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Hello all. I believe I am in a somewhat unique situation. I lived in the US when I was a grad student, got a Capital One Credit card in the summer of 2007. I left the US in the fall of 2009. I kept paying (and using) my credit card, using a relative's address. Late 2013 though, he stopped using my money to pay off my card and instead bought stuff for himself. The card has always been with me so he was only using the money I was sending and not my cc.
Fast fordward to this year and my aunt tells me I have all these letters regarding my credit card. Long story short, I am being contacted by a collection agency. I owe almost $3500 dollars, as no payment had been made in more or less 18 months.
The thing is, I do not live in the US anymore. I want to pay, ideally in full but I'm flexible on that. How do I proceed?
I know you have to ask for things in writing and all that stuff, which complicates my situation a bit since I am not physically in the country. I am reading about ho to pay, and how you should always send a cashiers check. I have a savings account with Wells Fargo (checking account wasn't used and had a $0 balance for a few months so they cancelled it).
Should I call the collection agency? Capital One? Any advice is well received at this point as I have absolutely no idea how to proceed and what to do.
Thank you all very much.
TL;DR. Contacted by collector agency regarding cc debt, I no longer live in the US, want to pay debt, how to go about doing this?
AS I see it, you have two separate issues. One, how to negotiate payment of the debt to your best advantage, and two, who and how to pay.
The first question depends of who now owns the debt, and whether you wish to also pursue credit report deletion of any negative reporting.
Have either or both the credtior and debt collector reported to the CRAs?
If so, you may wish to first send an offer to pay that is conditional upon their agreement to delete their derogatory reporting.
You can read up on this pay for deletion (PFD) process here in the forum.
The second question is how to remit funds if they accept or you wish to simply pay without any other conditions/agreements.
I would simply send a money order.
Thank you for your reply. At some point I would have hoped for report deletion but seeing as to how I will probably never live in the US again that part doesn't really factor into my decision making anymore.
Regarding who owns the debt now, I'm not entirely sure. I was sent a picture of the first letter that arrived and it doesn't really specify it, unless I'm missing something. I'm attaching the letter here, I just blackened out some of the sensitive information like my name and account number, hope that's ok. I don't know if either if reporting to a credit agency or not at this point. I am assuming they are, and like I mentioned earlier, not being an American citizen really disquilifies my from getting a job in the US and living there, not that I'm applying either, so if my credit score goes to crap or not from now until a few year from now is not on my priority list.
Regarding the second issue, how to pay, I have no problem in going to the US and mailing a check. Unfortunately my driving range realistically can only take me to California or Arizona and the closest Capital One branch is located in Texas, so for me at least, mailing a check is my only option.
So I'm attaching the pictures of the two letters that I have received so if you can decipher something I missed, please let me know. Once again, thanks for all the help.
http://i.imgur.com/pXng6Zz.jpg
http://i.imgur.com/8RgbjfJ.jpg
EDIT: I'm also wondering, if I owe that, can I get into the US even? I don't think the two are related but I'm just wondering about it.
I just downloaded my credit report, sorry but I can't make heads or tails of it. I see al the relevant information, I just don't know where does it says who owns the debt now. Any help?
Sorry for being such a newbie but it's the first time I've had to deal with issues like this.
The first letter is a standard dunning notice that identifies Cap 1 as the current owner, and that they are collectiong on their behalf, so as of that date, Cap1 still owned the debt.
If the creditor sells the debt, they are required to promptly update their reporting to read $0 balance owed to them.
If they are still showing a balance, that inidicates that they have at least not notified the CRA that they no longer own the debt.
If they (mrsning the OC) have update to show $0, that is their statement that the debt is no longer owed to them.
THank you. So I know now that Capital One still owns by debt so I will be calling them directly. Is it better to call them or to call the Lawyer's office?
@Anonymous wrote:THank you. So I know now that Capital One still owns by debt so I will be calling them directly. Is it better to call them or to call the Lawyer's office?
Call Cap 1 (as they own the debt) and tell them you would like to pay it and tell them you want to send a money order and would like to know how to proceed (ie- where to mail it to).
It's a PITA sending a money order. Here is what will happen: You send in the money order thinking you have taken care of the issue. They then add on a $2-3 interest charge on your account, and you have to send another money order to cover that. Which generates a few cents interest, and you send in another...
Call them and arrange a number which, if you send it in, will complete your obligation and not require a further payment to cover any owing interest.
Here's what happened. I called them up, they said they would send me a fax with the exact amount and a date up to which that amount holds. Once the fax is received I review the terms, and if I agree, I sign it and send it back. I then do a wire transfer before the stated limit date and that would be the end of it. They seemed interested in finishing this issue seeing how I don't live in the US. I liked the written part as it is a paper trail. So, was that OK?
Edit: Just wanted to clarify that the amount was discussed in the phone call, the fax would be a formal statement of what we agreed upon during the phone conversation.