Complaint Review: Charlyn At Viking Collections Southwest (Capital One) - Phoenix Arizona

When I read threads like this, I think some of the people really should go back to school. Apparently people who have a "holier than thou" attitude and "Don't borrow money you can't afford to pay back" don't understand that a chain is only as strong as its weakest link, and we live in a society where certain professions who, in less civilized times, you'd simply drag out into the parking lot and stomp into the pavement if they were worth 30 seconds of your time. People do not go through four years of college to major in bill collecting. It is an invasive profession, and most collectors are probably subject to a lot of abuse. Therefore, it is a job that appeals to one of three people: 1. People who use it as a weigh station while looking for something better. 2. People who can't do anything else. 3. People who are sociopaths. I have a six figure income, an educated profession, and a FICO score of 747. Yet I have run afoul of bill collectors three times. Once was a valid debt -- I simply forgot to pay a closing gas bill. Two other times were over charges I had disputed, by certified mail. Both times, the creditors did not respond, as required under federal law. Both times, the accounts were simply referred to collections. Both times, the agents (Risk Management and Viking), instead of calling to get my side were rude talked down to me, and came in with their teeth bared. Both times, they were reported to the FTC.

When I read threads like this, I think some of the people really should go back to school. Apparently people who have a "holier than thou" attitude and "Don't borrow money you can't afford to pay back" don't understand that a chain is only as strong as its weakest link, and we live in a society where certain professions who, in less civilized times, you'd simply drag out into the parking lot and stomp into the pavement if they were worth 30 seconds of your time. People do not go through four years of college to major in bill collecting. It is an invasive profession, and most collectors are probably subject to a lot of abuse. Therefore, it is a job that appeals to one of three people: 1. People who use it as a weigh station while looking for something better. 2. People who can't do anything else. 3. People who are sociopaths. I have a six figure income, an educated profession, and a FICO score of 747. Yet I have run afoul of bill collectors three times. Once was a valid debt -- I simply forgot to pay a closing gas bill. Two other times were over charges I had disputed, by certified mail. Both times, the creditors did not respond, as required under federal law. Both times, the accounts were simply referred to collections. Both times, the agents (Risk Management and Viking), instead of calling to get my side were rude talked down to me, and came in with their teeth bared. Both times, they were reported to the FTC.

When I read threads like this, I think some of the people really should go back to school. Apparently people who have a "holier than thou" attitude and "Don't borrow money you can't afford to pay back" don't understand that a chain is only as strong as its weakest link, and we live in a society where certain professions who, in less civilized times, you'd simply drag out into the parking lot and stomp into the pavement if they were worth 30 seconds of your time. People do not go through four years of college to major in bill collecting. It is an invasive profession, and most collectors are probably subject to a lot of abuse. Therefore, it is a job that appeals to one of three people: 1. People who use it as a weigh station while looking for something better. 2. People who can't do anything else. 3. People who are sociopaths. I have a six figure income, an educated profession, and a FICO score of 747. Yet I have run afoul of bill collectors three times. Once was a valid debt -- I simply forgot to pay a closing gas bill. Two other times were over charges I had disputed, by certified mail. Both times, the creditors did not respond, as required under federal law. Both times, the accounts were simply referred to collections. Both times, the agents (Risk Management and Viking), instead of calling to get my side were rude talked down to me, and came in with their teeth bared. Both times, they were reported to the FTC.

When I read threads like this, I think some of the people really should go back to school. Apparently people who have a "holier than thou" attitude and "Don't borrow money you can't afford to pay back" don't understand that a chain is only as strong as its weakest link, and we live in a society where certain professions who, in less civilized times, you'd simply drag out into the parking lot and stomp into the pavement if they were worth 30 seconds of your time. People do not go through four years of college to major in bill collecting. It is an invasive profession, and most collectors are probably subject to a lot of abuse. Therefore, it is a job that appeals to one of three people: 1. People who use it as a weigh station while looking for something better. 2. People who can't do anything else. 3. People who are sociopaths. I have a six figure income, an educated profession, and a FICO score of 747. Yet I have run afoul of bill collectors three times. Once was a valid debt -- I simply forgot to pay a closing gas bill. Two other times were over charges I had disputed, by certified mail. Both times, the creditors did not respond, as required under federal law. Both times, the accounts were simply referred to collections. Both times, the agents (Risk Management and Viking), instead of calling to get my side were rude talked down to me, and came in with their teeth bared. Both times, they were reported to the FTC.

