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Capital One letter from local attorney


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Ok guys.. we just got a letter from an attorney collection on the hubbys CO Capital One card. Charge off date is sometimes last year.. I think Oct Nov-ish.

We DV'd the first 2 collection agencies that had the account and we never heard from them again.

The letter from the lawyer DOES have the Mini Miranda in it.

Here is my thinking.

We send them a letter disputing and ask them for the whole kit and kaboodle.

Signed card agreement

Total and complete payment history.

The thing is.. this card was opened in 2001 when the hubby lived in New York, he then moved to Kansas.

Since we now live in Indiana.. we have the wonderful Spears V Brennan to cover our butts.

The total debt is about 950. The hubby is going to file BK 7 but I would like to hold these guys off for awhile.. or .. if I get lucky.. get them to file a court case before they have fully validated so we can countersue them and call it a day.

What do you guys think of this plan???

Suggestions/Comments??

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Just to give you more to think about......

I have never seen a letter from an atty that doesn't have at least one violation in it. Does the atty threaten, in any way, to sue you or that the debt has been, or will be, reported to the CRA's? Any threat made by an atty is a big no no.

Also, look at the bottom corners of the letter. Do you see any coding like a combination of letters and numbers? TexasLawyer once gave a heads up like this and sure enough, the atty/collector that contacted me was in with a CA who he did not identify. They are both (atty and CA) now being sued by me.

Is the atty licensed or bonded as a collector in your state? Check him out with the BBB and ACA.

As if you needed more on your plate. Good Luck kiddo.

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Well everything looked on the up and up until I saw the File Number.

It says OSI 01374

Here is how the letter reads:

Dear Mr Debtor,

I am a legal assistant employed by the law firm named on the letterhead, which firm has been employed by Capital One Bank to collect the above account from you. This is a demand for payment As of this demand the balance due is $941.57, consistsing of principal and interest to date. Funds payable to Capital One Bank AND bearing our file number above should be sent to our office

Pursuant to Federal law, you are notified as follows:

Mini miranda here

Now why would it be so important for us to make our check out and it HAS to include this number on it??? I don't get why the OSI is there?? I mean if it's capital one suing.. why even bother?

Now I dont know about you guys but isn't OSI one of Shermans subsidiaries????

And Capital One has 2 accounts of his.. why wouldn't they combine them both together? I mean if I was going to sue for one I'd sue for the other.. ya know? Pay one fee for both accounts.

Just a gander here folks. Ideas?

I'm sending the DV on Monday CMRR..what do you think?

Any other ideas/comments?

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Sky - if the attorney is local, I wish you the best but I have a Cap One account that is in similar shape as yours. Cap One had it w/internal collectors, they wouldn't accept settlement, then NCO had it, couldn't validate; then to a local attny/collector last September. DV'd them - no response. Well, now comes the summons - small claims court in a couple of weeks. Wheeeee - what fun! Seriously, I hope things work out for both of us with these bandits.

Raven'

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A. File numbers are legitimate and match the collection file to the remittance and the creditor.

B. Lawsuits are usually processed individually and not combined for technical and legal reasons. However, suits are consolidated, meaning there may be other debtors in the court room for the same creditor and attorney.

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But isn't it kind of odd that the file # is OSI and then a number?

I don't understand that.. and I dont understand the entire you must include the file number on your check.

I am going to DV them because with us being in Indiana I can call on Spears V Brennan... since its an Indiana Court of Appeals case.

As I said before.. DH is going to do a BK 7 but we could use a little more time for that.

Thanks all!!

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Yeah it has every requirement that section 809 says they need to have in there.

But the thing that keeps throwing me is the OSI in front of the file number.

Why wouldn't it be COB.. or CAP1 or just a file number.

Why the OSI.. the lawyers names are Greene and Cooper

I guess we will see... DV letter gets sent out certified tomorrow.

I am hoping they file suit before the 30 days is up or before they have fully validated.. I know.. thats mean of me but I need time to get the DH BK 7 filed.

And heck if they do violate.. then the 1000 violation would well cover the 934 they say he owes.

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Thats the same thing I was thinking Doc.

But nowhere in the letter does it state that they are collecting. It says Capital One Bank.

I am praying.. yes I am.. that this IS OSI and this DV letter will hold them off.. or as I said before they screw up and do something stupid we can pop them for.

of course I could be wrong and this could be totally legit.

BUT as I said before.. this OSI at the beginning of the file number struck me as odd from the moment I noticed it.

we shall see.

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This is exactly what I was talking about!

Here's how it played out for me:

I started looking into the atty that sent me my letter, you know, did the reverse addy search, the reverse number search, looked him up on ACA to see what addy and phone # was listed and looked at the email provided. Sure enough the atty shared the same addy and EMAIL as the CA he was really working for. I'm positive that you'll uncover the same thing happening in your case.

In addition, my letter was mailed out from a different city and state than that which the atty was listing on the letterhead. Looking on the CA website, I discovered they just opened a brand new facility in this town and state.

I'm unsure of the exact violation, maybe one of the attys here or Lady or Methuss, will know off the bat, but this is definately not allowed.

Get them.

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Well the attorneys office is a local attorney, no collection agency involved but thats ok.

I think I am going to find out who they are collecting for.. OSI or Capital One.

Let you know when and if I find out anything.

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