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Crap One Collection letter only 90 days past due


GeorgiaAutoGuy
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Hello everyone,

I received a letter from NCO Financial Systems on behalf of Capital One yesterday for a CC account that I have had for years that is currently about 90 days past due. The balance is $7500.

I have 30 days to send the validation letter. But, it seems like that has become a joke - although I realize that I have to send it in order to not receive a default judgement.

I wish I had the funds to stay current. But, unfortunately this has become impossible.

About a year ago, I had a business Crap One CC account that was old, they sued, i elected arbitration (had to get an Atty since it was business card) and they ended up giving me a "mutual release". I realize that I will receive a 1099 on that for this year.

I guess I am just looking for advice. I am no longer a fan of Crap One...

I am thinking of sending a DV letter and including in that letter my election of arbitration. Any advice?

Thanks!

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I thought that was very quick as well. I can only guess that they pulled my credit report and saw that I am late on other cards as well and jumped on it...

I sent off the DV letter with a clause saying that if there is arbitration etc that i invoke it today. Sent it CRRR...I wanted to get it out there before they served me...not sure if that was the way to go or not. But, that's what i did.

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I wondered about that too with them seeing other cards being late and then they start their routine. I have one with American Express that is due by the 8th of each month and alll my other cards are due around the 21st (ish). It was crossing my mind that if anything comes in the mail that Amex is going to be the first probably and especially so if they see that all other cards are late in being paid. They know what time it is, lol.

What does 'invoke it today mean?' I know the general meaning of the word but I'm sort of missing it here. I'm still learning about all this and your thread caught my attention because I've been weary of what might occur from the credit card companies after 90 days before I'm ready.

You wrote your own letter to them? What did you say if you don't mind sharing. I'm scared I'm going to be in the same boat if I've not filed before they do this.

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I wanted to let them know that I invoked the arbitration clause if there was one so that they cannot sue me.

Of course, they will likely try to sue me anyway...and that would be another FDCRA violation.

They will also try to argue that there is no more arbitration in the 2010 card member agreement and since I defaulted in 2010, that will apply. But, when you read the language of the old agreement, it says that the arbitration clause cannot be changed. So, i will argue for that...

I used a DV letter from trueq (modified a bit - I don't live in his state).

Here's the link:

http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=1035950&postcount=6

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