Legal Question in Credit and Debt Law in Texas

Wrongfully sent to collections?

I'M in the service my grandma pays my bills from a bank account i have by power of attorney. A couple of months she didn't recieve a bill from CapitalOne and it didn't dawn on her. Then she got this letter saying i owed Cap.1 $730.00 (my monthly payment is $156.00) I was home on leave and took care of it by calling in and having them take a debit payment of $1000.. Apparently they didn't take it out but on my next billing cycle they credited my account for $1000.00 making it seem like they did & at that time i didn't know they really didn't then the next payment of $156.00 was sent on time but during that time they sent the account to collections. I thought everything was ok till this month my grandma tells me she hasn't gotten anything from Cap1 for July. I called CAP1 & thats how i found out! I want to know if the billing cycle saying my account was credited the $1000.00 (which if they had taken it out would have saved my account from collections) would help prove it was their error. i had almost $4,000 in the account at the time and i can prove it I also called the next day after the $1000.00 payment to verify everthing was ok & Cap1 said yes. I want to pay my debt in full to Cap1 not strike a deal with the collection agency.


Asked on 7/27/06, 1:34 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Wrongfully sent to collections?

Yes it was wrongfully sent to collections, and they should clear your credit report.

Additionally, increasing a payment from $165 to over $700 based upon one late payment may be usurious.

It may be worth your while to pay a lawyer $75 to write them a certified letter disputing the account, demanding an accounting and full settlement of the debt.

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Answered on 7/27/06, 2:26 pm


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