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CAP 1 letter witha payment solution


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4 replies to this topic

#1 kegva

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Posted 28 April 2012 - 03:07 PM

My mom has an acct with CAP1 and she has paid the account with no problems until 2010. She got sick and has not paid them since 2010. CAP1 sent her a letter saying they would sue her and to avoic legal action to call 1-800-272-9756. She lives in GA. Her balance is $5116. She has 2 choices:
1) payment plan for your balance or settlement plan which you pay less than you owe? What is the best plan of action for her? She has no money in her budget since she in now retired.

Will Cap1 really sue her in court since she hasn't made a payment in 2 years?



#2 ICANHASMUNY?

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Posted 29 April 2012 - 08:44 AM

My mom has an acct with CAP1 and she has paid the account with no problems until 2010. She got sick and has not paid them since 2010. CAP1 sent her a letter saying they would sue her and to avoic legal action to call 1-800-272-9756. She lives in GA. Her balance is $5116. She has 2 choices:
1) payment plan for your balance or settlement plan which you pay less than you owe? What is the best plan of action for her? She has no money in her budget since she in now retired.

Will Cap1 really sue her in court since she hasn't made a payment in 2 years?



yes they will, however - is you mothers only income SS?

who sent the letter? is it from an attorney?


she should write back and explain the circumstances.

a settlement for less is the way to go if she has no cash on hand -

#3 kegva

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Posted 29 April 2012 - 10:42 AM

Her only income is Social Security. The letter is from Capital One but it came to my mom's address by FEDEX Express. The address on the letter is Capital ONe, Po. box 30285, Salt Lake City, NV 84130-0285. The FEDEX envelope is from CAPITAL ONE SERVICES out of Chester, VA, which I think is a collection company for Cap1.

She got behind and the payments did not make the balance go down. So the Stat of limitations for GA is 3 years so will making payments now make the Stat of limitations extended? She just does not want to be sued.

#4 ICANHASMUNY?

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Posted 29 April 2012 - 12:46 PM

Her only income is Social Security. The letter is from Capital One but it came to my mom's address by FEDEX Express. The address on the letter is Capital ONe, Po. box 30285, Salt Lake City, NV 84130-0285. The FEDEX envelope is from CAPITAL ONE SERVICES out of Chester, VA, which I think is a collection company for Cap1.

She got behind and the payments did not make the balance go down. So the Stat of limitations for GA is 3 years so will making payments now make the Stat of limitations extended? She just does not want to be sued.


SOL in GA is 6 years. ( amex v hill, 2008. ) GA has a SOL for " simple written contract" that is 6 years.

Capital one services is Crap ones inhouse CA.

they are probably charging her 32% default rate on the account.

she can offer to settle the account for charges made and resaonable interest.

tell her to explain the medical issues and the fact that her only income is SS,

does she have a homestead filed? does she own a car?



GA rules on

#5 kegva

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Posted 29 April 2012 - 06:02 PM

She does own her own car, 70 years old. Her own house too;no mortgage. I don't know about homestead or not. Thanks for informing me about GA SOL. So she must do something. In the letter they give her 7 days to reply. She is scared and wants to call the 800 #.




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