tvsk Posted February 6, 2009 Report Share Posted February 6, 2009 Do I have any recourse now under these circumstances? hubby and I are in a credit couns pgrm. They have been diligent and we have paid off one debt already. Long story short-somehow my specific debt fell off somewhere in there efforts to get a settlement. For the past year I've been thinking they have been negotiating w/ Cap One. I received a summons from Cap One in Sept. I called credit counslers and was advised to send a "good faith" letter and thats it. Somewhere along the lines of communication I was under the impression that the rest was going to get handled by them and it would get taken care of. Therefore I didnt show for the court date. Never heard anything more until a week ago when I got a letter from attorney stating "since you have failed to pay on judgment against you, we now have authority to get sheriff involded unless u make paymnt w/in X numb of days". That sent me into panic so I made a payment and of course now they froze that accnt. I called them and they wont lift it until Feb 26 and then they will be willing to talk settlement.The debt is mine and never intended on not paying(hence credit prgm) but I was advised wrongly. Is there anything I can do now? basically credit counsler company has left me on my own. Also, on the summons the plantiff is listed as Cap One not law firm(which I learned is illegal if I read this website right). Being that it was back in Sept for summons is there anything now to do or just wait until they lift freeze? This is in MO but have sinced moved to IN . Thanks for any info Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted February 6, 2009 Report Share Posted February 6, 2009 Do I have any recourse now under these circumstances? hubby and I are in a credit couns pgrm. They have been diligent and we have paid off one debt already. Long story short-somehow my specific debt fell off somewhere in there efforts to get a settlement. For the past year I've been thinking they have been negotiating w/ Cap One. I received a summons from Cap One in Sept. I called credit counslers and was advised to send a "good faith" letter and thats it. Somewhere along the lines of communication I was under the impression that the rest was going to get handled by them and it would get taken care of. Therefore I didnt show for the court date. Never heard anything more until a week ago when I got a letter from attorney stating "since you have failed to pay on judgment against you, we now have authority to get sheriff involded unless u make paymnt w/in X numb of days". That sent me into panic so I made a payment and of course now they froze that accnt. I called them and they wont lift it until Feb 26 and then they will be willing to talk settlement.The debt is mine and never intended on not paying(hence credit prgm) but I was advised wrongly. Is there anything I can do now? basically credit counsler company has left me on my own. Also, on the summons the plantiff is listed as Cap One not law firm(which I learned is illegal if I read this website right). Being that it was back in Sept for summons is there anything now to do or just wait until they lift freeze? This is in MO but have sinced moved to IN . Thanks for any infoWith very rare exceptions (Consummer Credit Counseling Service being one of the few); there are two kinds of "debt counseling/settlement" companies...1. Those that are being indited, and,2. Those that are about to be.I'd complain strongly to your state's AG and BBB and, other than that, try to make the best deal you can with Capital One to get this paid.If you have some real evidence that this "counseling" company screwed-up then you could sue them and you might recover something sometime assuming you win and assuming they have any money but I wouldn't get my hopes up.WIsh I had better news...I wish you well. Link to comment Share on other sites More sharing options...
nascar Posted February 6, 2009 Report Share Posted February 6, 2009 Also, on the summons the plantiff is listed as Cap One not law firm(which I learned is illegal if I read this website right). I hope the website doesn't say that. If you owe the money to CapOne, CapOne, not their attorney, is the plaintiff. Link to comment Share on other sites More sharing options...
tvsk Posted February 6, 2009 Author Report Share Posted February 6, 2009 I have spoken w/ Kramer and Frank(law office w/ my Cap 1 Acct) a couple times. They told me they will not let freeze go until end of the month and she told me they want $450 or round about a month. I stated that wouldnt be possible, she told me to call back at end of month to talk settlement once freeze was lifted. Second lady I spoke to was willing to set up payment plan right then and there but assured me freeze wouldnt be lifted till end of month but I told her let me see what I could afford and call back(didnt want to agree over phone). Question is should i start now making offers of what I can pay or wait until freeze is lifted? They want me to call them a couple days before freeze is lifted. Do I go back and forth on fax machine w/ offers until they agree on one? I dont want to keep going back and forth thru snail mail and they decide to do something else against me. I've also looked at MO usery rate and I think its 9%, but firm is charging me what card did (which is an outrageous rate b/c I was late on a payment when card was still good) Can they do that? Link to comment Share on other sites More sharing options...
