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Member
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Registered: ‎07-25-2008
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Capital One - Legal Department, Not Collections?

[ Edited ]
So its my first post, "hello" :smileywink:
 
I was wondering, I called Capital One as I have one bad charge-off on my CR and they said my account is no longer in collections that its moved to legal and there is no address to send anything to, just a fax number.  Anyone else have this problem?  I had a letter all written up to send the Collections Department to work something out, BUT they said I can only fax things to the legal department because my account was no longer in collections?  I am really confused... should I get a lawyer?


Message Edited by dpinside on 07-25-2008 03:21 PM
Regular Contributor
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Registered: ‎06-10-2008
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Re: Capital One - Legal Department, Not Collections?

What's the fax number you have? I need to send something as well.
Sorry I don't have an answer to your question.
Member
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Registered: ‎07-25-2008
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Re: Capital One - Legal Department, Not Collections?

18047877675 Fax to Capital One Legal Department
 
Should I just FAX my letter that I was going to send to the Collection Department?  Would that be a good Idea?  Really want to avoid a lawyer and court and settle this debt.  I have the money to pay it and want to make the best out of the situation so its a win win for myself and capital one.
Member
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Registered: ‎07-25-2008
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Re: Capital One - Legal Department, Not Collections?

I settled a Capital One chargeoff back in 2005 with their "legal" department, which is really just another collection agency with lawyers. The name of the company is Eskanos & Adler. This is the phone number for them:

1-800-364-9919

You may want to call that number to see if they are handling your account. Also, if you are sending a "pay for delete" letter make sure that you get everything in writing.
7/19: TU 532, EX 546, EQ 592
Member
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Registered: ‎07-25-2008
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Re: Capital One - Legal Department, Not Collections?

Well I faxed them a PFD letter and said that i would only correspond over fax or by mail for documentation purposes.  Waiting to hear back from them...ill keep this thread updated on progress.  Hopefully CrapOne and I can come to a resolution. :smileywink:
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Re: Capital One - Legal Department, Not Collections?

[ Edited ]
Ok, so I faxed Capital One my Negotiation letter on Friday to see if they would except my offer. I basically said I would pay in full and pay all late fees etc etc...

Today I received this letter via UPS overnight:

Capital One
P.O. Box 30285
Salt Lake City, UT 84130

Dear Mr. XXXXX, You currently have an outstanding balance of XXXXX on your Capital One account. You have not paid this amount as we agreed. As a result, your account has been charged off as a bad debt, and we have notified the credit reporting agencies.

Call us by 08/04/08 to make arrangements to pay this debt. Otherwise legal action may be initiated without further notice. Should this happen, you may also be responsible for for legal costs incurred during the litigation.

If we pursue legal action, this will also be reflected in your credit report, as will any judgments obtained against you. Lawsuits are a matter of public record and could potentially be viewed by landlords, employers, and other creditors.

Capital One would like to resolve this situation without litigation. We urge yyou to call now to settle this debt. If we do not hear from you we plan to file suit against you for the entire balance.

Please send your payment of XXXXX in the enclosed envelope. Please write your 16-digit account number on your payment and include the enclosed payment coupon. If you cannot make the payment, please give us a call at the number below so we can discuss your situation.

Sincerely,

Capital One
Legal Recoveries Specialist
18885672271 Ext 453-8730

--------------------------

Now in the letter I faxed them on Friday, I said I acknowledge my debt and stated the reasons why I fell behind, and would be willing to pay IN FULL if they changed the status of the charge-off to paid as agreed and closed by consumer.

TBH, the debt owed to them is under 1k, and going to court would cost a heck of a lot more than the debt owed to them. And this is their response? Like I didn't even try to contact them? Blew my letter off? This is the FIRST letter I have received from them about my debt to them. Any advice as to what my next steps should be? I am hesitant to even call them again, because the "Specialist" I talked to tried to force me to pay the whole thing and didn't even want to listen to my situation. Sigh...I just don't know what to do now. This is the only baddie on my CR.

Message Edited by dpinside on 07-29-2008 09:12 PM
Established Contributor
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Registered: ‎05-29-2008
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Re: Capital One - Legal Department, Not Collections?

I'm no expert, but I think you would be better off offering them a PFD agreement instead of asking them to change the CO to "paid as agreed".  I am not sure they even CAN do that, and, if they could, I doubt that they would.  Unless deletion of this account would have a severe effect on your credit history length, I would try a PFD arrangement.
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Registered: ‎05-25-2008
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Re: Capital One - Legal Department, Not Collections?

DP, how OLD is this debt???

I hate to say this, but you may have woken the proverbial sleeping giant. Now, they may go ahead and sue you if you don't make an arrangement with them. Depending on your state's SoL, you may have reset the clock. :smileysad:

IMO, NEVER negotiate a PFD unless it's out of SoL ... it gives them more incentive to accept the PFD. Otherwise, if you're still in SoL they don't have to accept it. They can shrug and just take you to court. :smileysad:

And FTR, I've never heard of Cap One accepting PFDs. :smileysad:

Give us your state and the date of last activity (last payment) AND date of final delinquency. We can then see what your options are.

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Hubby's FICO NOW (04/06/09): TU: 679 EQ: 608 EX: ???
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Established Contributor
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Re: Capital One - Legal Department, Not Collections?

Good point, I guess I really don't expect CapOne to accept a PFD either, but I definitely don't expect them to accept payment in return for updating it to "paid as agreed".  Is that even possible after it has been CO'd?  I have heard before that a PFD should never be tried until after the SOL is up, but why is that?  Could it hurt to try if you are planning to PIF anyway?  I don't have any PFD experience since many of accounts are getting close the SOL and I am trying to tip-toe around the sleeping giant as much as possible till then.:smileywink:
Member
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Registered: ‎07-25-2008
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Re: Capital One - Legal Department, Not Collections?

Charge-off date is this year, Apr 2008.  SOL in Virginia is 3 years, so i am still vunerable to litigation.  Man, i should not have opened this can, on my CR its been reporting ND ND ND for the last couple months.  But with me, I can't let unsettled debts go.  Guess its my integrity of the matter thats going to hurt me in the long run. :smileysad:  Some say i should have just let it go and not worried about it.
 
 
I could try a PFD letter or PIF arrangement, but based on the history with people and capone they seem to not accept these and just out right don't care what happend or why it happend. 
 
NOTE** I've also heard of people having "rehabilitation" plans by Cap One?
 
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