hi-liter

Cap One letters out of the blue

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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?

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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.

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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".

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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.

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...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.

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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.

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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.

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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.

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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 (B) which Crap1 Officer will be going to jail?

Edited by Flyingifr
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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.

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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.

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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.

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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.

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