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Unsure who to try and work deal with?


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I have posted in the past regarding a Cap 1 c/c account that's now up to $7700 due to fees and interest.

I started receiving phone calls from people, who never said who they were, just they want $ for Cap 1. I found Encore inquired on CR, so I put 1 + 1 together, and it's them.

The account is 15 days from charge off status, which we want to avoid. I tried to write Cap 1, no response. I try to call them and it goes to the rude jerks at Encore. I finally called from my cell phone, got a guy from Cap 1, and after 1 1/2 hours was told by Cap 1 I have to make payment arrangements with Encore, and that his supervisor is not interested in talking to me bacause I'm in collections. The say it's out of their hands and is Encores to collect on. They transfer me and all though they don't say it's Encore, I know it is due to the # he gives in case of hang up. I asked if they sold my account to them, and he said no, then I asked how can they (Encore) collect on the account, and then was told maybe it's not Encores then he finally said he's not trained to answer my questions!

I explained I mailed a DV certified to Encore and have not a response and will not pay them anything until I get it verified. Encore said they haven't received it yet, nor have I received that green card back yet. Encore keeps telling me it doesn't matter what I sent in, that will not keep it from charging off.

I also mentioned to Cap 1, that they (Cap 1) are sneaky by mailing me a statement on Cap 1 letterhead with Encores # on it, with no mention it's Encore. I called it, and they never said it was Encore, until I asked. He said that they are ligit if it's on their letterhead. I don't trust them. They guy from Cap 1 said I should mention bankrupcy, and tell them what I can afford and just mail it in. I've read before never make arrangements if it's not verified and in writing.

I don't understand if Cap 1 still has this account, why wouln't they talk w/me about the payments? I tried to explain to Cap 1 that I know I'm not getting a DV from Encore within the 15 days before the account charges off, and them receiving some $ is better than nothing. They just don't seem interested in getting something rather than nothing.

Sorry this is so long, but I'm not sure on what I should do. :? It's going to end up a charge off, and since Cap 1 will not speak with us regarding it, I'm not sure what else I can do. If I do ever get an actual DV from Encore, then it would be OK to set up something with them, right? We are just afraid they will try and either sue or freeze bank account.

I also just checked, and I can still access Cap ! website to view bill, make payments etc.... Doesn't that prove they still have my account and Encore does not?


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Understand that while this is a BIG imortant issue for you, it isn't for Capital One...you are one of thousands of accounts in the same situation...Capital One has made the business decision to put accounts like yours out for CA to collect because Capital One doesn't WANt to deal with them directly.

That said, unless you have the money and are willing to pay the bill, there is nothing you can do to keep the account from being charged off (although frankly, I'm not sure why the account being or not bein charged off is of such importance to you).

That aside, you've done the right thing by starting the DV process and I'd simply continue with that - when the time comes, negotiate a settlement/get it paid and done with.

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Well, I spoke with Cap 1 again today and they told me if I want to set up any type of payment arrangements to do it with Encore. He said they are handling the account, because it's late.

After speaking with a supervisor at Encore, and telling her the situation I have had with them and also what financial situation I am in, she has agreed to "reage" this account-I make a $233 payment, Jan , $233 in Feb, $233 in March. They then will take the over due balance of appx $1075 and disgard it, wipe it clean. She said they will report to Cap 1 and Cap 1 will report we are paying to the agencies. Once March is paid, she said the account will be current, and will be back in Cap 1 hands, and maybe they will be willing to work something out (I will not hold my breath.)

I then called Cap 1 asking if what Encore wants to do is doable, and they said whatever type of payment plan they agree too and terms when the account is past due is in their discresion.

Does this all sound like a bunch of bull, or maybe legit?

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CAs routinely lie to get what they want (your money) and they do so because they can almost always get away with it. If the "agreement" isn't in writing I certainly wouldn't count on it happening...they may be playing it straight with you and I hope they are but don't be too surprised if they aren't.

My main concern with your original post is that, in my opinion, you were acting out of feer (of the account being "written off") and, as a result, may have acted in hast and agreed to a course of action with no recourse if they dont' keep to their end of the bargin.

However, if this CA is playing it straignt with you then it doesn't sound like a bad deal.

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