Capital One and Suttel & Hammer

Hi. I am in a situation here and I'm not quite sure what to do about it. Any and all help is greatly appreciated.

I have read through many posts here regarding Suttell & Hammer, and I'm actually pretty scared after all I have read.

I held a Cap1 card for several years. I became unemployed and was no longer able to make the minimum monthly payments to Cap1. After 6 months had passed, the amount of penalties on the account was double the original credit limit owed, due basically to the fact that Cap1 was beating me to death just prior to the Card Act of 2009 going into effect on 2/22/2010.

As soon as the debt reached the 2000 dollar mark, Cap1 ceased contacting me, and out of the blue I started getting contacted by FirstSource Advantage who increased the debt by a couple hundred bucks.

Now, recently, I received a letter from Suttell & Hammer, P.S. stating that "their client Capital One" is demanding payment in full and that I should contact S&H immediately to arrange payments. Odd, the bottom of the letter states "At this time, no attorney with this firm has personally reviewed the particular circumstances of your account". Huh? So...

I attempted to contact Cap1 back when this debt was being handled by FirstSource. A man in Cap1 legal department told me the debt was charged off and that FirstSource was who I should contact (did Cap1 sell the debt?). Well, dealing with FirstSource was no picnic, they refused to settle the account for anything less than the full amount, which I absolutely could not pull off. Since I could not do that, FirstSource told me the account was going to be sent back to Cap1 for legal action... enter Suttell & Hammer.

The letter I received from S&H was in an envelope that has a return address title of:

SUTTELL & HAMMER, P.S.
Attorneys at Law

Yet the document inside the envelope had a head that states:

SUTTEL & HAMMER, P.S.
(formerly known as Suttell & Associates, P.S.)

I have done extensive research into S&H, through this forum and several others to find that S&H (dba suttell & associates) has been found in a court of law to be a collection agency:

see: http://www.leagle.com/unsecure/page.htm?shortname=infdco20100201799

During my research, I have been contacted on the phone by some guy at S&H that immediately stated to me "calling from Suttel & Hammer attorney at law office".

I have found that Suttell & Hammer, P.S. has an active business license in the State of Washington:

LEGAL ENTITY: SUTTELL & HAMMER, P.S.
DBA: SUTTELL & ASSOCIATES
UBI: 602312491

see: http://dor.wa.gov/content/doingbusiness/registermybusiness/brd/

I called Cap1 legal department, I asked if Cap1 was an S&H client and the guy at Cap1 legal department flat refused to tell me anything. I asked if I could work directly with Cap1 and he said that would be "double collections". Huh? I asked if Cap1 sold the debt and he said he could not help me. I asked "who at Cap1 can help me", and he said "you're going to have to call 8002601706" ... which is S&H. I asked "is S&H an attorney working on behalf of Cap1", and he said "I don't know the answer to that" ... again HUH?

I am so thoroughly confused at this point. I will soon be employed and I do want to honor my debts, however, the amount claimed I owe is in dispute at this point, and frankly after finding out what I have found out about S&H, I do not want to send them money. However, Cap1 refuses to accept my request to work directly with Cap1. WTH!?!

S&H scares the daylights out of me seeing as William Suttell is also a partner in a company called AMERICAN FORECLOSURE SERVICES, INC.

I am wondering here, since Suttell & Associates has been identified as a collection agency, and Suttell & Hammer, P.S. is DBA Suttell & Associates; are they in violation of Washington State Collection Agency Law, specifically 19.16.250 Prohibited practices:

see: http://apps.leg.wa.gov/RCW/default.aspx?cite=19.16

I got the S&H letter, and I'm still in my 30 day window. I have discovered that sending the DV letter will go without them responding since the information in their original letter is debt validation enough, according to the FDCPA. Should I send a DV anyways?

My wife and I are low income, with three children, and we cannot afford to hire an attorney. I'm so fricken lost here ... again, any AND ALL help will be GREATLY appreciated.

Thanks in advance.

Kind Regards,

Troubled and Scared