I enjoy reading all responses on this topic. I appreciate all comments, even from collectors that try and justify actions upon there behalf. After dealing with Viking I have been placed in another agencie. To those out there that think that we just avoid paying our debts, that was not the case for myself, but some of you cant see past the green. I do understand my rights a little better and I understand that there are laws to protect especially in Texas. My new collection agency is trying to say that they can garnish wages, that is a false statement and I told them so, they fought me on it and told me to call the AG office. I did and the AG office sided with me. 2. The collectors told me that the next course of action was to file a lawsute, did anyone know that that is illegal for them to implicate such a thing without the paperwork first? the AG told me that in the state of texas you have to actually have the paperwork before the collectors can threaten such a thing. I understand that collectors are just "doing there job", how else are they supposed to make money? But it is not tollerable to be rude

In theory, people who work for collection agencies, especially the agencies that have low-life reputations like Viking and Risk Management are just people doing their jobs. Professional bill collectors who are supposed to salvage accounts that have been given up for lost. In practice, the type of work that allows you to get aggressive with people safely hidden behind the telephone is very attractive to weak and insecure people who want to use their jobs to vent the frustrations and lack of power. I have had two experiences with collection agencies when accounts I had disputed were referred to collections. I would get messages addressing me by my first name and the caller was Mr. or Mrs., snarling, "Return the call now!" or "It's very important that you get back to me today." The idea of getting you to pay money by having a pissant talk down to you is an interesting concept. What none of the bill collectors rebutting is mentioning is that the reason they're so aggressive and won't budge is because they're paid on commission. Here's how you deal with them: 1. Send them a letter by certified mail instructing them to cease and desist all telephonic contact, and to verify the validity of this account. 2. If you can pay, contact the original creditor and offer to settle with them. Most of them will settle and this will cut the money vultures out of the loop and cost them their commission. 3. If you can't pay, or feel that good faith has been destroyed by the way you've been treated, tell them to drop dead. 4. If you do make any form of payment arrangements with them, make sure that you first receive a letter stating that they will delete all negative information from your credit report. Most people who make their living off of other people's misfortunate are all too happy to do that -- if you don't get paid, they don't get paid. Make sure that you tell them that removal of info from your report is your only incentive for paying -- if they've already ruined your credit you might as well file bankruptcy.

I am in Texas also, and have had problems with NCO, and I am here to tell you, that I am suing them for harrassment. I got a call from Viking the other day, evidently, NCO has sold my acct. Anyway, I was google, searching for info on nco, and happened to see an online atty in Dallas, who takes collection cases on contingency, I figured, if it doesn't cost me anything, I'd go for it. I did. They have filed suit against NCO, the calls have stopped, and it hasn't cost me a dime, except for $4.25 to send nco a certified, return receipt requested, cease and desist the phone calls letter. Amazingly, the calls have stopped from them, but, apparently, they will now begin with Viking. Here's what you need to do. Log all calls, date, time, name of person who called and if possible, the gist of the conversation. If the calls become excessive, over once a day in Texas, call the police dept, file a complaint, then call your phone co, and tell them you want a trace put on your phone, and give them the case # from the police dept, they will take care of it. Next, contact the Atty Generals office, and file a consumer complaint, also, contact the FTC and file a complaint with them. The atty I used, is T.Dean Malone @ http://www.DEANMALONE.com I am in no way affilliated with this law firm, except as a client, I have no idea how this will all turn out, and I cannot vouch for the atty's ethics, all I know is that it is not costing me anything. In Texas, the only people who can attach your salary is the tax man or the child support division. The best a collection agency can do, is sue you, and get a judgement against you, which unless they renew it in 7 years, will be gone. They cannot take your house or your vehicle, basically, they are screwed, and only have intimidation to resort to. It is illegal in Texas to threaten someone with wage attachment. If you can, get a small tape recorder and with a suction cup attachment, attach the mike to your receiver, notify them that you are recording the conversation at the beginning. go here: http://www.ftc.gov/os/statues/fdcpa/fdcpact/htm There was a case, in Texas I think, where the same thing happened, a woman was paying, and the bill kept escalating, the judge ordered that all the extra charges be taken off her acct, because there was no way, it could ever be paid off with all the interest fees they kept piling on. Hope this helps good luck!

