Capitol One doesnt Stop

Marswoman · 02-19-2008, 07:22 PM

Had an acct with Capitol One Credit Card for about 1.5 yrs, closed it in 2001. It was in good standing until I realized they were not posting my payments on time, using that as an excuse to add late fees/charges to my acct. Calls to customer service did nothing.

This acct is posted on my reports - stating due for deletion in MAY 2008.

Guess what? I just got a collection letter from Northland Group in Minnesota, trying to collect 3x the original amount. So now this account is posted on my credit reports TWICE.

I called Northland and told them this bill is 7 years old and uncollectable and why dont they verify their information before sending collection bills? Their customer service guy told me to snail mail documentation and they will delete this.

However....do I have any legal recourse against Capitol One for posting this numerous times involving several collection agencies???

hannah · 02-19-2008, 07:27 PM

If Cap One's tl is due for deletion (becoming obsolete) in May this year, Northland can also report until May.

If Cap One sold this account to Northland then their balance should be zeroed out. If Northland is just a third party collector for Cap One, then they can post the tl as well but only in the collections section of your CR. If other CA's are also reporting the same tl, dispute them with the CRA first and then with Cap One.

A CA or JDB or even an OC can continue to attempt to collect even if the time is up for reporting or the SOL for litigation has run out. Nothing illegal about that. If that is the case and you don't want then to contact you, then send them a FOAD letter and be done with it.

If your state's SOL on litigation is also a statute of repose, then and only then is attempting to collect illegal.

centex · 02-19-2008, 07:44 PM

CrapOne rarely sells their paper. Northland does a lot of their third-party work but will often simply return a file to CrapOne. They are one of many out there that actually appear to play by the rules, much to the chagrin of those that owed money to CrapOne.

Marswoman · 02-19-2008, 07:47 PM

Actually, I just checked my Experian report online, Northland did a request for my credit history on Nov 23, 2007.

So they are apparently trying to collect on the few months or so left on this 7 yr old acct.

hannah · 02-19-2008, 08:04 PM

Quote:

Originally Posted by Marswoman

Actually, I just checked my Experian report online, Northland did a request for my credit history on Nov 23, 2007.

So they are apparently trying to collect on the few months or so left on this 7 yr old acct.

Sorry about that but it is legal.

Enigma · 02-20-2008, 12:23 AM

Quote:

Originally Posted by Marswoman

Actually, I just checked my Experian report online, Northland did a request for my credit history on Nov 23, 2007.

So they are apparently trying to collect on the few months or so left on this 7 yr old acct.

If they pulled and they do not/return to creditor validate or prove the assignment, then in my opinion, their pull was impermissible and a FCRA violation.

Hedwig · 02-20-2008, 01:58 AM

What's the SOL in your state? Is it still within SOL for collections?

drivel · 02-20-2008, 08:58 AM

Well if you told them it was uncollectable, I'm sure they will take your word for it.

hannah · 02-20-2008, 11:19 AM

Quote:

Originally Posted by Enigma

If they pulled and they do not/return to creditor validate or prove the assignment, then in my opinion, their pull was impermissible and a FCRA violation.

Enigma, we don't know if Northland owns or is only collecting.

jlynn · 02-20-2008, 11:39 AM

With Cap One you can sleep well assuming its an assignment. I've never heard of them selling their paper.

Enigma · 02-20-2008, 03:03 PM

Quote:

Originally Posted by hannah

Enigma, we don't know if Northland owns or is only collecting.

IMHO, would not make a difference. Cannot prove ownership or the assignment to collect, it is a violation.

When I argue the point, I usually get paid. No one so far is willing to fight me on it.

BTW - Cap1 owns Northland.

Marswoman · 03-17-2008, 08:44 PM

Northlands collection letter says "On behalf of our client, Capitol One..." blah blah blah.

But my credit reports all say Capitol One Acct - charged off as bad debt/acct closed by consumer.

Strange????

hannah · 03-17-2008, 09:41 PM

Quote:

Originally Posted by Marswoman

Northlands collection letter says "On behalf of our client, Capitol One..." blah blah blah.

But my credit reports all say Capitol One Acct - charged off as bad debt/acct closed by consumer.

Strange????

Cheer up! Just a few more months and both will be GONE!! And if you don't want to hear from them anymore, send em that eff off letter.