topic Re: Capital One question in Rebuilding Your Credit

Capital One question

Anonymous — Sat, 12 Jul 2008 21:49:34 GMT

My divorce, 8 years ago, left my ex-husband with a $300 debt to Capital One. Well, shortly after, he ended up in jail, unbeknownst to me - he never paid one red cent. I pulled my credit report and now the amount owed is $2,092.00!! I plan to contact them to pay something, but $2,092.00! How on earth did they get to thatand do I have to pay the whole thing? Geez! Help please!

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 21:54:53 GMT

basket wrote:
My divorce, 8 years ago, left my ex-husband with a $300 debt to Capital One. Well, shortly after, he ended up in jail, unbeknownst to me - he never paid one red cent. I pulled my credit report and now the amount owed is $2,092.00!! I plan to contact them to pay something, but $2,092.00! How on earth did they get to thatand do I have to pay the whole thing? Geez! Help please!

Wait, whoa! 8 years?? When did it first go delinquent?? And what is SOL for your state?

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 21:55:48 GMT

And is it a joint account or in his name or just yours?

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 21:59:39 GMT

It must have gone deliquent soon after. The state is Florida, & has a 4 years SOL, I believe. I moved several times, so I don't know if they ever tried to contact me, my name was on the card too.

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:02:31 GMT

Florida is a state that tolls. This could be a bad thing. Get your hard copies of your reports and check for the DOFD.

Then figure out the time frame you moved in/moved back.

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:06:08 GMT

I am the worst when it comes to these things. I'm not familiar with DOFD & what do you mean by movein/moveback?

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:08:17 GMT

Florida will toll a debt. If you move, the clock stops. If you move back, then it will start back from that time. So, if SOL is normally 4 yrs and you move before that time, they can legally still sue you should you move back.

DOFD is the actual date the account went bad and stayed that way.

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:12:54 GMT

I understand now. Well, I've been here for just a little over 4 years. I still should pay, the debt is valid from 8 years ago, but only to $300. I will have to try to work something out. What do you think?

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:16:39 GMT

basket wrote:
I understand now. Well, I've been here for just a little over 4 years. I still should pay, the debt is valid from 8 years ago, but only to $300. I will have to try to work something out. What do you think?

If you have been in FL for 4 yrs and it is now past SOL, IF they try to sue you, you can use that as an affirmative defense. I like to pay my bills too, BUT, this is a bit inflated for my taste. If a JDB bought this, they paid pennies on the dollar.

IF certain you are past SOL, send them a DV letter to make sure they are the correct person to be paying, and licensed if required in your state, and so on. There is a sample DV if you would like me to post it.

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:18:30 GMT

And Stay off the phone with the CA!!!

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:20:35 GMT

Yes, would you please post the DV letter? Thank you so much for your help, I feel better now.

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:22:00 GMT

Absolutely!

Re: Capital One question

Anonymous — Sat, 12 Jul 2008 22:25:01 GMT

Your Name
Your Address
YourTown,, State ZipCode

Debt Collection Company Name
Their address
Town, State ZipCode

Date:

Re: Debt Collection Company Name; Acct # Debt Collection Company #; Original Creditor Name; OC Acct #

To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on DATE. Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Debt Collection Company Name for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Debt Collection Company Name for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default
• Copies of all statements from the date account opened until default
• Proof of the statute of limitations
• Proof of agreement that you were hired by the Original creditor (creditor as defined by the FDCPA) or
• A copy of the contract Debt Collection Company Name purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Debt Collection Company Name and myself, signed by me, stating that I have a contractual responsibility to Debt Collection Company Name for the alleged debt
• Provide proof that Debt Collection Company Name is bonded/Licensed for debt collecting in the State of Your State
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims Debt Collection Company Name is asserting regarding this alleged debt. If Debt Collection Company Name can NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the Debt Collection Company Name. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.

Best Regards,

Your Name TYPED (Do Not Sign)

Make changes where needed.

Make sure to send this certified mail return receipt requested. They have 30 days to respond. Post back if they don't answer and we can go from there. DO NOT SIGN IT!!

You may want to ask the Mod's to move to the rebuilding forum.

Re: Capital One question

Anonymous — Sun, 13 Jul 2008 05:04:23 GMT

If this debt is from 8 years ago, it should not be on your reports.

Who is reporting? Cap 1 or a CA?

When does your report say it should be removed?

When was last payment made?

Re: Capital One question

gdtobefree — Mon, 14 Jul 2008 02:07:41 GMT

OK stop, the debt is over 8 YEARS AGO, it should NOT be reporting on your credit.

Second, WHO filled out the app, YOU or DH?

Third, were you a co applicant or a AU?

Forth, did you EVER sign a credit card reciept?

Ftfth, is it with a collection agency or is Capital One sending you the letters and reporting on your credit?

Message Edited by gdtobefree on 07-13-2008 07:07 PM