I am in Texas also, and have had problems with NCO, and I am here to tell you, that I am suing them for harrassment. I got a call from Viking the other day, evidently, NCO has sold my acct. Anyway, I was google, searching for info on nco, and happened to see an online atty in Dallas, who takes collection cases on contingency, I figured, if it doesn't cost me anything, I'd go for it. I did. They have filed suit against NCO, the calls have stopped, and it hasn't cost me a dime, except for $4.25 to send nco a certified, return receipt requested, cease and desist the phone calls letter. Amazingly, the calls have stopped from them, but, apparently, they will now begin with Viking. Here's what you need to do. Log all calls, date, time, name of person who called and if possible, the gist of the conversation. If the calls become excessive, over once a day in Texas, call the police dept, file a complaint, then call your phone co, and tell them you want a trace put on your phone, and give them the case # from the police dept, they will take care of it. Next, contact the Atty Generals office, and file a consumer complaint, also, contact the FTC and file a complaint with them. The atty I used, is T.Dean Malone @ http://www.DEANMALONE.com I am in no way affilliated with this law firm, except as a client, I have no idea how this will all turn out, and I cannot vouch for the atty's ethics, all I know is that it is not costing me anything. In Texas, the only people who can attach your salary is the tax man or the child support division. The best a collection agency can do, is sue you, and get a judgement against you, which unless they renew it in 7 years, will be gone. They cannot take your house or your vehicle, basically, they are screwed, and only have intimidation to resort to. It is illegal in Texas to threaten someone with wage attachment. If you can, get a small tape recorder and with a suction cup attachment, attach the mike to your receiver, notify them that you are recording the conversation at the beginning. go here: http://www.ftc.gov/os/statues/fdcpa/fdcpact/htm There was a case, in Texas I think, where the same thing happened, a woman was paying, and the bill kept escalating, the judge ordered that all the extra charges be taken off her acct, because there was no way, it could ever be paid off with all the interest fees they kept piling on. Hope this helps good luck!

I am in Texas also, and have had problems with NCO, and I am here to tell you, that I am suing them for harrassment. I got a call from Viking the other day, evidently, NCO has sold my acct. Anyway, I was google, searching for info on nco, and happened to see an online atty in Dallas, who takes collection cases on contingency, I figured, if it doesn't cost me anything, I'd go for it. I did. They have filed suit against NCO, the calls have stopped, and it hasn't cost me a dime, except for $4.25 to send nco a certified, return receipt requested, cease and desist the phone calls letter. Amazingly, the calls have stopped from them, but, apparently, they will now begin with Viking. Here's what you need to do. Log all calls, date, time, name of person who called and if possible, the gist of the conversation. If the calls become excessive, over once a day in Texas, call the police dept, file a complaint, then call your phone co, and tell them you want a trace put on your phone, and give them the case # from the police dept, they will take care of it. Next, contact the Atty Generals office, and file a consumer complaint, also, contact the FTC and file a complaint with them. The atty I used, is T.Dean Malone @ http://www.DEANMALONE.com I am in no way affilliated with this law firm, except as a client, I have no idea how this will all turn out, and I cannot vouch for the atty's ethics, all I know is that it is not costing me anything. In Texas, the only people who can attach your salary is the tax man or the child support division. The best a collection agency can do, is sue you, and get a judgement against you, which unless they renew it in 7 years, will be gone. They cannot take your house or your vehicle, basically, they are screwed, and only have intimidation to resort to. It is illegal in Texas to threaten someone with wage attachment. If you can, get a small tape recorder and with a suction cup attachment, attach the mike to your receiver, notify them that you are recording the conversation at the beginning. go here: http://www.ftc.gov/os/statues/fdcpa/fdcpact/htm There was a case, in Texas I think, where the same thing happened, a woman was paying, and the bill kept escalating, the judge ordered that all the extra charges be taken off her acct, because there was no way, it could ever be paid off with all the interest fees they kept piling on. Hope this helps good luck!

I'm, amazed at the number of people who send checks or give account numbers over the phone to collections people. Without something in writing you're basically setting yourself up for a bad fall. Insist on any agreements/arrangements in writing (on coporate letterhead and signed by a manager). Make sure the money issues are spelled out clearly. If they balk it's very likely a scam. Without a written agreement you have NO leverage at all. Verbal threats/assurances/promises mean nothing. If it's not in writing it was never valid in the first place.

everyone seems to have the answer for avoiding collectors. most often a cease is suggested, whether written or verbal. when doing this though youre basically saying you refuse to negotiate resolvement of the debt and then put it in writing. is this a hit in the pocket for the agency since they cant contact you? NO. since the agency (viking) did not buy the paper they simply return it to the bank as uncollectable and it goes for further collection activity. the bank will not give up on recovering their funds and viking just returned an account they know will not pay them, just to be replaced with another that might. win-win. best to tlk to the collector and negotiate resolvment- noone else but you will be negatively affected by the debts continued delinquency. p.s. the laws in america are designed to protect financial institutions,not help you avoid bills.

