capitol one credit card

[Anonymous]

my wife had a capitol one credit some years ago (~1996). we then find on her credit report that they listed her as owing over $1000 ($1151 to be exact). I sent a validation letter, but they only came back with the balance. Here's the kicker: she said her limit was only $200 (it was before we got married). It's coming from Cap One themselves (the letter). Should I fire off another validation letter demanding that they come up with statements? How should it be worded? Kathi talked to them a while back and the guy said that there was a $500 balance with the rest of it being finance charges!

thanks

(btw, sorry for the should-have-known-it question I asked earlier. Usually I'm brighter than that;))

[LadynRed]

Unless you're living in RI, the SOL on this debt is probably up if it hasn't been paid since 1996. That means the debt is legally uncollectable and if you were to get sued over it you could use the expired SOL as your defense and have it dismissed.

So.. what was the date of last activity on this account ? If it was 1996, it should be due to drop off her CR next year.

[Anonymous]

I haven't got the bureau in front of me, but all they sent for validation was the original pre-app acceptance certificate (stupid, huh). what do i send for a second validation letter since they (imo) did not fully validate?

[LadynRed]

If that's all they sent, then no, they didn't fully validate. Send them the 2nd letter (failure to validate) and attach a copy of the FTC Wollman Opinion letter, and a copy of the Spears v. Brennan case. Between the 2 of 'em, they clearly outline what is and is NOT proper validation.

Go to the "debt validation" link above and go to the next step.