Newport News account bought by Capital One Sent to Lawyer

Hello shantajanuary,
It is nice to have you as a part of this community. Welcome to the forums.

As far as I can see, I think you have done everything correctly. For now, you will have to wait for the lawyer's response to your letter. Your subsequent course of action, as to your payment, depends on the lawyer's response.

You should also send a latter to the lawyer's office, asking him about the validity of your debts. You should ask him about the exact amount that you currently owe. To know more about debt validation view the related article provided by this site.

http://www.debtconsolidationcare.com/validation.html

As you said you are not well aware of your rights, I believe, you should also gather information, about your rights as a debtor. The federal laws (fdcpa) has laid down specific guidelines regarding a creditor's or collection agency's methods of debt collection. To know more about your rights you can view the article based on this topic:

http://www.debtconsolidationcare.com/fdcpa.html

Hope this information helps you.
Come back with further queries.

Regards,
Peter

Hi shantajanuary

Welcome to the forums. You can also take the help of Consumer credit counseling Services (CCCS) since they have a very good relation in working with the creditors. At times, when you don't get positive response from your creditors, the CCCS will help you in settling your accounts.

Please keep a track of all your correspondence through certified mail, return receipt requested as verbal communications don't work in legal terms.

Please let us know if we can assist you further.

Regards
Roxette

Well the lawyer received the letter as I sent it certified mail and they did not call me but received a letter stating that I was in violation of my stipulation.I have tried to contact Capital One but they will not talk to me regarding the account. I reported the law office to the BBB in hopes of receiving a response. My question is should I contiue to pay and what should next steps be.

Hi shantajanuary

Welcome back. If the collection agency has not responded to your letter requiring debt validation, you are not required to pay the debt in legal grounds. Any further collection activity will be a violation of the Consumer protection afforded by the fdcpa Section 809 (b)

You are required to consult your attorney and file a case against them and sue them up to $1,000. The court will fix a hearing date and you are required to be present with all the necessary papers as proof.

Failing to produce the validity of the debt, the collection agency might not be present on the hearing date and you will win the case by default. You will be sent a copy by the court and you can show it to the credit bureau to delete the account.

Regards
Roxette

I have another question I signed a stipulation stating I agree to pay the 4100.00 but As I states I have letter from another company stating the amount is much less than that.

I reported them to BBB and they have filed a complaint against them.

Would you know of an affordable lawyer I can contact in regards to this case.

your help is appreciated.

This item was not on my credit report prior to my inquiry with capital one or the lawyer. I received a copy of my report a found that it is now on the report.My questions is can the lawyer make me pay more than what is stated on my report.

Hi shanta

Welcome back. This url contains a list of the reputed attorneys in each state. You can use their services to get positive results in your case.

http://forums.debtcc.com/forums/about417.html

Your credit report is showing the amount that was reported by your creditors. The debt collectors purchased your debt from the creditors and they are trying to extract the most from you. In such circumstances you are only required to pay that much amount only which is genuine and not the fictitious amount asked by the lawyer. Your debt validation is still the most important legal weapon which shows the break up of your accounts. Never compromise for anything inferior.

Regards
Roxette

Hello Again

I still have not heard from the lawyer. I have also reporte them to the BBB which stated they can not help me as the court has rendered judgement which I have not received any papers in the mail. I believe the firm should them the stipulation I signed. The letter I was thinking should I sent the funds directly to Capital One instead of the layer but yet they will not even speak to me and they are the ones I am suppose to owe.Do you think I should write another letter to the lawyer regardind the validation; I am really worried and confused as I do not have the funds to retain a lawyer. So I need to know what I can do only my own

Hi shantajanuary

Welcome back. Yes, you can contact your original creditor and arrange a proper negotiation. If the collection agency has not purchased the debt, then the creditor will be most willing to help you.

A collection agency keeps on continuing most of the collection efforts when they purchase the debt from the creditors. But it will be helpful if you can know your account information from your creditors.