Viking Collections has every right under the Fair Debt Collection Practices Act to call you at home or work, however, under this act THEY DO NOT have the right to harass you! Harassment is not clearly defined by how many phone calls per day. Its considered harassment upon the individual's perspective. So, now you want the calls to stop at work or maybe even at home...send a certified return receipt letter to Viking Collections stating they are not ALLOWED to contact you anymore at the following phone number(s). And list all phone numbers including your home number, if you don't want calls at home anymore either. Let them know they can only contact you through the US Postal Service, in other words the mail! If after you get the SIGNED green card back from the post office and they still contact you by phone at work and/or other numbers you specify they can not contact you will a complaint with your state's Ccnsumer Affairs Division and/or state's Collection Regulatory Board, as well as the Federal Trade Commission at 877-FTC-HELP. To find your state's Consumer Affairs office ask the FTC, they can assist in many ways. Also, Viking Collections DOES NOT have the right to discuss your PRIVATE financial information with anyone other than you! Unless you have given them EXPRESS permission to do. I hope this information helps!

I read some of these posts. First of all, the company does not add fees,interest etc. The Bank (Capital One etc) Sets up those fee's with the agency. The reason for the Post-dated checks are also criteria from the bank. That is how they want it. Example: remembering every month to make your payment, when you have not made one in 6 months and that is why you are in Collections..or have the checks already in office? Which one makes more sense? Also the phone calls stop after you have made a solid arrangement and stick to it. As for the people who think Viking buys all the accounts and keeps the money, HAHAHAHAHA I would of made a hell of alot more money if that were the case. The bank does own most of the accounts and gets most of the payments back. The bank hired the company to do what they tried to do for 6 months...get the debtor to pay! It is common sense..if you took money from a bank..you better believe if that balance is high enough, the bank will get the cash back...with your cooperation or not..get the drift?

Someone was asking if the Viking in AZ is the same as the Viking in MN. Its partly true but we are affiliated. I can see how you guys are upset with the calls but you did sign the contract and you did agree to all the fees that will be changed if breech your contract. Someone was wondering how their 500.00 limit got up to 1600.00? Very easy, just do the math yourself. 35.00 late fee. 35.00 overlimit fee. and im guessing like 30.00 for finance charges. So each month you neglect your bill you will be charged about 100.00 a month. Your account doesnt get charged off and sent off to a collection agency for 6-10 months. There is a reason why collectors ask you to send post dated checks if you want an arrangment. Its not because they want to rip you off. It has more to do with trust and commitment. Remember people, your in collections for not paying your bill. So if the collector says its ok for you to send a certan amount each month by postdated checks, its a way for you to commit yourself to paying back the debt and it shows the collector you do have intentions of paying it back. And also keeps with payment consistancy like someone said above. And yes the calls will stop when you send postdates because the collector knows the pmt is already in the house for several months and he/she wont have to call you all the time. But once your postdates run out the calls will continue again. Not to rip open a new one for you but just to see if your able to settle out the account or have you cont to send those chks. And if anyone of you actually worked at a collection agency, you would find out that its only about 10% of the employees that are assholes on the phone.

1: Charge Off accounts most often are not sold until the paper is more than a few years old. The collection agency likely did not own the account. Realize that credit card companies make money on high risk loans wiht no questions asked. High risk means high interest. It is a fact of life and if it pisses people off so much, I suggest educating the young about personal finance and informing your own children about fiscal responsibility. Venting some misdirected anger is fruitless and immature. 2: Post dated checks are likely solicited to improve consistency. In my experience, they also stop the phone calls until more are needed... 3: No collection agencies can charge interest or fees anywhere. Period. Anything that accrues is due to terms of the original contract with the bank. The 'absurd' balances should not be shocking since the bank sends monthly statements up to charge off. 4: Terms like 'harrassment' and the likes are very loosely interpretted and even more misused. The 'abuse' also pales in comparison to what someone in the industry is threatened with all day long. My advice-walk a mile in your creditors shoes, they might 'work with you.' 5: Do know your rights and stand your ground, but simply not paying will only hurt you. These banks will not miss your money and will take action to keep people in check as a practical concern for future business. Bad credit means higher interest on cars and homes, which WILL cost a consumer thousands more than a small nuisance of a bill. A 20k car costs one with good credit a total of 23k in four years(approx). Someone with bad credit may get a similar monthly payment, but they will stretch the loan over 6 years, upping total payoff to near or over 30k. Good luck. Hope this has helped someone make a better, more informed decision.

