this past may, I negoiated a settlement on my capital one credit card. I paid the agreed amount and recieved a letter from capital one stating my account had been paid as agreed. since then I have continued to receive bills on this account. I have called then numerout times about this....they keep trying to tell me that "we would have never agreed to settle for that amount". they have done 2 "supposed " investigations and I never hear back, just receive bills and letters, so I have to call them and hear more of the same. Interesting to note that usually if I am 1 day late with my payment they are calling me all the time trying to get a payment....I have not re cieved ONE phone call from them. I recently sent them a letter advising them that they are attempting to collect a debt that is no longer owed and that If they did not immediately fix the issue they could be in violation of the fdcpa and my states fair business practice act. Yesterday...I receive another form letter from them stating "thank you for your recent communication with capital one' and stating that I need to pay off my balance. I have a letter ready with copies of supporting documentation to send to my states atty general. Should I mail this? Yes, I have disputed this on my credit report- havent heard anything yet. should I look into a lawsuit? do I need to hire an attorney or can this be done by myself? I live in Minnesota. Thanks!
I would wait for the result of your disputes through the CRAs first. If it still doesn't get resolved and you can afford a good consumer law attorney, then I would at least talk to one and discuss your options. If you have all the documentation, I don't see what Capital One would have to lean on here. You did get the original settlement agreement in writing?
First, did you get the agreement to pay the settlement amount in writing? Do you have something on Capital One's letterhead or a statement that says the account is paid in full?
Disregard my previous post; I read where you got a confirmation letter from them. I would send a copy of the letter that shows the account is paid in full to Capital One's legal counsel - John Finneran (contact them to get an address). I would state you will consult with an attorney if the harrassment does not stop. The paid in full letter is on their letterhead? Did you have a written agreement with them for that amount? Note: I am not a licensed attorney. This is not legal advice between an attorney and client.
It seems that the Lord and the Devil were having a rather bitter argument one day when the Lord shook his fist at the Devil and proclaimed, "I'm gonna sue you." "Oh Yeah?" came the Devil's reply. "And just where are you going to find a lawyer to do that for you?" LOL
That's highly doubtful. Sounds to me like this may actually be a collection agency trying to collect. Are they using Capital One letterheads? You need to contact them and ask for a complaint form first. Some states also have those on line. What are your causes of action? That's the first step whether you hire a lawyer or not. What are your causes of action? You need to know what law(s) they broke, how they broke them, when they broke them and what are your damages? If you can't come up with those answers then you may not have any grounds for a lawsuit or even a complaint. Either way. Attorneys usually goof it up.
