Something New From Crap1?

[retmar]

Have a new one to share with everyone. If any of you have also had this happen to you, please share.

A friend of mine who had a Crap1 go bad about 4 yrs ago, just received a statement from them the other day as to the balance owing. It is as all normal statements are formatted. The differences are that it shows the total balance due, and amount of payment due, same as balance, with interest charges for the past three months, only. It also shows to contact them at capitalone.com/solutions (Can we say Internal Collections?) to manage the account. On the back it has the normal dispute process, etc. Here is another good one. Also on the back at bottom of page, there is a specific notice that if this is under BK protection, then this letter is for informational purposes only. Excuse me, but the letter is clear in it's content that is is a bill. True, this may also be included on regular monthly statements as there is a specific format with this in the bottom left, while the right side is about one's billing rights.

Mind you, this is the first contact of any sort for near the 4 year period (he's checking his DOFD as this is out or is near SOL). They received the "Do not call" letter than, so, so far, no calls. He's waiting and watching to hopefully catch them. A CA did contact then with the normal initial letter, but, when told he would not deal with them, nothing more was ever said or done, until this letter.

Has any of you had this happen yet? What has anyone heard of any new "games" Crap1 is playing? Please share what you know.

[WhoCares1000]

The BK thing may get them into trouble because a notice like that seems like those phone messages that say that if you are not so and so, please hang up.

Besides that, I would look into the Rosenthal act for California as that gives better protections than the FDCPA, especially when it comes to dealing with OCs.

[retmar]

Good point, hadn't thought of that. I'll dig and see what I can find on this. If you get more info, please share.

As to the Rosenthal, it is the only one I use. Especially due to the OC's being liable if they attempt to collect their own. The other reason is that I enjoy tossing in that when they violate state, they automatically violate federal. It does get their attention. Those I've helped locally have had no real problems except one. His is a may be personal, may be business. His attorney is now resolving that question before taking the next step. Yes, he was served.

[Guest usctrojanalum]

the BK thing is funny

[WhoCares1000]

Yes BK is funny and this may not be a violation. However, it seem as though there is a risk if the right claim was filed. Almost reminds me of the put it on a credit report and wait issue that occurred a few years ago.

[bunny2]

I just got one of those too, very confused. I thought this had been dealt with by the courts almost 2yrs ago

[WhoCares1000]

The credit reporting issue was dealt with a few years ago. These "informational notices" probably have not been dealt with in the courts as of yet.

[QM07]

The credit reporting issue was dealt with a few years ago. These "informational notices" probably have not been dealt with in the courts as of yet.

Hi everyone:

Very interesting that this thread was posted, as I actually just created my own moments ago after having received a new billing statement from CapOne for an account that has been delinquent for over 2 years, and written off February 2009.

It's a fresh billing statement, exactly as retmar has described, with finance charges for the past three months. What doesn't account for, however, is the 48% increase in balance due comparative to the high balance indicated on my three credit reports. (I was delinquent on $500, and they are now attempting to collect $744.)

I find this very interesting, since no other company has ever sent me a billing statement years later. I would be interested in any insight regarding whether I should issue a written dispute to CapOne or leave it alone, since I'm approaching SOL in my state.

To WhoCares1000:

What became of the issue in CAs never contacting a debtor, but simply creating a collection trade line and "waiting".... I've recently had a CA I've never heard from simply pop up on my credit report months back, but have never actually tried to contact me in writing or call me.

I was unsure how to tackle that one, since they seem to be attempting to avoid the "initial written communication" so that they don't have to validate the debt.

Sincerely,

QM07

[retmar]

QMO7, just sit on the Crap1 until statute runs. Do nothing, say nothing. Once statute has run and you are absolute it has, then, begin nailing them on possible violations. If you find any, you would use to offset the amount owed and obtain a deletion. Yes, I'm referring to the moral issue of one paying their debts. BUT, remember, we are dealing with Crap1 who does not deserve to get paid, period, moral or otherwise. The primary violation you will want to look for is the reporting part. Understand that most times they are proper in this as if you look over each of your monthly statements at beginning of delinquency, they should say that "we may", "we will", or "we have" reported negative info to the CRA's. This is about all you can look for unless your state holds the OC liable. Here you would have to pore over your state statutes.

As to the matter of a negative reported though the reporting party has never made contact, you may have a violation already. Read FCRA 623 as it says you must be notified in writing that they may, will, or have reported. This must be done within 30 days before or after negative info reported. Understand that if the claim made is for a debt while you resided at another address, there is no violation, as they are only required to send to last known address. Yes, if you did file a COA with the post office and still have the notice sent to you that the COA is in effect, you could claim a violation, but, the dates would have to fall into that period. OR, if you ever told anyone to C&D or not contact you at any time, they are within their rights to not notify you. Also understand that as long as they can prove they have a system in effect to prevent this, they can usually get around it. Again, if the SOL has run on the debt, you could use the moral issue to offer to pay if they will delete TL. By this, you would send them a letter that you found their TL on your CR, the SOL has run, so, since they have no legal recourse, you will agree to pay $.25 on the dollar and a complete deletion of the debt.

To add, it does not matter if you have not been notified by the CA, you can still dispute the claim. You would simply send them a letter that you found their TL on your CR, but, do not recall ever having an agreement/contract with them or their client, whichever applies. Therefore, they must validate their claim, or, delete and go eat Maggot Droppings.