That 800.00 credit limit went to 1600.00 fairly easily - through no fault of yours. When they charge off an account, their gravy train is just starting to roll. The interest continues to accumulate, usually at a higher rate than the one you originally agreed to. Charged off accounts often have a default interest rate well over twenty percent. They charge you late fees. Every month, between 30.00 and 60.00 easily. They charge you over limit fees. What they don't do is continue to send you statements. Most people assume that a charged off account is frozen at the amount owed at the time of charge off. Not on your life. They'll demand post dated checks. Tell them to go to hell. Tell them you want to settle. It will show on your CBR as settled for amount agreed, but that's better than showing it open and in default. If they won't settle, tell them you'll pay no more than the credit limit at the time of charge off. They'll insist that you can't. They'll imply that you've stolen something. They'll infer that you're a deadbeat, a loser. It's all talk. Every word. They're trying to intimidate you. Most people know they owe a debt and they have no idea what the laws are that protect them. Conducting business is one thing - most people will pay a legitimate debt, given a chance and some understanding, but what collection agencies do is another thing altogether. You're in Texas. You are absolutely bulletproof. They can't sue you. They won't sue you, as an earlier poster said. It would cost them more than what they say you owe to bring the case to court. It would only be small claims. They might win their piddly little judgement, but then they would have to collect and that puts them right back at square one. You can verbally cease them from calling your mother's home and they are bound by law to stop. The only time you can't stop them verbally is if the telephone is in your name or if you are reasonably considered one of the people who would be paying the bill. They can't garnish you. They can't touch you.

If people can only afford X then that's all they can afford. Viking should take X and leave it at that instead of threatening to sue and calling people "deadbeats", etc which will not result in them getting their money any faster. File a report with your local Consumer Affairs office, the FTC and the home state where Viking is located since they appear at least in my case to be using tactics that go beyond the line of acceptable.

Samantha Lemon from Viking in Phoenix, AZ was harrassing me also. Today, I got a letter that really made me laugh, and i quote: "Confirming our verbal agreement, I will expect $1600.26 to be in my office no later than 09/30/04. Please insure your payment is mailed in a timely fashion." HAHAHAHALOLOL - I COULD NOT STOP LAUGHING!!!! Who does she think she is?!?!?! Plus, my credit limit with Capital One was only $500. How could it have tripled to $1600.26? I will NEVER pay three times what i agreed to pay in the beginning. I've never heard of derision to such a degree. I mean I can only laugh at that!! LOL

Viking in Minnisota which I think is the same company due to the fact of my account is also a Capital One Account, I have been dealing with in the same way I have to send 6 post dated checks to them for $100, but now that those have run out I have been getting the phone calls again. I have been thinking about sending my payments directly to capital one. I have had this card for almost two years but after I started using the card my husband who was an IT professional was in a car accident and almost lost his life. We went from two incomes to one really low income, and we have been struggling ever since. I used to have excellent credit but one rainy day change our lives forever. Is it a good idea to go ahead and send my payments to Capital One directly so that I know that my payment is all going to the debt?

First things first. Do NOT send this 3rd party collection agency any more money. Do send them a "Drop Dead" letter informing them that they are not to contact you or your family, either in writing or by phone, ever again. Send this letter via Certified Mail, return receipt requested. They will have to sign for it, and you will receive a card back with a signature and the date that they received your letter. Under the Fair Debt Collection Practices Act (Federal legislation to protect debtors from undue harrassment) they are legally forbidden to contact you ever again. If they do, you can sue them. For more info, see fair-debt-collection.com. You didn't give a date that Capital One "charged off" your debt, that is a very important date. Under Texas Law (Section 16.004 (a)(3)) the Statute of Limitations for collection of bad debts is 4 years. SOL begins the day after the cause of action. In your case the cause of action is the charge off by the original creditor, Capital One. In Florida, Collection Agencies can't charge interest, do some research on fair debt collections for Texas. Also, they purchased your debt for pennies on the dollar from CapitalOne, they own it now. Don't let them tell you otherwise. If you do get a notice to appear in court, GO!!! Tell the judge your side, he'll most likely send you and the agency to mediation. They will settle with you, usually for about 50% of the original debt amount, which you have already paid. If its been over 4 yrs. from date of charge off, tell the judge that, he will through out the case. Please don't listen to negative comments offered by some people. You were working and making your payments as you had agreed when you got your card. Bad things happen to good people, too. You honestly made every attempt to settle this debt, you should not be harrassed when you are seeking advice and help. Good Luck to you and your baby!

