credit card?

Question

I was past due on my capital one credit card although I was paying what I can each month. The total was 1800.00. i agreed to pay $305.00 a month BUT I never had a written agreement. I have $416.00 left to pay. This past month i couldn't pay the whole thing. I agreed to pay $150.00 after she told me they were going take me to court I said I would pay the whole amount off in Oct and she said they would still take me to court if I didn't pay the $150.00 in Sept. She kept asking me where is my money going-what am I doing with it-what bills am I paying off.
first off, Would they really take me to court over $416.00 THAT I said I WOULD pay in Oct-even offered to post date a check. also I have not received anything in 3 months saying i paid, she said they were mailing them but I said I didn't receive them. What are my rights in all this? what can I do? can she ask me those questions?
Hope this makes sense...thanks.

Answer 1

Credit card companies try to use a fear tactic to get people to pay. It is possible for them to take you to court however there are many avenues they have to cross before that happens. They have to turn it into a collections agency first. By law if they refuse to accept your payment whatever it may be the bill is legally paid but you need to have that in writing so that if they do take you to court you will have documentation to that fact. By the time they get around to taking you to court the bill will be paid. The next thing you are going to want to do is cut up your credit card and use cash or a debit card only. You will find you will save a lot of money. You will not have high interest rates and threatening phone calls.

Answer 2

First of all it is highly unlikely that they'd take you to court if you've been making payments. Second, it is none of their business where your money goes.Call the 800 customer service number and ask what your balance due is and request a current statement be sent to you showing past payments and balance due. Next, find anyway possible to send them the $416.00 and cancell this account immediately. There are other companies out there that will treat you better. Even if you send a check for $150 it is showing that you have attempted to pay on your account. But plese try to pay off the rest ASAP. Good luck.

Answer 3

She should not have asked those questions but it was not illegal. Call the 800 number on the back of the card and find out what the balance is. Speak with any one except the woman you have been speaking with. They may turn you over to collections but as long as you are paying each month then you should be pretty safe. Don't miss any more payments, this can come back and bite you later.

Answer 4

I don't think you have anything to worry about. I had a capitol one credit card my balance was 5000 and they never took me to court, they did turn it over to collections but I ended up filing bankruptcy a couple years later. As long as you are paying the minimum payment or anything at all for that matter, they are not going to do anything you have to realize that it costs them money to go to court and if you are paying then why would they go to court over it there are lots of other people who aren't paying anything at all on their cards. If you are not getting anything in the mail such as statements from them, they should have a website that you can go to and look at your statements there. Look on your card or an old statement to find the web adress.

Answer 5

If you are right dispute the charges and file a complaint with the BBB. Credit card comanys seem to to be the only legalize way to loan shark in america. Worse comes to happen see a attorney, most credit cards companys won't go to court they just charge it off and it appears on your credit rating.

Answer 6

i would think that they can't possibly get you in court so soon.. this is the beginning of Oct.. so shake some tail feathers, pay off debt, and be glad you did : ) me, i wouldn't hold their credit card again.. burn it.. i always told my kids, if you can't live on your own money, you surely can't live on someone else money.. all they are trying 2 do is scare you into paying .. don't worry.. and be sure 2 get a paid in full receipt : )