For guided help you can visit the "Do it Yourself" page in this site and deal with your creditors more proficiently.

http://community.debtcc.com/diy/index.html

Do let me know your response. I will try my best to help you in the right direction.

But I guess, legal help of your attorney would have been helpful to you in your case. He is well aware of these types of situations and knows how to handle them skillfully.

Regards
Roxette

Hello Again
Well I signed up with National Consumers credit agency and Capitalone was accepting the payment for 2 months But thursday they froze my bank account for 1322.62 as per the legal department when I called they asked if I was sure it was them I went to court and founs they stated that judgement amount was 2488 when I spoke to lawyer I aked them were they receiving payments and they saud the client sent them the funds but the client rejected the proposal for payment for incorrect account but they have been taking the money and forwardeding it to the Lawyer furthermore when I asked the lawyer why they did not respond to my request for validation and a statement they said they were not legally bound to respond. I also seen they stated that they they served a relative of mines before I signed the documents in Feb 2003 which was lie as they had the name of Jane Jaunuary. there is no other January at me address. I am trying to get a letter from my old job stating the time I worked that day to prove it was not me. I was advised by the legal department to get something from the courts so the marshals would not take my funds. When I first spoke to the law office on Friday they were very nice when I spoke to them today they were nasty so I proceeded to hange up the phone I must have received atleast 3calles from their office when I finally spoke to someone he could not answer any of my questions he stated he would not lift the judgement bu capitol one was willing to settle from 1322.62. I am awaiting a letter from thje legal department stating what the lawyer requested and I am going to court to have the case reopened. I also called the ftc ask I asked the company to cease all calls and they continued to call by recording which they told me was illegal. Please advise if I am taking the correct measures as I can not get into my accounts also does and of the information I provided constitute me suing the lawyer

Hi

You are doing the correct thing by collecting information as much as possible. The letter from your old job will also clear most of the confusions.

There are separate state laws regarding recording of the phone calls. Some states allow the calls to be recorded without informing the other party whereas other states have the laws that the other party needs to be informed before the calls are recorded.

Do you have the receipts of your payments made to the lawyer? I think that it will be the most important evidence of your payments made to them. Also, your banking transactions can also be helpful showing the money withdrawn from your account.

If necessary, you can also consult your attorney for this purpose.

Regards
Roxette

well just give an update the judgment was vacated and because the lawyer did not have the information for the account he settled for 1300 to be paid 100 installments I have been paying them and they are the nicest people to talk to now LOL

today I happen to look at my report and founf that capital one has sent the other half 1500 to another lawyer and is trying to collect on that account the name of the institution is LVND I called them and they gave me anumber to NCO lawyers which I can not get intouch with and they are giving me the run around telling me they do not have the account. I called the lawyer I am currenlty paying and they have stated that I should wait and when they take me to court to show the paper work (stip)etc. I want this off my credit report and I am not sure who to report this too please help

Shantajanuary, place your dispute on this item with the credit bureau and let them verify it with your creditors. Request for the results of their investigation done so that you can make further arrangements towards this account.

You can also call your creditor for inquiring on this matter.

I have recently paid of Capital One thorught ebt consolidation program. I received a letter in the begining that after 3 mths of payments they would re-age my account. I have since reviewed my account and they have not re-aged the account. I had the same problem with Chase but Chase re-aged the account. I spoke with someone at Capital One of course they were nasty and advised me that they did could not re-age the account. I advised them I received the letter and they hung up the phone on me. What can I do do to make certain they stand by there word.

Also the account I referred to in this thread was vacated and the lawyer settled but the judgment is lisited on my credit report furthermore Capital One had LNVN funding report the same dept on my credit report I have tried numerous times to contact LNVN and they are giving me the run around I disputed this with the credit agencies and they keep telling me the information was verified. I am not sure what else to do.