Credit cards are not loans. They are for conveinence. If you do not already have the money in the bank, you should not make the purchase. Capital One has high interest rates/high fees because they target people with bad credit. These people have every right to pursue you for the money that you owe. And to "M" from Texas, they will and do take people to court for small amounts. They will take up to 30 debtors to court on one day with only one attorney representing the creditor. They assume the majority of debtors will not show up thus a default will be entered and the creditor will win the judgement. The right thing to do is to pay your debt, and learn your lesson. However you alreay have a charge-off on your credit report which stays on your credit report for 7 years, and is very damaging. If you want to buy a house/obtain a mortgage the charge-off will be on forever.

The reason they keep calling you is because you keep paying them. It's Pavlov's famous experiment. The bell rings, and they get fed. If you pay a small amount, it will never end. They will continue to add bogus charges (which may not be allowed by law, but they hope you don't realize that) so that it will never be paid off. Either pay all that they demand to leave you alone (and trust that they will; not likely), or don't pay anything at all. There is no middle ground. If you are resolute to not pay a dime, eventually they will give up on pestering you. Don't even talk to them at all. They called you and you don't have to be polite. You can send a letter telling them not to phone you or your mother any more. Don't let them play on your sense of moral obligation. You've already repaid more than Capital One loaned you in the first place. Also Capital One will not get ANY of the money you send to the collection agency.

I, too, had the same problem with Southwest Collections after having a credit card charged off. I know how harrassing they can be, and they are very good at making you feel as if they have the power to come and take every from you. I did not want to send them the post-dated checks, so I tried to make arrangements for a month-to-month payment plan or any kind of automatic withdrawl and was told that they could not do it. I, too, was very concerned about the amount of interest being charged When I asked them for a statement of my account with them so that I could see how much of the principal I was hitting every month, I was told that I needed to do the math myself. A very nonconfrontational person and very untrusting of them due to their treatment of me, I told them I did not feel comfortable with the post-dated checks, and then was told I was in default of my account (which is true -- in default of the Capital One account, which is the reason why it was thre) and hung up on. I was also told that they would not accept any payment less than the $1200 that was due. Even though I did send them money, the endless harassing phone calls (and don't forget the spiteful letters) continued -- to the point where the person asked me if I was going to be willing to use my wages as collateral to pay them. When I asked him if he was threatening me with litigation, he "terminated" the phone call. I did send them $100 checks every 15th of the month, and they did cash them, even though they said they would not. I also wrote to the Better Business Bureau and filed a complaint with the FTC regarding the fact that the person I spoke with threatened to garnish my wages. Through this avenue, I did have to pay them every month, but it was a much more manageable amount, and I did not have to send the 6 post-dated checks. As a TEXAN, PLEASE KNOW -- state law prohibits them from garnishing your wages. (I believe they can only garnish for government purposes.) Also, for such a small amount of money that you have remaining, they will not pursue you in court. (I learned all of this after the fact.) I know they make it seem as though they are going to come and take away your first born child, but realize that it is just an intimidation tact. Keep sending them money (what you can afford), but don't let them push you over the edge. After filing with the BBB, they agreed to my suggested resolution, sent me a statement with the interest I had paid, and they never called me again. My blood still boils, though, when I think of how they treated me -- especially when I never disputed the debt and agreed to pay them -- just not with the 6 postdated checks. Hang in there... Your account is already in default with Capital One. It has already been sent to collections... there is not much further it can go. There are people who owe more than you (who aren't even picking up the phone to speak with them), and the small amount of money you owe them (especially if you are sending them some money), is not going to be worth taking you to court. Just send them some money -- you are at least showing a good faith attempt to pay if it were ever to go any further (which I doubt) -- and, you are getting closer to getting them out of your life. Also, familiarize yourself with the boundaries of collections agents. Many consumer credit services websites will provide you with this information. It is amazing how often they do cross the line, and it is more amazing the power you have when you call them on it. I wish you the best.