[WhoCares1000]

In the case I was talking about, it involved a Chapter 7 BK where the creditor simply did not report that the account was iib with a 0 balance. I do not remember the title off-hand but it was reported in Business week.

What happened was that a person had declared BK which included an account with GreedyBank for $9100. Rather than report correctly, GreedyBank simply reported the account as open with a $9100 balance. Years later, person tried to get a mortgage and was told they had to clear up the account. Person contacted GreedyBank who refused to make the change. Person therefore was forced to pay a debt that was discharged in BK to get the mortgage.

In this case, the person paid the amount and then took GreedyBank to BK court for sanctions. Judge awarded $14,000, return of the debt, fines, and legal fees to the person from GreedyBank. The judge however was interested in the fact that 1)GreedyBank was able to report the way they did and 2) The fact that many BK debts are sold in the open market considering they should be worthless.

As for your issue, I would talk to others as I have not had any issues in the area of reporting with no contact.

[QM07]

Hi retmar and WhoCares:

I appreciate your time in responding to my inquiry, as well as in providing additional insight relative to appropriately handling the situation toward a potentially beneficial outcome.

I've gotten a bit rusty in terms of proper procedure in disputing with the CA, CRA, etc. given that I've been doing a lot of "waiting" for the past 12 months as I approach SOL next year on some of my past "troubles".

Sincerely,

QM07

[mandydm318]

I have received the same type of statement but my account is over 6 years old and is out of SOL already....what should I do?

[Guest usctrojanalum]

NOTHING! do not pay it! I would save it for my records but just ignore them for now. Obviously if they tried to sue you, bring forth your affirmative defense.

[ruttie]

ANY ADVISE WILL BE APPRECIATED!!!!

Edited November 19, 2010 by ruttie

[WhoCares1000]

Sounds like for your state, they have given you enough evidence that would prove their case based on the Account Stated Legal theory for civil contracts. They do not need to provide a contract if they intend to use "Account Stated".

[Gibson]

You have to wonder whether they started sending these out in order to bait people into contacting them - I guess it can't hurt for them to try. Problem is, once you make contact, does that restart the clock, restart any legal proceedings they can start against you, reage the debt, whatever....

[Gibson]

Sounds like for your state, they have given you enough evidence that would prove their case based on the Account Stated Legal theory for civil contracts. They do not need to provide a contract if they intend to use "Account Stated".

So how does one handle this when they come a knockin'?

[WhoCares1000]

In this case, they obviously have the documentation to prove that you owe the debt and you are going to lose in court. So the only thing you can do at this point is either offer a settlement and hope they accept or take the judgment and the issues that go with it. To be honest, this was the way things were done before we hit the 21st century of easy credit and reckless abandon by both the creditors and debtors.

[Gibson]

In this case, they obviously have the documentation to prove that you owe the debt and you are going to lose in court. So the only thing you can do at this point is either offer a settlement and hope they accept or take the judgment and the issues that go with it. To be honest, this was the way things were done before we hit the 21st century of easy credit and reckless abandon by both the creditors and debtors.

Even if its past the SOL?

[kitefish]

Mine came in the mail today

I am at or near SOL on this one.

My opinion?

They are attempting a "least sophisticated" consumer gambit to get you to contact them to restart SOL.

I have to admit, it made my skin crawl.

They are also sending offers to my 20 year old son for a credit card.

It's not enough that they shank you with interest charges and fees for seven years and tank your credit.

Crapital One is evil.

[Anne Tyler]

Mine came in the mail today

I am at or near SOL on this one.

My opinion?

They are attempting a "least sophisticated" consumer gambit to get you to contact them to restart SOL.

I have to admit, it made my skin crawl.

They are also sending offers to my 20 year old son for a credit card.

It's not enough that they shank you with interest charges and fees for seven years and tank your credit.

Crapital One is evil.

Who sued you? Was it Capital One directly or was it turned over to a third party collector? I have been sued for a Capital One Credit card of $700 with interest etc. It was done by Midland Funding, which, if I may say so, is a bottom dwelling, scum sucking firm if there is one. I'm wondering if they are the ones who sued you???

[QM07]

Mine came in the mail today

I am at or near SOL on this one.

My opinion?

They are attempting a "least sophisticated" consumer gambit to get you to contact them to restart SOL.

I have to admit, it made my skin crawl.

They are also sending offers to my 20 year old son for a credit card.

It's not enough that they shank you with interest charges and fees for seven years and tank your credit.

Crapital One is evil.

Contacting them in dispute restarts the SOL??

[kitefish]

I have been sued by 2 JDB's , beat them both with the help of my lawyer.

Capitol one has retained counsel, but have not filed suit.

Looming !

[BigHair]

I got my love letter from Crap 1 in the mail today. I was really thrown for a loop because I was sued by those jerks and I won over 3 and a half years ago. Yay me! Anyway, the amount stated in the "new balance" box is well over a thousand higher than what they sued me for. This is also the first I've heard from them since the lawsuit.

So - what to do, what to do? Ignore it? Write them a FOAD letter?

[xplhavoc]

Yeah i just got a letter as well. I think that my SOL is over in November. Someone is thinking on there side. I am not doing anything until i double check it, all, to make sure in November i can right it off! I think i have not herd from them in like, almost 7 years now.