Poor College student

The collection agency person saud that she will present my statements to her "client" to see what they will say about the deal tomorrow.

Can someone please let me know what they think about the credit card thing.

She again stated that I have the means, which I keep telling her I do not.

Although (in all state that I know of) you have to be 18 to enter into any legally binding agreement (including credit card agreement) but I'm not sure if you could get the debt dismissed with that. Now the 10x more in attorney/court fees is utter bull$***. Most civil court fees are like $20-$40 And there is no judge in the world that would allow a attorney file such fees of some 10k+ for a simple civil suit. The first step that I would suggest is send them a debt validation letter (you can find a good template in the first link in my signature) send it via US postal service, certified mail, return receipt requested. Also request no phone contact so that they may only communicate via mail. Until they can provide you with proper documentation validating their claim to that debt they must cease collection activity.

If they can validate it just pay what you can afford, if they take you to court and they have not provided validation it could be used in your defense as their ownership is still in question. If they sue and they have validated and you are paying what you can afford it can also work to your benefit as it shows you are already trying. But either way if it goes to court then you need to get a attorney (it's good to have council that is familiar with the ins and outs of the legal system, i.e. a attorney)

BTW, could you provide me with the name and/or phone number of the collection agency/attorney? I'd like to do a little research to get an idea of who your dealing with.

I'll try to be of whatever assistance I can.

Wow i'd sure try to speak to an atty about this! Go to naca.net and find an atty in ur area, most give free consultations. And the way i understand, is a minor can NOT sign a contract!
It's sure worth a phone call to find out for sure!
Good luck and keep us updated,
Ang
P.S. Also JC is right, there is NO way ur debt will go up as much as they say. There are caps on fees and such on these kind of civil suits!

Also Elizabeth, are u saying u haven't paid on this card since 2001?? If so, it very well may be out of SOL!
Check for ur statues here:
http://www.debtconsolidationcare.com/collection-agencies/kindsof-agreements.html
Hope this helps u some,
Ang

I am dealing with the Law office of Scott Lowry.

However, they said I have not been sent to lawyers yet, but they confise me cause one moment they saw they are calling from the law office, and the next that they are calling from the collection agency.

The deal is that they say I still have an active credit card from Capital One, with a limit of $3000 proving I have means to pay them.

I told them that I refuse to pay them off with the credit card because it will just repeat the cycle of debt. They told me my credit score would be affectd, to which I apply I can handle that. Then they just tell me that I am young and don't know anything. It's just been awful.

The Capital One card is clean, and not used since 2001, because of the issue my mom had with me getting the card as a minor, which was illegally. I keep telling them that, but they won't listen.

They called me once more stating I will be forwarded if I don't come up with $700 to pay by tomorrow as a down payment.

I feel stupid crying about this, but this is so hard to deal with. I can not let my family know my shame.

I am rushing because I have a night class to attend in 5 minutes.

I owe Bank of America Credit Card money, but somehow this collection agency found out I have a Capital One card with a limit of $3000. That is why they say they will not settle with me. They say I have the means.

The "law office" probably is a collection attorney (no different from a collection agency), and must obey the fdcpa. They don't appear to be following it by looking at some of the threats they've made. No, minors can't sign binding contracts.

Ok here goes Elizabeth! First of all Lowry is one of the worst bottom feeders around! Please read this: http://www.budhibbs.com/debtcollectorpages/lowery_scott_p.htm
He works for the same CA that sued me! U can beat this! These atty's that CACH hires are the worst violators!!
First of all, look up ur statue of limitations on the link i gave u up above. Second, send them a cease and desist letter immediately! Stop talking to them on the phone, only communicate thru USPS!!
Now the reason they know u have this other credit card is because they have pulled ur credit report!!! DO NOT settle with them on anything and plz plz plz do NOT give them ANY kind of personal information!! They will try their hardest to get any kind of information out of u that they can!
Plz if u have any more questions feel free to ask but i'm very confident that u can beat this!! Between ur SOL, ur age at the time of attaining the card and the luck of the draw, dealing with Lowry! :roll:
Much luck to ya,
Ang

Sadly, the card(CAPITAL oNE) I signed as a minor is not the one I owe money on.

I owe on a Bank of America from 2006.

I did not give them personal info. They were asking for my school, work, and parents info. Then they said I was refusing, and that the courts will be told I refused to cooperate.

I am willing to pay, but not $2200, and not in one payment.

I will send them they paperwork and see what happens when the call tomorrow morning!!

thanks everyone

Not a problem Elizabeth, thats what we are here for. Please keep us updated and if you need any help at all just ask and we will help if we can.

Ahhh ok sorry i confused the 2 cards! Ok so this is what u need to do... first of all send them a debt validation letter and make sure u send it return reciept requested (taht's ur proof they got it) In the dv letter tell them u will only communicate with them via USPS... If i were u i would just stop answering their calls and let ur dv and cease letter get to them.... Everything they do is SO sloppy and i can almost guarantee u they do NOT have the info to validate this debt! If they do, then let them send it to ya... then we'll go from there.
Good Luck Elizabeth,
Ang

Call BOA stat when you get a chance and go up through the phone chain to the credit management's office. Ask to speak to a "credit agency" liaison, they will gladly speak with you regarding this; they are the ONLY PEOPLE at BOA who have the authority to speak to you re: a settlement. If they agree, they will instruct their client to accept settlement as is and not to worry. They are extremely courteous people and will typically work things out with you, it may take a couple days for the liaison to call back, but this is your chance.

Follow hokeyman's advice. And, you don't have to give them any information at all, they're just blowing smoke. In fact, do not give them any personal financial information.

Elizabeth, you've been given very good and solid advice. it is very easy for college students to be sucked in to the credit world. it used to be they would go on college campuses and give out free t shirts if you signed up which is bull. Now I believe they cannot do that any more. being that you were 17 and received it in the mail does not surprise me either for credit card companies would send literal cards that can be activated to my one year old sister at the time and that's no joke. that was over 20 plus years ago.
Cease and Desist Letter would be one of your strongest weapons in your corner at this point. Also, like hockey said, talk with BOA and ask to speak with a credit liaison, they may take a little time to get back to you, but it will be noted that you called and are trying to counter your current situation.
I know it is difficult being a college student and going through this, I have been there, your mind is constantly on this...but please follow the advice of everyone here and most of all, when dealing with collections of any sort, whether they be from attorneys or agencies, do not give personal or financial information over the phone. I think you did the right thing not divulging what school you go to. hang in there and let us know what happens

But CACH is a junk debt buyer, they buy old debts for pennies on the dollar and then try to collect on them... so my question is, can she contact the OC if the debt has been sold???
:?
Ang