Cap One "pre-legal" notice

[IamOld]

well guys, still trying to make it to Sept here!!

Just received a "pre-legal" notice from Cap One - owed about $2800.

Turns out this may be from Cap One technically but it seems to be from NCO financial...

Here is an interesting link: http://www.stopcollector.com/class-r...vs-capital-one

So...is this the time to try to stall Cap One/NCO - call and tell them I'm broke OR use their capitalone.com/solutions website?

OR is this the time to give them my lawyer's contact info? If they pull my credit they will see it's "tragic" - I've no $$$...

In the past, in my state, Cap One tries to sue in small claims court whenever possible...

I'm wondering - I'm wondering if you all with this think i can make it to Sept, or it will be a long hot summer...I'm thinking if they file say early July, then they could have a court date as early as early-mid Aug - if it's small claims, that's it. if not, I can ask for a trial date which is set later on....

Opinions guys???? please?!?!?!?!?!

[lillymarlene]

A similar situation happened to me last year. I received a summons from one credit card March 2010 for a pre-trial to be held during July. Then about a month later I received another summons for another credit card. I attended the "pre-trial" for the first creditor at my local small claims court, and was given a trial date for November. (Luckily, I was able to drag this out.) This also, ended up being the same day as the "pre-trial" for the 2nd creditor. Felt like I must have really "rated" getting 2 for one! :-)

My attorney filed the end of October for me. Then a couple of weeks before the creditor's lawsuits date, he had me deliver "Suggestion of Bankruptcy Letters" for the two creditors to the court. They both voluntarily dismissed their suits after that.

I don't know, but maybe you'll be able to stall things until you file. Depending upon your state, maybe this could take a few months. Good luck.

[dman]

Pre-legal...EVERYTHING up to "legal" is PRE-legal. When you sign up for a store card in the store...someone in PRE-legal is handling your application. When you mail in your payment, you're mailing it to a PRE-legal department. When you call in to inquire about a credit increase, you're talking to someone in a PRE-legal department.

In other words...it's a scare tactic. They can't legally say that their legal department is handling it...but it's perfectly legal to say that their PRE-legal department is. There's no limit to how many PRE-legal departments they can have. A collection agency they hire could be PRE-legal.

Other than the fact that it's a scare tactic, I have no other info for you, sorry.

[catleg]

I must have been very lucky. I convinced on of their collectors that I really planned to do a BK, and they coded my accounts in such a way that all the phone calls stopped, no lawsuit, it was amazing. Cap One gets knocked around a lot but they seem to have reformed; in my mind Chase is the new Capital One. So keep talking to them and stress that you have made a decision to file once you get a lawyer and save the money, it may pay off for you.

[treehugger1]

I agree! Tell them you are representing your very own pre-bankruptcy department and you will probably turn bankruptcy before they turn legal. The pre-legal scare tactic has been around for years. This does sound like NCnO. Get them (NCnO) to send you something in writing and fire off a simple denial-of-debt-and-request-verification letter. In the words of Nancy Reagan, just ncNO.

[IamOld]

Thank you!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!!!! ALL!!!! for responding...I'm curious - could you =- lillymarlene - possibly share some sample "suggestion of bankruptcy" language with me?

And yes guys, this is - after a bit of googling - NCO.

So is it worth sending them a letter stating that a) I WILL be (fingress crossed) filing for bankruptcy shortly? soon? within 60 days? and b) here is atty name/number/address???

Or let it "stew" for a while longer?

Would you suggest though that for Zwicker I do the validation and THEN do the above???

[disconapper]

NCO Financial was one of my collection agencies for a medical bill. I ignored them for a good solid year and a half. They called quite often, but I didn't have the money to pay so I didn't answer. I'm sure I got a letter similar to yours, I wish I had it, I'm sure I have thrown it away, I only think I have the last letter from them. I do recall them being one of those collectors that leaves a message on the machine..."The following message is for Xxxxx Xxxxxx, if you are not Xxxxx Xxxxxx then please stop listening to this message...."

[IamOld]

NCO Financial was one of my collection agencies for a medical bill. I ignored them for a good solid year and a half. They called quite often, but I didn't have the money to pay so I didn't answer. I'm sure I got a letter similar to yours, I wish I had it, I'm sure I have thrown it away, I only think I have the last letter from them. I do recall them being one of those collectors that leaves a message on the machine..."The following message is for Xxxxx Xxxxxx, if you are not Xxxxx Xxxxxx then please stop listening to this message...."

thanks Disco! Yes, I get those messages too...I'd just want to try to be as sure as one can be as to what may be the least bad course of action :-)

[IamOld]

Sorry - one more question - any good sample language for the suggestion of bankruptcy?

AND what do you all think I should email to the credit union in referring them to atty???

[sunshinepa]

Don't have anything for the suggestion of BK letter and not sure I would bother at this point. As another poster said, it's still pre-legal. I would do nothing until I actually get a notice for court. Then move on it.

For the credit union, tell them you have retained BK attorney period. Provide name, number and inform them all future contact should be through your atty.

[IamOld]

Don't have anything for the suggestion of BK letter and not sure I would bother at this point. As another poster said, it's still pre-legal. I would do nothing until I actually get a notice for court. Then move on it.

For the credit union, tell them you have retained BK attorney period. Provide name, number and inform them all future contact should be through your atty.

Thanks! So no "story" with the email to the credit union, right?!

[sunshinepa]

Nope, you don't need a story, you have an attorney!!!!!! Let him deal with it.

[IamOld]

Sunshinepa, you are definitely the voice of rational reason today!!!!!

Thank you!!!!

Since I'm a card carrying coward - deep breath - how about if I wait until after hours on Fri to send the email... :-)

[sunshinepa]

Sunshinepa, you are definitely the voice of rational reason today!!!!!

Thank you!!!!

Since I'm a card carrying coward - deep breath - how about if I wait until after hours on Fri to send the email... :-)

Awww come on OLD. They can't see ya or hear ya. You don't even have to open email back from them. Git er done!!! One less thing to take care of/worry about.

[IamOld]

Well guys got another one for my second Cap One acct - this acct is "only" $900 and change, so they can (and do) go to small claims...SAME exact letter but interestingly on this it says plainly serviced by NCO Financial...it does say that no decision to sue has been made yet...

Any thoughts on whether NCO ALWAYS sues for such an amount?