bucknbroncho
Junior Member
What is the name of your state? Wisconsin
Hello.
This is the background history for my question ... This is a Capital One account. Account is last listed on credit report as date of last payment 2/01.
We were contacted by attorney's for Cap One around 2002 or 2003 and I asked for validation. I asked several times and sent each one with registered return requested. They did reply, but never validated the requests. Even though we asked for validation they filed a request for judgement with the courts, which we attened twice and they did not. They knew we were asking for validation and they did not have it. The Judge though, dismissed the case adding without predjudice, which totally ticked us off at the time. The judge was not very interested in any arguments either. So, we were fairly certain this was all but over. Then on June 27 of 2006 we received another attorney letter, same ones, looking to collect. Once again I fired off the validation letter. Nothing in retun, until now. This week we received a letter stating they had a copy now of an application for credit from the OC. What this is is a copy of a 30 second acceptance certificate. It says ..."yes, I want a preapproved visa card" Then the offer expires 12/31/2000. Then it has a tell us about yourself area with ss, name address and phone, then signature. It also states that they have the right to check employment and credit history ... Then attached are two statements from Cap One. One from Dec. Jan 2001-2002 and the next from Jan Feb 2002. Both show no payments made for either statement. As I said, the credit report states that the last payment was made Feb, 2001. This I must assume is what Capital One has reported and take as the start of the SOL March 2001 Date. That being the case if I am correct, As of March 3rd, the SOL is in play? But, now I am wondering if the dismissed case without predjudice is of any importance? My take here is that it was DISMISSED and that the without predjudice means only that they would be able to initiate a new filing if they had the proper information at hand, but what I am hoping is that they are now barred by the so0l from doing just that. I am not convinced this validation they have now sent is pertinant. It bears no identification from an account id, only that a card may have been applied for, not that it was issued, or that it was actually issued for that account.
Anyway, please offer your opinions on this situation. Where anm I standing now? I am feeling like they are making a last ditch effort not to lose this, but my gut tells me they may have waited too long? I know they can attempt to collect after the SOL is up, but that is not what troubles me.
Any help ... Thank you much!What is the name of your state?
Hello.
This is the background history for my question ... This is a Capital One account. Account is last listed on credit report as date of last payment 2/01.
We were contacted by attorney's for Cap One around 2002 or 2003 and I asked for validation. I asked several times and sent each one with registered return requested. They did reply, but never validated the requests. Even though we asked for validation they filed a request for judgement with the courts, which we attened twice and they did not. They knew we were asking for validation and they did not have it. The Judge though, dismissed the case adding without predjudice, which totally ticked us off at the time. The judge was not very interested in any arguments either. So, we were fairly certain this was all but over. Then on June 27 of 2006 we received another attorney letter, same ones, looking to collect. Once again I fired off the validation letter. Nothing in retun, until now. This week we received a letter stating they had a copy now of an application for credit from the OC. What this is is a copy of a 30 second acceptance certificate. It says ..."yes, I want a preapproved visa card" Then the offer expires 12/31/2000. Then it has a tell us about yourself area with ss, name address and phone, then signature. It also states that they have the right to check employment and credit history ... Then attached are two statements from Cap One. One from Dec. Jan 2001-2002 and the next from Jan Feb 2002. Both show no payments made for either statement. As I said, the credit report states that the last payment was made Feb, 2001. This I must assume is what Capital One has reported and take as the start of the SOL March 2001 Date. That being the case if I am correct, As of March 3rd, the SOL is in play? But, now I am wondering if the dismissed case without predjudice is of any importance? My take here is that it was DISMISSED and that the without predjudice means only that they would be able to initiate a new filing if they had the proper information at hand, but what I am hoping is that they are now barred by the so0l from doing just that. I am not convinced this validation they have now sent is pertinant. It bears no identification from an account id, only that a card may have been applied for, not that it was issued, or that it was actually issued for that account.
Anyway, please offer your opinions on this situation. Where anm I standing now? I am feeling like they are making a last ditch effort not to lose this, but my gut tells me they may have waited too long? I know they can attempt to collect after the SOL is up, but that is not what troubles me.
Any help ... Thank you much!What is the name of your state?