- Report: #180532
Complaint Review: Capital One Bank - NCO Financial - Vienna Virginia
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Capital One Bank - NCO Financial
1953 Gallows Road Vienna, 22182 Virginia, U.S.A.
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NCO Financial Capital One Bank harrassing from NCO on behalf of Capital One Bank ripoff Vienna Virginia
I had a Capital One credit card. I used it and made my payments, until like two years ago. Due to a MAJOR personal set back I could no longer make my payments.
After Capital One called several times with no response from me, they turned it over to NCO Financial Systems. NCO had repeatedly called, again, with no response from me.
I know that I'm in the wrong, I know that I owe the money, however I just got served with papers where they are taking me to court. I'm going to scrounge the money up somehow to pay this debt off, but am scared to death to call Capital One or NCO to let them know that I will pay the debt but can't do it until the second week in April.
What do I do? This has never happened to me before, I'm literally scared to death of what will happen. The court summons says to respond within 10 days of being served and if I don't respond then the court will take it that I do not contest the debt and will be ordered to pay. PLEASE PLEASE if anyone has any suggestions I'd love to hear from them. Thanks
Kelly
Cumberland, Maryland
U.S.A.
After Capital One called several times with no response from me, they turned it over to NCO Financial Systems. NCO had repeatedly called, again, with no response from me.
I know that I'm in the wrong, I know that I owe the money, however I just got served with papers where they are taking me to court. I'm going to scrounge the money up somehow to pay this debt off, but am scared to death to call Capital One or NCO to let them know that I will pay the debt but can't do it until the second week in April.
What do I do? This has never happened to me before, I'm literally scared to death of what will happen. The court summons says to respond within 10 days of being served and if I don't respond then the court will take it that I do not contest the debt and will be ordered to pay. PLEASE PLEASE if anyone has any suggestions I'd love to hear from them. Thanks
Kelly
Cumberland, Maryland
U.S.A.
3 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Info for James
#2Consumer Suggestion
Wed, March 15, 2006
James, Kelly alreadt stated that she defaulted 2 years ago, AND that Capital One already filed a lawsuit. Therefore, the SOL is irrelevant. It restarts as soon as legal action is taken. The SOL is the time in which a creditor can take action which starts on the month of first serious delinquency. She already said she accepts the debt and wants to pay it.
James
Coppell,Texas,
U.S.A.
Watch up for statutes of limitation
#3Consumer Suggestion
Wed, March 15, 2006
A little disclaimer first. Please always consult a professional for any legal and/or financial advice. I am merely expressing a personal opinion. The statute of limitation for debt in Maryland is 3 years. See http://www.bankrate.com/brm/news/cc/20040116b1.asp If you continue to ignore this debt, a debt collector no longer has the right to sue you for payment once the 3-year statute is up. If you acknowledge this debt by responding to the court order and work out a payment plan, the statute is renewed for another 3 years. You will also want to check your free credit report (www.annualcreditreport.com) to see if CapitalOne has charged off this debt. If so, NCO is the new legal owner of this debt. In other words, the debt is no longer the business of Capital One as the earlier post posted. Good luck!
Steve
Bradenton,Florida,
U.S.A.
Kelly....RELAX..it's not that bad!
#4Consumer Suggestion
Sat, March 11, 2006
Kelly, Here's what you do. First, you were absolutely right in not speaking with NCO. Now, look at your court papers and see if it is NCO suing you, or Capital One. This makes a big difference. You have to decide right now which way to go. Accept the debt or deny the debt. It sounds like you accept it and are willing to pay, so based on that assumption: Respond to the court right away. Just explain your situation, and the attempts you made to pay the debt. Be sure to clearly place the case# on your response. Do this right away. Send this letter to the court by certified mail, return reciept requested and be sure to put the certified# on the letter itself and keep a copy for your records. On your first appearance which is your pre-trial conference, if you accept the debt, it will stop right there, and a payment plan will be set up within what you can afford. Do not let them bully you into something you cannot afford. YOU set the payment amount. NOTE: DO NOT give them any personal information that they do not already have! AND DO NOT give them your employment information if they don't already have it. You are under no legal obligation to do so. If they play games with you , stand up and tell them to go to hell, and take it to trial. Keep in mind that all they can get if you go that route is a default judgement, and the court does not help them collect it. They are on thier own. If you do not own property or have excess expendable income, they are just out of luck. Just because someone sues you, does not mean they will ever get paid. Relax!
