Capital One question regarding charge off. . .

[Anonymous]

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smooshiesmom wrote:

I mailed my PFD letter last week.  The week of June 4. 

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I would give 'em at least 4 weeks to respond, and preferably 6. Then send another PFD letter restating your offer. Do NOT offer more, yet. They might be waiting for you to blink, and a second PFD letter might engage them and get them to respond. If your second letter offers more, then they might think, "Aha, they wanna settle up with us! Got 'em."

Be pro-active with Cap 1, but don't look desperate. "Help! Help! I really need to resolve this. I'm buying a car, house, llama ranch, etc." Business-like, detached, but not flippant or snarky.

Cap 1 has a nasty habit of suing within 6 months of SOL, so don't just presume they will go away if they don't respond to your PFD letters.

Are you running close to the SOL? What state are you in? I'll check the SOL for ya.

[Anonymous]

I am in WV.

[Anonymous]

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smooshiesmom wrote:

I am in WV.

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Still researching the SOL, but it appears to be 5 years for CCs.

http://www.legis.state.wv.us/WVCODE/55/WVC%2055%20%20-%20%202%20%20-%20%20%206%20%20.htm

I also found this.

http://www.wvago.gov/press.cfm?ID=71&fx=more

West Virginia law prohibits collecting or attempting to collect interest or other charges, fees or expenses incidental to the principal obligation of a debt. This law applies both to professional debt collectors and to creditors collecting their own accounts.

I believe you said Cap 1 is still adding on fees and penalties. Under WV state law, that appears to be illegal.

http://www.wvago.gov/consumers.cfm?fx=savy&savy=2

If you have any questions or difficulty resolving issues with your credit report, remember that you can always speak with a mediator in the Attorney General Darrell McGraw's Consumer Protection Division by calling 1-800-368-8808.

You appear to have a very consumer friendly AG. Probe around the AG's website. Looks to be some useful info there.