Creditaddict wrote:
they are not going to serve you!! i wouldn't think atleast, and the fact that she threatened you is a vilation.
If the account is about to expire, they are going to do anything possible to try to get you to say ONE thing towards repaying this debt... that immediatly starts it all over.
If you just keep hanging up on them, and they don't pursue you legally then it will go away in 08 like you said and they can no longer try to collect on it.
There is some half truths in what you are saying. First is you don't know if they will or will not serve. But yes you are correct that if they do threaten to sue and don't act upon that threat and use it only in a scare tactic then yes they are in violation. But how that is figured out in terms of time table used is a very gray area.
Also they can try to collect on the debt up until you are six feet under. No SOL on collecting on a debt just a SOL on how long they can sue you and legally win a judgment against you. And even that can still be done if they sue you past your SOL and you ignore the papers served, they can still win a default judgment if you don't answer or show up even if it's 20 years past the SOL.
Now on to your current matter. Capital One is notorious for suing just in the nick of time of your State's SOL, remember that is very different than the credit report reporting time. So I wouldn't be playing too many games with Cap One. Seriously. They have no problems serving up papers.
You are within your rights to request that they do not call you at work. This is part of your rights under the FDCA. You can search on here or google it. But they can call you at work initially but can't once you've requested that they don't in the future they can't and will be in violation. So right now they are not in violation but if they call again, then yes they are.
Now you said Cap One shows up on your Credit Report but no Collection Agency. What I would do is not ignore this. I would call up Cap One and find out who is handling your account. You can try to work something out with them but odds are they will just tell you to contact who ever is handling it. But it's always worth a shot to try and work with OC.
Once I got that information I would call the CA or who ever is handling it and again, remain calm, cool and collective. Don't let them intimadate you or pressure you into anything. And don't get in an argument with them or let it get on a personal level. You just want to be in some form of communication with them. Ignoring them will only lead to a lawsuit. I would request that they mail you the account information to your home. It is totally within your rights to request written request for correspondence. They don't like to do it because of the next step. Once you receive their bill, send them a Debt Validation, which is required by law and they know it. That will put any collection procedure on hold until it's validated. Send your request CMRR. A MUST!!!!!
If the debt is valid then you can start any type of negotiations with them. Or if you have the money now and you know the debt is your's and don't need the delay part of the Debt Validation, I would see if you can try to get a Pay For Delete, though I've heard Cap One is very difficult to deal with on that or try to get into an affordable payment plan.
If they person you talk to is the same person and you are getting the same type of reaction, request to speak to another representative.
Keep us updated.
Please do keep us posted!