hi-liter Posted March 20, 2012 Report Share Posted March 20, 2012 A little background:My husband has a Cap One account that was charged off 9 years ago. The debt is past SOL and CR reporting period. Cap One never sued for the balance.In September, out of nowhere, Cap One sends him a "friendly reminder statement" on this debt showing intrest accruing. I thought it was weird, pulled a report, saw nothing from them, shrugged my shoulders and moved on. December brought another "friendly reminder statement" that he shredded. Fast forward to yesterday- Cap One sent what appears to be a response to a DV letter. The kicker is that no one ever sent a DV- not in the last 3 years and probably not ever.Anyone else seeing anything like this? Is this a new scheme that they have come up with to try to trick us into paying?Thoughts? Comments? Link to comment Share on other sites More sharing options...
NeverServed Posted March 20, 2012 Report Share Posted March 20, 2012 Send them a C and D letter cease and desist. Keep all the correspondence from them. But do not DO NOT pay one cent or agree to anything. it can restart sol. Since your past SOL tell em to KICK ROCKS! Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 20, 2012 Report Share Posted March 20, 2012 Could be a trick to restart the SOL. First off, Cap 1 is an OC and hence, not covered under the FDCPA. Second, there is no law that prohibits a creditor from asking a debtor nicely to pay money that they owe. If I were you, I would just laugh and toss the letter. Link to comment Share on other sites More sharing options...
Flyingifr Posted March 21, 2012 Report Share Posted March 21, 2012 Send them a C and D letter cease and desist. Keep all the correspondence from them. But do not DO NOT pay one cent or agree to anything. it can restart sol. Since your past SOL tell em to KICK ROCKS!The C&D is FDCPA which does not apply to Original Creditors. Since the debt is OOS for suit and Credit Reporting you are certainly within your rights to tell them to kick rocks, pound sand, take a long walk off a short pier or any other simile you can think of for "drop dead". Link to comment Share on other sites More sharing options...
ikuomanero Posted March 21, 2012 Report Share Posted March 21, 2012 The C&D is FDCPA which does not apply to Original Creditors. Since the debt is OOS for suit and Credit Reporting you are certainly within your rights to tell them to kick rocks, pound sand, take a long walk off a short pier or any other simile you can think of for "drop dead"....or tell them you own the properties at:1060 W Addison St, Chicago IL...and...7500 W 42 St, New York NY. Link to comment Share on other sites More sharing options...
Flyingifr Posted March 21, 2012 Report Share Posted March 21, 2012 ...or tell them you own the properties at:1060 W Addison St, Chicago IL...and...7500 W 42 St, New York NY.I see someone read my "Frustrating the Skip Tracer" post on the other Board. I am really proud of that one - the collectors went nuts when they read it. Link to comment Share on other sites More sharing options...
usagi555 Posted March 21, 2012 Report Share Posted March 21, 2012 Could be a trick to restart the SOL. First off, Cap 1 is an OC and hence, not covered under the FDCPA. Second, there is no law that prohibits a creditor from asking a debtor nicely to pay money that they owe. If I were you, I would just laugh and toss the letter.I'll go through some of my old emails in the morning, but I have one that talks about Crap1 being crappy by pulling this kind of crap. I don't recall if it specifically says that they are trying to reset the SOL, but it does talk about old debts being dredged up. Link to comment Share on other sites More sharing options...
Flyingifr Posted March 21, 2012 Report Share Posted March 21, 2012 There is nothing Crap1 can do to re-set the SOL. Only YOU can re-set the SOL by making a payment. Link to comment Share on other sites More sharing options...
hi-liter Posted March 21, 2012 Author Report Share Posted March 21, 2012 I should clarify that we have no intent to pay this, ever. Glad to see that my suspicions about this are shared. As for as a creditor "asking nicely" for payment, that made me laugh- we all know Cap One doesn't do anything "nicely". I'm sure they are trying to pull something. I just don't know what. Link to comment Share on other sites More sharing options...
NeverServed Posted March 21, 2012 Report Share Posted March 21, 2012 Sorry I didnt know that a cd wouldnt work with original creditor I am new to this. But crap1 is fishy I am finding tons of information out now. I am contacting an attorney about all of this. Link to comment Share on other sites More sharing options...
