Cap1 Settlement Situation

Discussion in 'Credit Talk' started by t480, Dec 25, 2011.

  1. t480

    t480 New Member

    Hello, I'm new here.

    About 2 years I became deliquent on a Cap1 MC. In 2010, Cap1 hired a local law firm to sue me for a judgement with the current amount owing at approx. $2775. I wrote a response and was able to get a pre-trial Resolution Conference set. The conference was facilitated by two court legal aides appointed by the judge and the local lawyer who was able to get the judge to let him teleconferfence while I had to show up in person. An agreement was made that I would pay through the law firm $157 a month which would get my full balance paid in 2 years (I chose this over a lump sum 45% settlement). This agreement would get me to avoid a judgement. Six months later both myself and the law firm recieved a letter from the courts that my case would be closed unless either party contacts the court within 30 days. During the time I was making regular payment but then became deliquent again, making payments late or skipping payments all together. During the arrangement I received no invoice or balance update from the law firm.

    A few months back I recieved a copy of a court document filed by the law firm under the original case number notifying the court that I have not held my end of the agreement and asked to proceed with judgement. I hurried up a rushed a payment to the law firm. I didnt hear anything else from the law firm or the courts and I athinking that the law firm found out that the case was closed and they would had to re-file under a new case number. But no court documents were ever filed or mailed to me.

    Friday I received an invoice from Cap1 that looked like a normal credit card monthly bill I would get 2 years ago but had a December 2011 date. It had info on credit solutions, and then had my new balance amount of $2900. It doesnt look like my $1256 in payments to the law firm has ever been applied.

    So now I am excited for another chance to make this chance right, but just concerned with the math. Any tips? (other than the obvious "pay your bill on time"). I am scared that i threw $1200+ the past year on nothing.
     
  2. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Welcome to Creditnet t480! What documentation do you have of all the payments you made to the law firm that was representing Cap1?
     
  3. t480

    t480 New Member

    I have a copy of each check, the bank statements of the checks being cleared, and all copies of all court documents.
     
  4. JoshuaHeckathorn

    JoshuaHeckathorn Administrator

    Sounds like you've got good documentation of your payments, so that's a step in the right direction. It also sounds like your debt has been transferred back into the hands of Capital One from the law firm that was originally hired to collect for them. I would send a response to Cap One that includes the bill they just sent you, copies of the documentation showing past payments, and a letter requesting that they apply the previous payments and provide you with an updated balance.

    How is this currently being reported on your credit reports?
     

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