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Cap 1 and lawyer threats - please help, very hurt


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Posted by new wife (216.43.115.253) on March 14, 2003 at 20:39:06:

I have spent the last 6 months paying all of my old debts, and I was really feeling good about myself for it. My last contact was Capital One. The balance was around $2200, and it had been about 7 months since I had made a payment. I called Cap 1 and told them that I wanted to make payment arrangements. They told me the account had been given to NCO. I called NCO, and they said the account had been sent to an attorney in my state (IL). I called the attorney and asked for a confirmation of the balance and a payment address. I also asked that he send me some sort of letter verifying that they were now who my payments should be sent to. He gave me the address, told me to make the payment to Cap 1, and said he would send me a payment book. I provided him with my home address and my work/home numbers. This phone call took place last Wednesday (3/5). I get paid on Fridays and was going to send a payment then, but decided to wait for my payment book, which did not arrive.

The following Wednesday (3/12) the attorney called me at work, and when I answered said something rude like "I've been looking all over for your payment but can't seem to find it." I said that I was planning on calling him (I really was) to ask where my payment book was. He said that they do not send me a payment book until I send them an initial payment. This seemed strange, but I told him that I was sorry, that I had misunderstood, and that I would send him the payment. Today (only 2 days later) I went and got a money order and put it in an envelope to send to them after work. Right as I'm getting ready to leave, I checked my messages on my work phone, and this is what I heard:

"Miss XX, this is XXXX from Feingold and Levy and I am calling you ONCE AGAIN. There is no grace period here. I suggest you send payment right away or my next call will have to be to your payroll department." Needless to say, I was quite appalled.

Here are my questions:
1) - I know that he cannot threaten a garnishment unless they plan to sue. Is he allowed to say that he will call my payroll department?

2) - I filed a complaint with the FTC. Will this make them angry and pursue a judgment? I really just want to pay the account balance.

3) - Could I pay Cap 1 directly? I assumed before that the account had been sold, but he told me to make my payment out to Cap 1. So do they still own it?

4) - Should I just pay them the balance and keep my mouth shut? I have no problem with paying it, I'm just angry.

This really upsets me. I loved the feeling that came with paying my old debts. But this has really brought me down. I gave him all of my contact info (had never previously heard from them) and he is using it against me. I would really like to tell Cap 1 that he is in violation of my rights, but would that matter? I really do want to pay this, but I don't ever want to have to talk to that man again, he was so threatening. It just makes me want to go back to ignoering my debt, which I know isn't the answer. Please help!!

PS you guys are great! I hope I haven't repeated a previous post, but I haven't seen one like this.


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