Credithis Posted March 21, 2012 Report Share Posted March 21, 2012 I know this is being a bit paranoid but, since Crap1 is an OC and decided to hold onto the debt they 'may' be trying to establish an account stated by sending numerous collection letters to you hoping you will not reply. I'd cover my a$$ and send a DV to them anyway (I know the FDCPA does not apply to an OC) just to get it on record you dispute this alleged account entirely. Link to comment Share on other sites More sharing options...
usagi555 Posted March 21, 2012 Report Share Posted March 21, 2012 Crap1 claims it is doing this to comply with regulation Z. Capital One dredges up decade-old, charged-off debt - Los Angeles Times Link to comment Share on other sites More sharing options...
bidy2010 Posted March 23, 2012 Report Share Posted March 23, 2012 Crap1 is the worst creditor ever. Link to comment Share on other sites More sharing options...
Flyingifr Posted March 24, 2012 Report Share Posted March 24, 2012 (edited) I know this is being a bit paranoid but, since Crap1 is an OC and decided to hold onto the debt they 'may' be trying to establish an account stated by sending numerous collection letters to you hoping you will not reply. I'd cover my a$$ and send a DV to them anyway (I know the FDCPA does not apply to an OC) just to get it on record you dispute this alleged account entirely.An OOS Account Stated is just as useless as any other OOS debt.That said, Crap1 will be heading into a MOUNTAIN of problems with this one. Read the article in the link a couple of posts above - Crap1 is sending these letters to lots of uncollectable accounts - and I bet some of them filed BK. The letter saying "payment due"no matter how innocently,sent to a discharged debtor, is a violation of the permanent Injunction that a BK discharge brings, and is Contempt of Court. The only questions remaining are (a) how much will be Crap1's fine from the BK Judge and ( which Crap1 Officer will be going to jail? Edited March 24, 2012 by Flyingifr Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 24, 2012 Report Share Posted March 24, 2012 If Corzine and his cronies at MF Global can steal billions from their clients accounts, lie about it to congress, and still walk around free; what makes you think that anyone from Crap 1 will go to jail for sending a payment due letter to some who had their Crap 1 debt discharged in BK.If someone manages to get the issue to a BK court where a judge can actually see through the bona fide error defense, the most that will happen is that they will be fines and it will be a slap on the wrist. Remember, only about 5% of the people would actually know that such a letter is a no-no and do something about it. The rest will either worry that they still owe the debt, send money, or just file the letter in their personal circular file.There will be no smackdown on this. Link to comment Share on other sites More sharing options...
usagi555 Posted March 24, 2012 Report Share Posted March 24, 2012 If Corzine and his cronies at MF Global can steal billions from their clients accounts, lie about it to congress, and still walk around free; what makes you think that anyone from Crap 1 will go to jail for sending a payment due letter to some who had their Crap 1 debt discharged in BK.If someone manages to get the issue to a BK court where a judge can actually see through the bona fide error defense, the most that will happen is that they will be fines and it will be a slap on the wrist. Remember, only about 5% of the people would actually know that such a letter is a no-no and do something about it. The rest will either worry that they still owe the debt, send money, or just file the letter in their personal circular file.There will be no smackdown on this.It's a numbers game, and they will play it wrong one too many times. They'll either get some AGs pissed off at them, or they'll wind up with some really strange set of circumstances and royally piss off the wrong consumer, who will take them to the cleaners. Link to comment Share on other sites More sharing options...
Flyingifr Posted March 24, 2012 Report Share Posted March 24, 2012 If Corzine and his cronies at MF Global can steal billions from their clients accounts, lie about it to congress, and still walk around free; what makes you think that anyone from Crap 1 will go to jail for sending a payment due letter to some who had their Crap 1 debt discharged in BK.If someone manages to get the issue to a BK court where a judge can actually see through the bona fide error defense, the most that will happen is that they will be fines and it will be a slap on the wrist. Remember, only about 5% of the people would actually know that such a letter is a no-no and do something about it. The rest will either worry that they still owe the debt, send money, or just file the letter in their personal circular file.There will be no smackdown on this.It's much easier to buy Congress than the Courts. Judges don't have to run for re-election and can actually apply the law. BTW, Judges hate it when you ignore Court Orders. Link to comment Share on other sites More sharing options...
Dr. Evil Posted April 5, 2012 Report Share Posted April 5, 2012 I see someone read my "Frustrating the Skip Tracer" post on the other Board. I am really proud of that one - the collectors went nuts when they read it.Only the fraudulent and illegal suggestions you made. The rest was good clean fun. Link to comment Share on other sites More sharing options...
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