small claims Capital One

[jonivg]

What is the name of your state? indiana

rec'd summons small claim - plaintiff is Capital One Financial Corporation (Capital One Bank) issued credit card in 2000 for limit of $300. Have cancer - had surgery - unemployed, but husband and i have our own home.

sued for $900.36 + 20.95% interest from 4/28/2001 and attorney fees of $300 (Bowman, Heintz, Boscia & Vician)

today i advised bowman that i would consider paying out of court settlement of $600. overlimit fees & late charges were accrued and capital one kept the card open so they could charge additional late fees/overlimit fees.

am i being reasonable - should i attempt a counterclaim if they will not settle prior to hearing?

 

[a neighbor]

OK, I have to ask what would the counterclaim be for???

A) 20.95% is cheap for non-payment these days (I've seen higher);

B) if you go to court you will have to pay their attorney (so be nice and explain your situation);

C) *GULP* I hate Capital One, but they don't have to close the account, it's up to the customer to close the account, unless they close and charge off. Looks like they didn't do that.