Got first letter from CA collecting for Capital One.

[secondchances]

I show on my credit reports that I have two different accounts with Craptial One. Below is a little History.

CRAPITAL ONE

EQ Report # Date Balance DOLA Status

3274011788 10/01/03 $975.00 Sept. 01 CHARGE OFF

5652575699 06/01/05 $1,318.00 n/a " "

5206009469 08/27/05 $1,364.00 Sept. 01 " "

6522111752 01/22/06 $1,425.00 Sept. 01 " "

6815336982 11/11/06 $1,577.00 Sept. 01 " "

CRAPITAL ONE

EQ Report # Date Balance DOLA Status

3274011788 10/01/03 $655.00 Sept. 01 CHARGE OFF

5652575699 06/01/05 $934.00 n/a " "

5206009469 08/27/05 $966.00 Sept. 01 " "

6522111752 01/22/06 $1,010.00 Sept. 01 " "

6815336982 11/11/06 $1,117.00 Sept. 01 " "

I have only one statement for one of the accounts and I am missing statements on the other. I also show my last payments to Capital One was on 3/8/02 (I have all bank records dating back to 1998.) Don't know which account I paid. I am in GA so the SOL has expired. On my EQ reports, the charge off amounts are different than reported on different reports for the same account.

Here is the CA letter I got. It only mentions one acct.

Creditor: Capital One Acct#:

October 25, 2006

ilillilililiilllliillilfliliiSllillSiililiiji

Blah Hiiiiiiillliilmlliiiilliiilliiiilliliililiililiililiiiillil

Creditor: Capital One

Original Creditor: Capital One Bank

*** Detach Upper Portion and Return with Payment ***

AcctNo,

Total $1500

The above referenced account has been placed with this office for collection, of the payment in full is

hereby requested.

If payment in full is a hardship for you, options are available for your repayment of this debt. Please feel free to call this office to discuss the alternatives available toBlah, & Associates.

Unless you notify this office within 30 days after receiving this notice that you the validity of this debt or

a portion thereof, this office will assume this debt Is valid. If you notify this office In writing within 30 days from

receiving this notice that you dispute the validity of this debt or any thereof, office will

verification of the debt or obtain a copy of a judgment or verification. If you make a request to office in

writing within 30 days after receiving this notice this office will provide you with the name and address of the

original creditor, if different from the current creditor.

This communication is from a debt collector. This is an attempt to collect a debt, All information obtained will be used for that purpose.

If paid in foil all collection activity will cease. Plsase call Mondav through Thursday Sani to 9pm EST, Friday §am to 5pm ESi; or Saturday Sam to 12pm EST.

Sincerely,

Cocsuiner Services Department

IF YOJ'\VISJ.'TO PAY BV VISA OR MASTKIK'ARW, <CH«Cl,K ONE) FJLL.N THE INFORMATIONS

BELOW AND RETURN THE F.NTtKK I ,ETTKR TO TS IN T1IH ENCLOSED ENVELOPE.

Account Number

Payment Amount

Expire Date

Card Holder Name

Signature of Card Holder

What is the best way to handle this? Should I DV and try to settle?

[IHateCAs]

SOLC has expired unless a GA judge thinks it's a written contract with a 6 year SOLC.

[secondchances]

SOLC has expired unless a GA judge thinks it's a written contract with a 6 year SOLC.

Anyone know of any cases where a GA judge ruled that CC was a written contract?

[CarolinaBlueEyes]

IF its out of SOL why try to settle, it will only damage your credit more.. if its about to fall off you start the entire cycle all over again... that makes no sense.. but I would DV them to start with

[secondchances]

The only reason I would try to settle is because I am trying to refinance my mortgage. Fannie Mae only allows up to $5000 in unpaid collections. I am around $13,000.

I have got to refinance prime or not before May 2007 when my arm adjusts. it is also in my divorce settlement. The EX is letting his credit go to hell which is also an incentive. He is still on the loan and the deed. I need to get a refi before he gets sued and they put a lien on my house.

[IHateCAs]

Anyone know of any cases where a GA judge ruled that CC was a written contract?

Couldn't find one either way.

[CarolinaBlueEyes]

The only reason I would try to settle is because I am trying to refinance my mortgage. Fannie Mae only allows up to $5000 in unpaid collections. I am around $13,000.

I have got to refinance prime or not before May 2007 when my arm adjusts. it is also in my divorce settlement. The EX is letting his credit go to hell which is also an incentive. He is still on the loan and the deed. I need to get a refi before he gets sued and they put a lien on my house.

Ah I see your point.. however find out if its still a good plan since it may cause your credit score to drop if the start reporting it as new.. I would talk to the Fannie Mae people on this..

[E. Normis Debtor]

Anyone know of any cases where a GA judge ruled that CC was a written contract?

From Davis v. Discover Bank 277 Ga. App. 864; 627 S.E.2d 819 (Feb. 2006)

Trial court did not err in granting summary judgment to plaintiff bank in an action for a credit card debt. Plaintiff did not need to produce a copy of defendant's application to establish the existence of a valid credit card debt; plaintiff submitted evidence that the credit card was issued to defendant along with a document that provided he was bound by the document's terms if he accepted and used the card; and, plaintiff properly submitted as business records a complete set of statements in defendant's name that were not returned to a company as undelivered.

Under Georgia case law, a contract is effected when an issuer issues its credit card to a customer to be accepted by the customer in accordance with the terms and conditions therein set forth, or at the customer's option to be rejected by him. Such rejection may take the form of returning the card, or simply its non-use. The issuance of the card to the customer amounts to a mere offer on the issuer's part, and the contract becomes entire when the customer retains the card and thereafter makes use of it. The card itself then constitutes a formal and binding contract.

Unless the terms and conditions were in smoke signals, I would think you have a written contract.

[IHateCAs]

From Davis v. Discover Bank 277 Ga. App. 864; 627 S.E.2d 819 (Feb. 2006)

Trial court did not err in granting summary judgment to plaintiff bank in an action for a credit card debt. Plaintiff did not need to produce a copy of defendant's application to establish the existence of a valid credit card debt; plaintiff submitted evidence that the credit card was issued to defendant along with a document that provided he was bound by the document's terms if he accepted and used the card; and, plaintiff properly submitted as business records a complete set of statements in defendant's name that were not returned to a company as undelivered.

Under Georgia case law, a contract is effected when an issuer issues its credit card to a customer to be accepted by the customer in accordance with the terms and conditions therein set forth, or at the customer's option to be rejected by him. Such rejection may take the form of returning the card, or simply its non-use. The issuance of the card to the customer amounts to a mere offer on the issuer's part, and the contract becomes entire when the customer retains the card and thereafter makes use of it. The card itself then constitutes a formal and binding contract.

Unless the terms and conditions were in smoke signals, I would think you have a written contract.

Was SOL at issue here?

[secondchances]

I need GA case law that says that a CC is NOT a written contract.

[secondchances]

And how can Itell if CA is a CA or is collecting for OC?

[secondchances]

I need to DV right? But I need to DV perfectly based on the letter they sent me (see above.) Looks like I only have about 10 days left....

Can I ask that they prove how the last payment that I made to them was made and the amount?

Can I ask for additional information after they vaildate?

Can I ask for the address that alleged debtor resided when they agreed to pay the creditor?

[IHateCAs]

Okay, I checked out that case.

All that was really at issue is the debtor said they had to produce a signed application to prove the debt and the court said no.

SOL was not at issue here.

[secondchances]

That is good to know!