 2004. Would this place me within the SOL until Feb 2010? Sorry for the questions....but I'm not real smart when it comes to this stuff (but trying to learn!)

Message Edited by salukidean on 07-09-2007 02:13 PM
Valued Member
bl00dymary
Posts: 35
Registered: ‎05-25-2007

Re: Help with clearing Capital One charge back account

Capitol One reages their accounts, so it is doubtful it would drop off in 2010 anyway.  I just recently settled an old account with Capitol One.  They offered me 60% off of the balance -which was all interest charges anyway- so I paid it through the collection agency.  The agency sent me a letter stating the account was considered paid in full and reported the information back to Capitol one.  Capitol one then DEDUCTED what I paid as a settlement from the balance due and reported the new "balance" to the CRAs.  My score with TU dropped over 30 points that day- I was pissed.  Long story short, a few phone calls, faxes letters later and now EX is still the only one still reporting it- I am mailing out my proof of payment to them tomorrow.  TU and EQ deleted the entire thing.  I guess all in all it was a good decision to pay it, just a lot more aggravation than I had anticipated.  My advice would be to settle it, but be prepared to have to back up everything and don't expect it to drop off overnight.

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