retmar Posted February 6, 2009 Report Share Posted February 6, 2009 Not sure if this would work as I do not know the whole of service, etc, on this claim. But, if your current state does not allow default foreign judgements to be enforced, you could try and stop it this way. California is one who has this on the books. What this means is that if your state does not allow this, they would have to refile and bring to a court of proper jurisdiction in your county.As to the counselor, I'm like the others, get them where it hurts. File with the AG, BBB, the FTC, and any other you can think of, including your own state and federal representatives. This is one of the biggest complaints all of us oldtimers have learned about them. They promise you the moon and give you nothing in return. All you actually gained was a great waste of time and hard earned money.If possible, do not allow any more of your money to be deposited into this account. If your paycheck is electronically deposited, stop it now. You can even close it as some have done. Then, until this is resolved, you pay all by MO or even cash as long as you assure you get a proper receipt of payment.Another thought, correct me Robert, nascar, is how did this attorney get involved? Were you ever notified by the court or Crap1, as to this attorney having the authority to collect on Crap1 behalf. I've always been under the impression you must be properly notified if another is assigned to collect the judgement. At least look into this.Understand I am not trying to help you avoid this claim, only to be able to obtain a reasoanble payment plan to satisfy the claim. Link to comment Share on other sites More sharing options...
Robert Nashville/Savannah Posted February 6, 2009 Report Share Posted February 6, 2009 I have spoken w/ Kramer and Frank(law office w/ my Cap 1 Acct) a couple times. They told me they will not let freeze go until end of the month and she told me they want $450 or round about a month. I stated that wouldnt be possible, she told me to call back at end of month to talk settlement once freeze was lifted. Second lady I spoke to was willing to set up payment plan right then and there but assured me freeze wouldnt be lifted till end of month but I told her let me see what I could afford and call back(didnt want to agree over phone). Question is should i start now making offers of what I can pay or wait until freeze is lifted? They want me to call them a couple days before freeze is lifted. Do I go back and forth on fax machine w/ offers until they agree on one? I dont want to keep going back and forth thru snail mail and they decide to do something else against me. I've also looked at MO usery rate and I think its 9%, but firm is charging me what card did (which is an outrageous rate b/c I was late on a payment when card was still good) Can they do that?Most states have specific rules regarding what a judgment holder can charge for a judgment - I highly doubt they can just continue to charge what the CC charged; that contract no longer exists.Have you considered retaining your own attorney to help you with this? I would either consider doing so or you need to take a crash course in your state's laws regarding judgments so that you can properly represent yourself. Link to comment Share on other sites More sharing options...
tvsk Posted February 6, 2009 Author Report Share Posted February 6, 2009 This acct has been bounced around a few times once Cap 1 assigned it to someone else. It's this last atty that issued the summons and it the counseling company who had me under the pretence that I did not have to appear(believe me otherwise I would have). I have all the communications from Cap 1 and everyone else, had I known counseling apparently wasnt talking to them, then I would've myself, but I'm here now not knowing what to do!From reading this website the last couple days, Im just trying to make sure they are not getting over on me. ALSO, after the case went to default should I have received a notice of that? Right now this is all a complete shock since I hadnt heard anything since the summons until now when they scared me w/ the sheriff letter. Link to comment Share on other sites More sharing options...
retmar Posted February 6, 2009 Report Share Posted February 6, 2009 Your best bet is to read your state's laws to find what was or was not done in the proper fashion. This includes your finding how long you have to file a motion to vacate. If you can still file one, do so, and cite your reason as to your being misled by the counselor.As to the counselor, read your contract with them to see if you have recourse. Either way, even if they had protection somewhere, I would still go after them for all I could. Link to comment Share on other sites More sharing options...
looksbothways Posted February 6, 2009 Report Share Posted February 6, 2009 From:http://www.moga.mo.gov/statutes/c400-499/4080000040.htm408.040. 1. In all nontort actions, interest shall be allowed on all money due upon any judgment or order of any court from the date judgment is entered by the trial court until satisfaction be made by payment, accord or sale of property; all such judgments and orders for money upon contracts bearing more than nine percent interest shall bear the same interest borne by such contracts, and all other judgments and orders for money shall bear nine percent per annum until satisfaction made as aforesaid. If I read that right, they can go on charging the interest rate as it was on the contract, ie the jacked up default rate? Hopefully someone with more legal knowledge will correct me if I'm wrong. Link to comment Share on other sites More sharing options...
retmar Posted February 7, 2009 Report Share Posted February 7, 2009 You're right. Interest or fees can be no higher than allowed by the original agreement/contract or by statute. Link to comment Share on other sites More sharing options...
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