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Question
Hello,

I paid off my Capital One credit card at least six months ago. After receiving the payment, they insisted I owed them a $59 "membership fee." While I could have just paid this usury and been done with it, I was so angry that I said no.

I began receiving literally 10 calls a day from NCO, their collection agency. I told them verbally and twice by mail that I consider the bill paid in full and will not send them another nickel. They now insist the debt has grown to $300. I even told them I would settle for the $59 and they said no, they want at least $175.

They are calling me at all hours, from 7:30 a.m. to 10:30 p.m. I was recently in another time zone and got a call at 5 a.m. What is my next step? Thank you.

Answer
The first thing is to get rid of the calls either by sending them a certified mail return receipt requested letter telling them not to contact you by any means other than the U.S. Mail or by visiting my web page at http://www.creditwrench.com/18questions.html

Either one will stop their calling and if the letter don't stop them you have every right to sue them in federal court.

But both methods have a severe drawback in that you then won't be able to collect and accrue new causes of action against them. You will have shut off a valuable source of violations to use against them in federal court.

But then maybe you aren't interested in getting money so you can pay off other bills and debts before they go to collections. Maybe you aren't interested in making enough money to at least take a little vacation or getting a few things you would like to have but can't afford right now. If that is the case then just go ahead and put a stop to the calls by either or both of the methods above.

Bill Bauer
405-684-9297
405-227-9423

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Collections Law

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Creditwrench

Expertise

Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.

Experience

I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.

Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.

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