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CapOne~ RobertEG, please help!

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damnedanddetermined
Established Contributor

CapOne~ RobertEG, please help!

RobertEG or anyone else that has any ideas~

CapOne is a CO on my CR. They still OWN my acct. It has NOT been sold but assigned to collections and it IS still reporting each month!! I have called CapOne to give them my FULL and FINAL payment on this CO. They keep referring me to this CA, who has told me repeatedly, they have no legal ground to collect from me because of jurisdiction (sp) we have moved from that state. They tell me that a letter will be sent to Cap one explaining this in 30 days.....but I should call them and let them know. So....I have called about 6-8 times in the past 2 days. Keep in mind, I am calling the EO office. Yesterday, I was told by Cap one that they were looking into it, and would call me with some kind of answer regarding my payment. Well, today came and went and no call, but I tried to reach them all day, and only got voicemail, meanwhile back at the ranch, they are continuing to report me 30 days late and drag down my score.

I would just like to know if jerking me around is legal? I owe them about 1k and they OWN this account...but will not take my payment!! WTH am I to do? The CA has washed their hands of this account and Cap One...well, who knows what theyre doing???? Anyone...I mean anyone, have any ideas? I have filed a BBB report on their circus act, cause Im tired of being their clown -

Message 1 of 6
5 REPLIES 5
RobertEG
Legendary Contributor

Re: CapOne~ RobertEG, please help!

If the creditor is not continuing to asess interest, then you are not being penalized for the lack of ability to pay, and thus terminate any further accrual of interest.

That is not relevant to the basic question, but would establish harm due to theri current refusal to accept payment.

 

The debt collector is apparently not licensed to collect in your current state, so that appears to be the issue.

Many assingments of collection authoriyt to debt collectors include provisions that all payments must be made thru the debt collector.

That is most liikely the creditor's current concern..... compliance with their contract with their debt collector.

 

A contract provision that would violate statute is not enforceable, so I would suspect that the creditor will reach the conclusion that they are free to accept payment notwithstanding any normal contract provision that has now become unenforceable.

If you were continuing to accrue interest due to the delay, then I would immediately send payment and assert that it termianted any further interest.

However, if they are not continuing to assess interest, then a short delay would not accrue further interest, and I would most likely give them a month or so.

 

They must, in my opinion, agree to promplty accept your payment.

If and when you decide to escalate, I would file a complaint with the CFPB and also send the credtior an intent to sue letter stating they you will file suit if they dont immediately accept yur payment.

 

The issue of contining to report 30 late rather than a new current status of paid seems secondary.

The CO is overshadowing that reporting. 

A CO is not taken after a 30-late, so pursiuti of that issue is apt to be handled on their part by reporting a new slew of major delinquencies.

I

Message 2 of 6
damnedanddetermined
Established Contributor

Re: CapOne~ RobertEG, please help!

Thank you RobertEG, Im going to take and follow that sound advice!! Smiley Happy)

Message 3 of 6
damnedanddetermined
Established Contributor

Re: CapOne~ RobertEG, please help!

Finally heard back from Cap One after filing complaint with BBB and CFPB...They have agreed to accept my PIF payment, but I have no date as to when (rep from EO said they are working on it) so, I continue to wait....she also stated that they will NOT remove their tradeline from my acct (which was part of the offer). So......by me PIF, they give me nothing that will help with my fico??? This acct is 5.5 years old, its going to be falling off in 2017. Being that they are playing "hard ball", should I (1.) offer them 20% now, and (2.) follow suit with sueing them for not taking my payment (which they still havent done, as of today?) Thought EO would be more helpful...guess not. Any suggestions on how to handle this to my advantage? I really dont want to give them PIF and they give me nothing, because as we know, a CO PIF, means.....nothing.

Message 4 of 6
damnedanddetermined
Established Contributor

Re: CapOne~ RobertEG, please help!

bump

Message 5 of 6
bodybuilder510
Regular Contributor

Re: CapOne~ RobertEG, please help!

Settling or paying in full is up to you. It's falling off soon and paying off the balance will stop it reporting monthly until time is up.
Message 6 of 6
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